
[Federal Register: June 15, 2010 (Volume 75, Number 114)]
[Rules and Regulations]               
[Page 33698-33701]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jn10-13]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0063]
RIN 1625-AA00

 
Safety Zones; Annual Firework Displays Within the Captain of the 
Port, Puget Sound Area of Responsibility

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing permanent safety zones to 
ensure public safety during annual firework displays at various 
locations in the Captain of the Port (COTP), Puget Sound Area of 
Responsibility (AOR). When these safety zones are activated, and thus 
subject to enforcement, this rule restricts the movement of vessels 
within the established firework display areas. This action is necessary 
to prevent injury and to protect life and property of the maritime 
public from the hazards associated with firework displays. Entry into, 
transit through, mooring, or anchoring within these zones during times 
of enforcement is prohibited unless authorized by the Captain of the 
Port, Puget Sound or Designated Representative.

DATES: This rule is effective June 15, 2010.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2010-0063 and are available online by going to 
http://www.regulations.gov, inserting USCG-2010-0063 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is 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 rule, 
call or e-mail Ensign Ashley M. Wanzer, USCG 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

    On February 25, 2010, we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zones; Annual Firework Displays within the 
Captain of the Port, Puget Sound Area of Responsibility in the Federal 
Register (75 FR 8566). We did not receive any comments on the proposed 
rule. We also did not receive any requests for a public meeting; 
therefore, a public meeting was not held.
    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. Immediate action is necessary to 
protect life, property and the environment; therefore, a 30-day notice 
is impracticable. Delaying the effective date would be contrary to 
these safety zones' intended objective of protecting persons and 
vessels involved in the fireworks events.

Basis and Purpose

    The U.S. Coast Guard is establishing permanent safety zones to 
ensure public safety during annual firework shows occurring within the 
Captain of the Port, Puget Sound, WA, AOR. This action is necessary in 
order to restrict vessel movement and reduce vessel congregation in the 
proximity of firework discharge sites ensuring maritime public safety.
    Coast Guard typically receives numerous applications in these 
geographic areas for firework displays. Currently, temporary safety 
zones are established on an emergency basis for each individual display 
thereby limiting opportunity for public comment. Establishing permanent 
safety zones through notice and comment rulemaking provided the public 
the opportunity to comment on the safety zone locations, size and 
length of time each zone will be enforced. Additionally, this final 
rule includes a variety of locations and date ranges to allow for 
speedy and safe activation of permanent safety zones. Firework displays 
occur in these locations and on these dates with regularity. The 
establishment of multiple permanent safety zones provides enhanced 
public safety measures by reducing the number of emergency safety zones 
needed for firework displays. Notification of the specific dates and 
time for activation of safety zones will be available to the maritime 
public.
    Each year organizations sponsor firework displays in the same 
general location and time period. Each event uses a barge, a tug and a 
barge, or an on-

[[Page 33699]]

shore site near the shoreline as the fireworks launch platform. A 
safety zone is used to control vessel movement within a specified 
distance surrounding the launch platforms to ensure the safety of 
persons and property. An on-scene patrol commander may allow persons 
within the safety zone if conditions permit.

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. This rule is not a significant regulatory 
action because the period of enforcement and size of these safety zones 
are minimal.

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 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 affected waterways while this rule is enforced. These 
safety zones will not have significant economic impact on a substantial 
number of small entities for the following reasons: The safety zones 
included in this rule will be in effect for a short duration when 
vessel traffic volume is low and are limited in size. If safe to do so, 
traffic will be allowed to pass through these safety zones with the 
permission of the Captain of the Port or Designated Representative.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
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 (adjusted for 
inflation) 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 cause 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 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.

[[Page 33700]]

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 that 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 the establishment of safety zones 
around firework display sites within the COTP Puget Sound AOR. Each 
event will individually comply with NEPA requirements on an annual 
basis as ensured through the submittal of an annual marine event 
permit. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this rule.
    An environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping 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. Chapters 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 Sec.  165.1332 to read as follows:


Sec.  Safety Zones;  Annual Firework Displays within the Captain of the 
Port, Puget Sound Area of Responsibility.

    (a) Safety Zones. The following areas are designated safety zones: 
(1) All waters of Puget Sound, Washington, extending to a 450 yard 
radius from the following launch sites:

                          Captain of the Port Puget Sound AOR Annual Firework Displays
----------------------------------------------------------------------------------------------------------------
         Event name (typically)                    Event location                Latitude          Longitude
----------------------------------------------------------------------------------------------------------------
Steilacoom Annual Fireworks.............  Steilacoom......................    47[deg] 10.4' N   122[deg] 36.2' W
Tacoma Freedom Fair.....................  Commencement Bay................  47[deg] 16.817' N   122[deg] 27.933'
                                                                                                               W
City of Anacortes Fireworks.............  Fidalgo Bay.....................    47[deg] 17.1' N   122[deg] 28.4' W
Alderbrook Resort & Spa Fireworks.......  Hood Canal......................  47[deg] 21.033' N   123[deg] 04.1' W
Fireworks Display.......................  Henderson Bay...................    47[deg] 21.8' N   122[deg] 38.367'
                                                                                                               W
Des Moines Fireworks....................  Des Moines......................  47[deg] 24.117' N   122[deg] 20.033'
                                                                                                               W
Three Tree Point Community Fireworks....  Three Tree Point................  47[deg] 27.033' N  122[deg] 23.15' W
City of Renton Fireworks................  Renton, Lake Washington.........  47[deg] 29.986' N  122[deg] 11.85' W
Port Orchard Fireworks..................  Port Orchard....................  47[deg] 32.883' N   122[deg] 37.917'
                                                                                                               W
Chimes and Lights.......................  Port Orchard....................   47[deg] 32.75' N   122[deg] 38.033'
                                                                                                               W
Seattle Seafair.........................  Lake Washington.................  47[deg] 34.333' N   122[deg] 16.017'
                                                                                                               W
Mercer Island Celebration...............  Mercer Island...................  47[deg] 35.517' N   122[deg] 13.233'
                                                                                                               W
Medina Days.............................  Medina Park.....................  47[deg] 36.867' N   122[deg] 14.5' W
Bainbridge Island Fireworks.............  Eagle Harbor....................  47[deg] 37.267' N   122[deg] 31.583'
                                                                                                               W
Whaling Days............................  Dyes Inlet......................   47[deg] 38.65' N  122[deg] 41.35' W
Yarrow Point Community..................  Yarrow Point....................  47[deg] 38.727' N   122[deg] 13.466'
                                                                                                               W
City of Kenmore Fireworks...............  Lake Forest Park................    47[deg] 39.0' N  122[deg] 13.55' W
Kirkland Concours D'Elegence............  Kirkland........................  47[deg] 39.521' N   122[deg] 12.439'
                                                                                                               W
Kirkland Fireworks......................  Kirkland........................  47[deg] 40.583' N  122[deg] 12.84' W
Liberty Bay Fireworks...................  Liberty Bay.....................  47[deg] 43.917' N   122[deg] 39.133'
                                                                                                               W
Sheridan Beach Community................  Lake Forest Park................  47[deg] 44.783' N   122[deg] 16.917'
                                                                                                               W
Langlie's Old Fashioned Independence      Indianola.......................  47[deg] 44.817' N   122[deg] 31.533'
 Celebration.                                                                                                  W
Lake Forest Park Fireworks..............  Lake Forest Park................  47[deg] 45.117' N   122[deg] 16.367'
                                                                                                               W
Vashon Island Fireworks.................  Quartermaster Harbor............   47[deg] 45.25' N  122[deg] 15.75' W
Kingston Fireworks......................  Appletree Cove..................   47[deg] 47.65' N   122[deg] 29.917'
                                                                                                               W
Mukilteo Lighthouse Festival............  Possession Sound................    47[deg] 56.9' N   122[deg] 18.6' W
Brewster Fire Department Fireworks......  Brewster........................  48[deg] 06.367' N  119[deg] 47.15' W
Port Angeles............................  Port Angeles Harbor.............  48[deg] 07.033' N   123[deg] 24.967'
                                                                                                               W
Port Townsend Sunrise Rotary............  Port Townsend...................  48[deg] 08.067' N   122[deg] 46.467'
                                                                                                               W
Friday Harbor Independence..............  Friday Harbor...................    48[deg] 32.6' N   122[deg] 00.467'
                                                                                                               W
Roche Harbor Fireworks..................  Roche Harbor....................    48[deg] 36.7' N   123[deg] 09.5' W
Deer Harbor Annual Fireworks Display....  Deer Harbor.....................    48[deg] 37.0' N    123[deg] 00.25'
                                                                                                              W.
Orcas Island............................  Orcas Island....................  48[deg] 41.317' N   122[deg] 54.467'
                                                                                                               W
Blast Over Bellingham...................  Bellingham Bay..................  48[deg] 44.933' N   122[deg] 29.667'
                                                                                                               W
True Colors Event.......................  Blaine..........................  48[deg] 59.488' N   122[deg] 46.339'
                                                                                                               W
John Eddy Wedding.......................  Magnolia Bluff..................  49[deg] 38.988' N   122[deg] 25.356'
                                                                                                               W
City of Mount Vernon Fireworks..........  Edgewater Park..................  48[deg] 25.178' N   122[deg] 20.424'
                                                                                                               W
Chase Family Fourth at Lake Union.......  Lake Union......................  47[deg] 38.418' N   122[deg] 20.111'
                                                                                                               W
----------------------------------------------------------------------------------------------------------------

    (2) [RESERVED]
    (b) Special Requirements. Firework barges or launch sites on land 
used in locations stated in this rule shall display a sign. The sign 
will be affixed to the port and starboard side of the barge or mounted 
on a post 3 feet above ground level when on land and in close proximity 
to the shoreline facing the water labeled ``FIREWORKS-DANGER-STAY 
AWAY.'' This will provide on-scene notice that the safety zone is, or 
will, be enforced on that day. This notice will consist of a diamond 
shaped sign, 4 foot by 4 foot, with a 3 inch

[[Page 33701]]

orange retro-reflective border. The word ``DANGER' shall be 10 inch 
black block letters centered on the sign with the words ``FIREWORKS'' 
and ``STAY AWAY'' in 6 inch black block letters placed above and below 
the word ``DANGER'' respectively on a white background. An on-scene 
patrol vessel will enforce these safety zones 30 minutes prior to the 
start and 30 minutes after the conclusion of the fireworks display.
    (c) Notice of Enforcement. These safety zones will be activated and 
thus subject to enforcement, under the following conditions: the Coast 
Guard must receive and approve a marine event permit for each firework 
display and then the Captain of the Port will cause notice of the 
enforcement of these safety zones to be made by all appropriate means 
to provide notice to the affected segments of the public as 
practicable, in accordance with 33 CFR 165.7(a). The Captain of the 
Port will issue a Broadcast Notice to Mariners and Local Notice to 
Mariners notifying the public of activation and suspension of 
enforcement of these safety zones. Additionally, an on-scene Patrol 
Commander will ensure enforcement of this safety zone by limiting the 
transit of non-participating vessels in the designated areas described 
above.
    (d) Regulations. In accordance with the general regulations in 33 
CFR part 165, subpart C, no vessel operator may enter, transit, moor, 
or anchor within this safety zone, except for vessels authorized by the 
Captain of the Port or Designated Representative.
    (e) Authorization. All vessel operators who desire to enter the 
safety zone must obtain permission from the Captain of the Port or 
Designated Representative by contacting either the on-scene patrol 
craft on VHF Ch 13 or Ch 16 or the Coast Guard Sector Seattle Joint 
Harbor Operations Center (JHOC) via telephone at (206) 217-6002.
    (f) Enforcement Period. This rule will be enforced from 5 p.m. 
until 1 a.m. each day a barge with a ``FIREWORKS-DANGER-STAY AWAY'' 
sign is located within any of the above designated safety zone 
locations and meets the criteria established in section (b), within the 
following timeframes:
    (1) The last two weeks of December until the conclusion of the 
first weekend of January.
    (2) The last weekend of June until the conclusion of the third week 
of July.
    (3) The second weekend of August until the conclusion of the fourth 
week of August.
    (4) The first weekend of September until the conclusion of the 
third week of September.
    (5) The first weekend of December.
    (g) Contact Information. Questions about safety zones and related 
events should be addressed to COMMANDER (spw), U.S. COAST GUARD SECTOR, 
Attention: Waterways Management Division, 1519 Alaskan Way South, 
Seattle, WA 98134-1192.

    Dated: May 27, 2010.
S.W. Bornemann,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2010-14296 Filed 6-14-10; 8:45 am]
BILLING CODE 9110-04-P

