
[Federal Register Volume 76, Number 110 (Wednesday, June 8, 2011)]
[Rules and Regulations]
[Pages 33155-33157]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14139]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0450]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing safety zones in Holmes Harbor, 
Boston Harbor, Port Gardner, Shilshole Bay, Port Ludlow, and Spieden 
Island for various summer fireworks displays. The safety zones are 
necessary to help ensure the safety of the maritime public during the 
displays and will do so by prohibiting all persons and vessels from 
entering the safety zones unless authorized by the Captain of the Port 
or his designated representative.

DATES: This rule is effective from 5 p.m. on July 3, 2011 through 1 
a.m. on August 13, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0450 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-0450 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 Anthony P. LaBoy, Coast Guard Sector 
Puget Sound, Waterways Management Division; telephone 206-217-6323, e-
mail SectorPugetSoundWWM@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

[[Page 33156]]

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 5 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 waiting for a notice and comment 
period to run would be impracticable and contrary to the public 
interest in that it would inhibit the Coast Guard's ability to protect 
the public from the hazards associated with fireworks displays on 
navigable waters.
    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. For the same reasons discussed in 
the preceding paragraph, a 30 day notice period would be impractical 
and contrary to the public interest.

Background and Purpose

    Fireworks displays create hazardous conditions for the maritime 
public because of the large number of vessels that congregate near the 
displays as well as the noise, falling debris, and explosions that 
occur during the event. The establishment of a safety zone around 
displays helps to ensure the safety of the maritime public by 
prohibiting all persons and vessels from coming too close to the 
fireworks display and the associated hazards.

Discussion of Rule

    This rule establishes six safety zones for the following firework 
displays: Freeland 3rd of July on July 3, 2011 in Holmes Harbor near 
Freeland, WA; Boston Harbor Fireworks on July 3, 2011 in Boston Harbor 
near Olympia, WA; Everett 4th of July Foundation on July 4, 2011 in 
Port Gardner near Everett, WA; Tenold-Jordan Wedding on July 23, 2011 
in Shilshole Bay, Seattle, WA; Port Ludlow Celebration on July 30, 2011 
in Port Ludlow Bay, WA; and the Barghausen's Annual Firework display on 
August 12, 2011 east of Green Point, Spieden Island, WA. All persons 
and vessels will be prohibited from entering the safety zones during 
the dates and times they are effective unless authorized by the Captain 
of the Port or his designated representative.

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 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 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 established safety zones during the times of 
enforcement. This rule will not have a significant economic impact on a 
substantial number of small entities because the temporary safety zones 
are minimal in size and short in duration, and maritime traffic may be 
permitted to transit them with permission from the Captain of the Port 
or his designated representative.

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

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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 safety zones. 
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 
recordkeeping requirements, Security measures, Waterways.

    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. 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.T13-184 to read as follows:


Sec.  165.T13-184  Safety Zones; Multiple Firework Displays in Captain 
of the Port, Puget Sound Area of Responsibility

    (a) Location. The following areas are designated as safety zones:
    1. Freeland Third of July, Holmes Harbor, Freeland, WA: All waters 
of Holmes Harbor encompassed within a 300 yard radius around position 
48[deg] 1.18' N, 122[deg] 31.88'W.
    2. Boston Harbor Fireworks, Boston Harbor, Olympia, WA: All waters 
of Boston Harbor encompassed within a 200 yard radius around position 
47[deg] 08.5' N, 122[deg] 54.2' W.
    3. Everett Fourth of July Foundation, Port Gardner, Everett, WA: 
All waters of Port Gardner encompassed within a 300 yard radius around 
position 48[deg] 00.672' N, 122[deg] 13.391' W.
    4. Tenold-Jordan Wedding, Shilshole Bay, Seattle, WA: All waters of 
Shilshole Bay encompassed within a 150 yard radius around position 
47[deg] 40.489' N, 122[deg] 24.795' W.
    5. Port Ludlow Celebration, Port Ludlow, WA: All waters of Port 
Ludlow encompassed within a 150 yard radius around position 47[deg] 
55.161' N, 122[deg] 41.157' W.
    6. Barghausen's Annual Firework Display, Green Point, Spieden 
Island, WA: All waters east of Spieden Island encompassed within a 350 
yard radius around position 48[deg] 37.939' N, 123[deg] 05.99' W.
    (b) Regulations. In accordance with the general regulations in 33 
CFR part 165, Subpart C, no person or vessel may enter or remain in the 
safety zone created by this section without the permission of the 
Captain of the Port or his designated representative. Designated 
representatives are Coast Guard Personnel authorized by the Captain of 
the Port to grant persons or vessels permission to enter or remain in 
the safety zone created by this section. See 33 CFR part 165, Subpart 
C, for additional information and requirements.
    (c) Enforcement Period. The safety zones created by this section 
will be in effect as follows:
    1. Freeland Third of July, Holmes Harbor, Freeland, WA: 5 p.m. on 
July 3, 2011 until 1 a.m. on July 4, 2011.
    2. Boston Harbor Fireworks, Boston Harbor, Olympia, WA: 5 p.m. on 
July 3, 2011 until 1 a.m. on July 4, 2011.
    3. Everett Fourth of July Foundation, Port Gardner, Everett, WA: 5 
p.m. July 4, 2011 until 1 a.m. on July 5, 2011.
    4. Tenold-Jordan Wedding, Shilshole Bay, Seattle, WA: 5 p.m. on 
July 23, 2011 until 1 a.m. on July 24, 2011.
    5. Port Ludlow Celebration, Port Ludlow, WA: 5 p.m. on July 30, 
2011 until 1 a.m. on July 31, 2011.
    6. Barghausen's Annual Firework Display, Green Point, Spieden 
Island, WA: 5 p.m. on August 12, 2011 until 1 a.m. on August 13, 2011.

    Dated: May 20, 2011.
S. J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2011-14139 Filed 6-7-11; 8:45 am]
BILLING CODE 9110-04-P


