
[Federal Register Volume 75, Number 127 (Friday, July 2, 2010)]
[Rules and Regulations]
[Pages 38415-38417]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16118]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0591]
RIN 1625-AA00


Safety Zones; Multiple Firework Displays in Captain of the Port, 
Puget Sound Area of Responsibility, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing multiple temporary safety 
zones restricting vessel movement in the proximity of firework 
discharge sites being held in the Captain of the Port, Puget Sound area 
of responsibility (AOR). This action is necessary to help protect the 
maritime public from the inherent dangers associated with fireworks 
displays and will do so by prohibiting entry into, transit through, or 
mooring within the safety zones unless authorized by the Captain of the 
Port or Designated Representative.

DATES: This rule is effective from 5 p.m. on July 3, 2010 until 1 a.m. 
on August 7, 2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0591 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0591 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 LTJG Wanzer, Coast Guard Sector Seattle, 
Waterways Management Division; 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 needed to protect persons 
and vessels against the hazards associated with fireworks displays on 
navigable waters. Such 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 from the area for a short 
time 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. Due to the need for immediate 
action, the restriction of vessel traffic is necessary to protect life, 
property and the environment; therefore, a 30-day notice is 
impracticable. Delaying the effective date would be contrary to the 
safety zone's intended objectives of protecting persons and vessels 
involved in the event, and enhancing public and maritime safety.

Basis and Purpose

    The U.S. Coast Guard is proposing to establish three temporary 
safety zones to ensure public safety during firework shows occurring 
within the Captain of the Port, Puget Sound AOR. These events may 
result in a number of vessels congregating near fireworks launching 
barges and sites. These safety zones are necessary to protect 
watercraft and their occupants from the hazards associated with 
fireworks displays. The Captain of the Port, Puget Sound may be 
assisted by other Federal, State and local agencies in the enforcement 
of this safety zone.
    Due to the inherent dangers associated with such displays, the 
Coast Guard is taking this action to help protect the maritime public 
by prohibiting entry into, transit through, or mooring within the 
safety zones unless authorized by the Captain of the Port or his 
Designated Representative. This temporary final rule is necessary to 
protect the safety of life and property on navigable waters during 
these firework events and provide the marine community information on 
safety zone locations, size and length of time the zones will be 
active.

Discussion of Rule

    This rule establishes three safety zones for the following firework 
displays: The first will encompass waters of Boston Harbor within a 200 
yard radius around position 47[deg]08.5' N, 122[deg]54.2' W and will be 
enforced from 5 p.m. on July 3, 2010 until 1 a.m. on July 4, 2010; the 
second will encompass waters of Boston Harbor within a 200 yard radius 
around position 47[deg]08.5' N, 122[deg]54.2' W and will be enforced 
from 5 p.m. on July 24, 2010 until 1 a.m. on July 25, 2010; and the 
third will encompass waters near Stuart Island within a 700 yard radius 
around position 48[deg]37.5' N, 121[deg]12.0' W and will be enforced 
from 5 p.m. on August 6, 2010 until 1 a.m. on August 7, 2010.

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. Although this rule will restrict access 
to the area, the effect of the rule will not be significant because it 
creates safety zones that are minimal in size and short in duration.

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

[[Page 38416]]

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 through the affected waterways during the times of enforcement. 
This rule will not have a significant economic impact on a substantial 
number of small entities because it creates safety zones that are 
minimal in size and short in duration.

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 (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.

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 temporary 
safety zones. An environmental analysis checklist and a categorical 
exclusion determination will be available in the docket 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. 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.T13-148 to read as follows:

[[Page 38417]]

Sec.  165.T13-148  Safety Zones; Multiple Firework Displays in Captain 
of the Port, Puget Sound Area of Responsibility, WA

    (a) Safety Zones. The following areas are designated as safety 
zones:
    (1) All waters of Boston Harbor encompassed within a 200 yard 
radius around position 47[deg] 08.5'N, 122[deg] 54.2' W from 5 p.m. on 
July 3, 2010 until 1 a.m. on July 4, 2010.
    (2) All waters of Boston Harbor encompassed within a 200 yard 
radius around position 47[deg] 08.5' N, 122[deg] 54.2' W from 5 p.m. on 
July 24, 2010 until 1 a.m. on July 25, 2010.
    (3) All waters near Stuart Island encompassed within a 700 yard 
radius around position 48[deg] 37.5' N, 121[deg] 12.0' W from 5 p.m. on 
August 6, 2010 until 1 a.m. on August 7, 2010.
    (b) Regulations. In accordance with the general regulations in 
Sec.  165.23 of this Part, no person or vessel may enter, transit, 
moor, or anchor within the safety zones created in this section unless 
authorized by the Captain of the Port or his Designated Representative.
    (c) Authorization. All persons or vessels who desire to enter the 
safety zones created in this section must obtain permission from the 
Captain of the Port or his 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.
    (d) Effective Period. The safety zones created in this section are 
effective on the dates and times noted in paragraph (a) unless canceled 
sooner by the Captain of the Port.

    Dated: June 22, 2010.
S. W. Bornemann,
Captain, U. S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2010-16118 Filed 7-1-10; 8:45 am]
BILLING CODE 9110-04-P


