
[Federal Register: December 8, 2009 (Volume 74, Number 234)]
[Rules and Regulations]               
[Page 64613-64615]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08de09-5]                         

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0989]
RIN 1625-AA00

 
Safety Zone; Chimes and Lights Fireworks Display, Port Orchard, 
WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of Port Orchard, WA during the Chimes and Lights fireworks 
display. This action is necessary to provide for the safety of 
recreational and commercial boaters in the area during the fireworks 
show on December 5, 2009. Entry into, transit through, mooring, or 
anchoring within this safety zone is prohibited unless authorized by 
the Captain of the Port, Puget Sound or Designated Representative.

DATES: This rule is effective from 5 p.m. to 8 p.m., December 5, 2009.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2009-0989 and are available online 
by going to http://www.regulations.gov, inserting USCG-2009-0989 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail ENS Ashley M. Wanzer, Sector Seattle 
Waterways Management Division, Coast Guard; telephone (206) 217-6175, 
e-mail SectorSeattleWWM@uscg.mil. If you have questions on viewing the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because it is contrary to the public interest 
to delay the effective date of this rule. Delaying the effective date 
by first publishing an NPRM would be contrary to the safety zone's 
intended objective since immediate action is necessary to ensure the 
safety of vessels and spectators gathering in the vicinity of the 
fireworks launching barge and display sites. Hazards include premature 
detonations, dangerous detonations, dangerous projectiles and falling 
or burning debris. Additionally, the zone should have negligible impact 
on vessel transits due to the fact that vessels will be limited

[[Page 64614]]

from the area for only three hours and vessels can still transit in the 
majority of Puget Sound during the event. Accordingly, under 5 U.S.C. 
553(b)(B), the Coast Guard finds that good cause exists for not 
publishing an NPRM.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register because immediate action is 
necessary to ensure the safety of vessels and spectators gathering in 
the vicinity of the fireworks launching barge and display sites. For 
this reason, following normal rulemaking procedures in this case would 
be impracticable and contrary to the public interest.

Background and Purpose

    The Coast Guard is establishing a temporary safety zone to allow 
for a safe fireworks display. This event may result in a number of 
vessels congregating near fireworks launching barge and site. The 
safety zone is needed to protect watercraft and their occupants from 
safety hazards associated with fireworks displays. The Captain of the 
Port, Puget Sound may be assisted by other federal and local agencies 
in the enforcement of this safety zone.

Discussion of Rule

    The Coast Guard is establishing a safety zone on the specified 
waters of Port Orchard, WA. The safety zone will encompass all waters 
of Sinclair Inlet extending out to a 500' radius from the fireworks 
launch site located north of the town of Port Orchard at Radar Site 
``C'' at 47[deg]32'45'' N, 122[deg]38'02'' W (NAD 1983). This rule, for 
safety concerns, will control vessels and personnel movements in a 
safety zone. Entry into this zone is prohibited unless authorized by 
the Captain of the Port, Puget Sound or Designated Representative. The 
Captain of the Port, Puget Sound may be assisted by other federal and 
local agencies in the enforcement of this safety zone.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This temporary rule will affect the following entities, some of 
which may be small entities: the owners or operators of vessels 
intending to transit a portion of the Puget Sound while this rule is 
enforced. The safety zone will not have significant economic impact on 
a substantial number of small entities for the following reasons. This 
temporary rule will be in effect for no more than 3 hours when vessel 
traffic volume is low. Traffic will be allowed to pass through the zone 
with the permission of the Captain of the Port or Designated 
Representative, and if safe to do so.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That

[[Page 64615]]

Significantly Affect Energy Supply, Distribution, or Use. We have 
determined that it is not a ``significant energy action'' under that 
order because it is not a ``significant regulatory action'' under 
Executive Order 12866 and is not likely to have a significant adverse 
effect on the supply, distribution, or use of energy. The Administrator 
of the Office of Information and Regulatory Affairs has not designated 
it as a significant energy action. Therefore, it does not require a 
Statement of Energy Effects under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction. This rule involves establishing a 
temporary safety zone. An environmental checklist and categorical 
exclusion determination are available where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR Part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for Part 165 continues to read as follows:

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C Chapter 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5; 
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

0
2. Add temporary Sec.  165.T13-123, to read as follows:


Sec.  165.T13-123  Safety Zone; Chimes and Lights Fireworks Display, 
Port Orchard, WA.

    (a) Safety Zone. The following area is designated a safety zone: 
Port Orchard Bay, WA
    (i) Location. All waters of Sinclair Inlet extending out to a 500' 
radius from the fireworks launch site located north of the town of Port 
Orchard at Radar Site ``C'' at 47[deg]32'45'' N, 122[deg]38'02'' W (NAD 
1983).
    (ii) Effective time and date. 5 p.m. to 8 p.m. on December 5, 2009.
    (b) Regulations. In accordance with the general regulations in 
Section 165.23 of this part, no person or vessel may enter or remain in 
this zone unless authorized by the Captain of the Port or Designated 
Representative.
    (c) Enforcement Period. This section is effective from 5 p.m. to 8 
p.m. on December 5, 2009. If the need for the termination of the safety 
zone occurs before the scheduled termination time, the Captain of the 
Port will cease enforcement of this section and will announce that fact 
via Broadcast Notice to Mariners.

    Dated: November 13, 2009.
Suzanne E. Englebert,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. E9-29124 Filed 12-7-09; 8:45 am]

BILLING CODE 9110-04-P
