Safety Zones: Fireworks Displays in the Captain of the Port Puget Sound Zone, 34870-34872 [E8-13835]
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34870
Federal Register / Vol. 73, No. 119 / Thursday, June 19, 2008 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2008–0475]
RIN 1625–AA00
Safety Zones: Fireworks Displays in
the Captain of the Port Puget Sound
Zone
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The U.S. Coast Guard is
establishing safety zones on the waters
of the Puget Sound located in the
Captain of the Port Puget Sound Zone
during fireworks displays. This action is
necessary to provide for the safety of life
during these displays. Entry into, transit
through, mooring, or anchoring within
these zones is prohibited unless
authorized by the Captain of the Port,
Puget Sound or his designated
representatives.
This regulation is effective from
June 7, 2008 through July 6, 2008.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2008–
0475 and are available online at
http://www.regulations.gov. They are
also available for inspection or copying
at two locations: 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, and the
Waterways Management Division, Coast
Guard Sector Seattle, 1519 Alaskan Way
South, Seattle, WA 98134, between 8
a.m. and 4 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call Petty Officer Stephen Knappe,
U.S. Coast Guard Sector Seattle,
Waterways Management Division, 206–
217–6051. If you have questions on
viewing the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
DATES:
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Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists
for not publishing an NPRM. Publishing
an NPRM would be contrary to public
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interest since immediate action is
necessary to ensure the safety of vessels
and spectators gathering in the vicinity
of the various fireworks launching
barges and displays. If normal notice
and comment procedures were
followed, this rule would not become
effective until after the dates of the
events.
Under 5 U.S.C. 553(d)(3), the U.S.
Coast Guard finds that good cause exists
for making this rule effective less than
30 days after publication in the Federal
Register. Making this rule effective less
than 30 days after publication in the
Federal Register is necessary to ensure
safety of the vessels and spectators
gathering in the vicinity of the various
fireworks launching barges and displays
on the dates and times this rule will be
in effect.
Background and Purpose
The U.S. Coast Guard is establishing
temporary safety zones to allow for safe
fireworks displays. All events occur
within the Captain of the Port, Puget
Sound, WA, Area of Responsibility
(AOR). These events may result in a
number of vessels congregating near
fireworks launching barges and sites.
The safety zones are 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
these safety zones.
Discussion of Rule
This rule will control the movement
of all vessels and persons in a regulated
area surrounding the fireworks events
indicated in this Temporary Final Rule.
The safety zones do not extend on land.
The U.S. Coast Guard through this
action intends to promote the safety of
personnel, fireworks launching barges
and sites. Entry into these zones by all
vessels or persons will be prohibited
unless authorized by the Captain of the
Port. The Captain of the Port may be
assisted by other federal, state, or local
agencies as needed.
Regulatory Evaluation
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
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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 U.S. 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. These safety zones 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 2.5 hours when vessel traffic
volume is low. Traffic will be allowed
to pass through these zones with the
permission of the Captain of the Port or
his designated representatives, 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 want to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process. If
the rule will affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section. 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).
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).
E:\FR\FM\19JNR1.SGM
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Federal Register / Vol. 73, No. 119 / Thursday, June 19, 2008 / Rules and Regulations
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.
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
Commandant Instruction M16475.lD
and Department of Homeland Security
Management Directive 5100.1, 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 that there
are no factors in this case that would
limit the use of a categorical exclusion
under section 2.B.2 of the Instruction.
Therefore, this temporary rule is
categorically excluded, under figure 2–
1, paragraph (34)(g), of the Instruction,
from further environmental
documentation because it establishes a
safety zone. A final ‘‘Environmental
Check List’’ and a final ‘‘Categorical
Exclusion Determination’’ will be
available in the docket where indicated
under ADDRESSES.
jlentini on PROD1PC65 with RULES
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.
List of Subjects in 33 CFR Part 165
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
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34871
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165, as follows:
I
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapters 701; 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.
2. A temporary section USCG–2008–
0475 is added to read as follows:
I
§ 165.T13–034 Safety Zones: Fireworks
displays in the Captain of the Port, Puget
Sound.
(a) Safety Zones. The following areas
are designated safety zones:
(1) Bay Liner Reunion, Roche Harbor,
WA
(i) Location. All water of Roche
Harbor extending out to a 400′ radius
from the launch site at 48°36′40″ N
123°09′34″ W.
(ii) Effective time and date. 9 p.m. to
11:30 p.m. on June 7, 2008.
(2) Poulsbo 3rd of July Fireworks
Display, Liberty Bay, WA
(i) Location. All water of Liberty Bay
extending out to a 500′ radius from the
launch site at 47°44′56″ N 122°39′11″ W.
(ii) Effective time and date. 9 p.m. to
11:30 p.m. on July 3, 2008.
(3) Deer Harbor Annual Fireworks
Display, Deer Harbor, WA
(i) Location. All water of Deer Harbor
extending out to a 500′ radius from the
launch site at 48°37′10″ N 123°00′15″ W.
(ii) Effective time and date. 9 p.m. to
11:30 p.m. on July 3, 2008.
(4) Boston Harbor Fireworks Display,
Boston Harbor, WA
(i) Location. All water of Dana Passage
extending out to a 300′ radius from the
launch site at 47°08′31″ N 122°54′20″ W.
(ii) Effective time and date. 9 p.m. to
11:30 p.m. on July 3, 2008.
(5) Friday Harbor Independence,
Friday Harbor, WA
(i) Location. All water of Friday
Harbor extending out to a 700′ radius
from the launch site at 48°32′36″ N
123°00′28″ W.
(ii) Effective time and date. 9 p.m. to
11:30 p.m. on July 4, 2008.
(6) Steilacoom Annual 4th of July
Fireworks, Steilacoom, WA
(i) Location. All water of Steilacoom
Bay extending out to a 1,300′ radius
from the launch site at 47°10′24″ N
122°36′12″ W.
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Federal Register / Vol. 73, No. 119 / Thursday, June 19, 2008 / Rules and Regulations
(ii) Effective time and date. 8 p.m. to
10:30 p.m. on July 4, 2008.
(ii) Effective time and date. 8:30 p.m.
to 11 p.m. on July 4, 2008.
(7) Port Orchard 4th of July Fireworks,
Port Orchard, WA
(15) Sheridan Beach Community Club,
Lake Forest, WA
(i) Location. All water of Lake
Washington extending out to a 300′
radius from the launch site at 47°44′47″
N 122°16′55″ W.
(ii) Effective time and date. 8:30 p.m.
to 11 p.m. on July 4, 2008.
(i) Location. All water of Port Orchard
extending out to a 1,000′ radius from the
launch site at 47°32′53″ N 122°37′55″ W.
(ii) Effective time and date. 9 p.m. to
11:30 p.m. on July 4, 2008.
(8) Yarrow Point Community 4th,
Yarrow Point, WA
(i) Location. All water of Lake
Washington extending out to a 400′
radius from the launch site at 47°39′45″
N 122°13′30″ W.
(ii) Effective time and date. 9 p.m. to
11:30 p.m. on July 4, 2008.
(9) Port Angeles Chamber of Commerce,
Port Angeles Bay, WA
(i) Location. All water of Port Angeles
Bay extending out to a 400′ radius from
the launch site at 48°07′02″ N
123°24′58″ W.
(ii) Effective time and date. 9 p.m. to
11:30 p.m. on July 4, 2008.
(10) Lake Forest Park 4th of July,
Bothell, WA
(i) Location. All water of Lake
Washington extending out to a 400′
radius from the launch site at 47°45′07″
N 122°16′22″ W.
(ii) Effective time and date. 9 p.m. to
11:30 p.m. on July 4, 2008.
(11) Three Tree Point Community,
Three Tree Point, WA
(i) Location. All water of Puget Sound
extending out to a 500′ radius from the
launch site at 47°27′01″ N 122°23′09″ W.
(ii) Effective time and date. 9 p.m. to
11:30 p.m. on July 4, 2008.
(12) City of Renton, Renton, WA
(i) Location. All water of Lake
Washington extending out to a 400′
radius from the launch site at 47°29′59″
N 122°11′51″ W.
(ii) Effective time and date. 9 p.m. to
11:30 p.m. on July 4, 2008.
(13) Port Townsend Sunrise Rotary,
Port Townsend, WA
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(i) Location. All water of Port
Townsend extending out to a 500′
radius from the launch site at 47°44′56″
N 122°39′11″ W.
(ii) Effective time and date. 9 p.m. to
11:30 p.m. on July 4, 2008.
(14) Vashon Island 4th of July,
Quartermaster Harbor, WA
(i) Location. All water of
Quartermaster Harbor extending out to a
1,300′ radius from the launch site at
47°24′00″ N 122°27′00″ W.
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(16) City of Kenmore 4th of July,
Kenmore, WA
(i) Location. All water of Lake
Washington extending out to a 400′
radius from the launch site at 47°45′43″
N 122°15′50″ W.
(ii) Effective time and date. 8:30 p.m.
to 11 p.m. on July 4, 2008.
(17) Fireworks Display, Henderson Bay,
WA
(i) Location. All water of Henderson
Bay extending out to a 700′ radius from
the launch site at 47°21′48″ N
122°38′22″ W.
(ii) Effective time and date. 9 p.m. to
11:30 p.m. on July 4, 2008.
(18) Kingston Fireworks Display,
Kingston, WA
(i) Location. All water of Appletree
Cove extending out to a 400′ radius from
the launch site at 47°47′33″ N
122°29′55″ W.
(ii) Effective time and date. 9 p.m. to
11:30 p.m. on July 4, 2008.
(19) Des Moines 4th of July, Des Moines,
WA
(i) Location. All water of East Passage
extending out to a 500′ radius from the
launch site at 47°24′10″ N 122°20′05″ W.
(ii) Effective time and date. 9 p.m. to
11:30 p.m. on July 4, 2008.
(20) Kirkland 4th of July, Kirkland, WA
(i) Location. All water of Lake
Washington extending out to a 700′
radius from the launch site at 47°40′26″
N 122°12′56″ W.
(ii) Effective time and date. 9 p.m. to
11:30 p.m. on July 4, 2008.
(21) 4th of July Display, Port Ludlow,
WA
(i) Location. All water of Port Ludlow
extending out to a 500′ radius from the
launch site at 47°55′14″ N 122°41′11″ W.
(ii) Effective time and date. 8:30 p.m.
to 11 p.m. on July 4, 2008.
(22) Grapeview Patriotic Event,
Grapeview, WA
(i) Location. All water of Case Inlet
extending out to a 800′ radius from the
launch site at 47°19′17″ N 122°50′08″ W.
(ii) Effective time and date. 8:30 p.m.
to 11 p.m. on July 4, 2008.
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(23) 4th of July, Roche Harbor, WA
(i) Location. All water of Roche
Harbor extending out to a 400′ radius
from the launch site at 48°36′40″ N
123°09′34″ W.
(ii) Effective time and date. 9 p.m. to
11:30 p.m. on July 4, 2008.
(24) Orcas Island Fireworks Display,
Orcas, WA
(i) Location. All water of East Sound
extending out to a 700′ radius from the
launch site at 48°41′20″ N 122°54′28″ W.
(ii) Effective time and date. 9 p.m. to
11:30 p.m. on July 4, 2008.
(25) Langlies Old Fashioned
Independence, Indianola, WA
(i) Location. All water of Admiral
Inlet extending out to a 500′ radius from
the launch site at 47°44′49″ N
122°31′32″ W.
(ii) Effective time and date. 8:30 p.m.
to 11 p.m. on July 5, 2008.
(26) Olele Point Patriotic Celebration,
Port Ludlow, WA
(i) Location. All water of Admiral
Inlet extending out to a 800′ radius from
the launch site at 47°58′22″ N
122°41′18″ W.
(ii) Effective time and date. 7 p.m. to
9:30 p.m. on July 5, 2008.
(b) Regulations. In accordance with
the general regulations in 33 CFR Part
165, Subpart C, no vessel may enter,
transit, moor, or anchor within these
safety zones, except for vessels
authorized by the Captain of the Port or
his designated representatives.
(c) Enforcement Period. This rule is
effective from 8 a.m. on June 7, 2008
until 8 a.m. on July 6, 2008 unless
cancelled sooner by the Captain of the
Port.
Dated: June 5, 2008.
Stephen P. Metruck,
Captain, U.S. Coast Guard, Captain of the
Port, Puget Sound.
[FR Doc. E8–13835 Filed 6–18–08; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2008–0487]
RIN 1625–AA00
Temporary Safety Zone: Arlington
Chamber of Commerce Fireworks
Display, Arlington, OR
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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Agencies
[Federal Register Volume 73, Number 119 (Thursday, June 19, 2008)]
[Rules and Regulations]
[Pages 34870-34872]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13835]
[[Page 34870]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0475]
RIN 1625-AA00
Safety Zones: Fireworks Displays in the Captain of the Port Puget
Sound Zone
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Coast Guard is establishing safety zones on the
waters of the Puget Sound located in the Captain of the Port Puget
Sound Zone during fireworks displays. This action is necessary to
provide for the safety of life during these displays. Entry into,
transit through, mooring, or anchoring within these zones is prohibited
unless authorized by the Captain of the Port, Puget Sound or his
designated representatives.
DATES: This regulation is effective from June 7, 2008 through July 6,
2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0475 and are available online
at http://www.regulations.gov. They are also available for inspection
or copying at two locations: 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, and
the Waterways Management Division, Coast Guard Sector Seattle, 1519
Alaskan Way South, Seattle, WA 98134, between 8 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call Petty Officer Stephen Knappe, U.S. Coast Guard
Sector Seattle, Waterways Management Division, 206-217-6051. If you
have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. Publishing an NPRM would be
contrary to public interest since immediate action is necessary to
ensure the safety of vessels and spectators gathering in the vicinity
of the various fireworks launching barges and displays. If normal
notice and comment procedures were followed, this rule would not become
effective until after the dates of the events.
Under 5 U.S.C. 553(d)(3), the U.S. Coast Guard finds that good
cause exists for making this rule effective less than 30 days after
publication in the Federal Register. Making this rule effective less
than 30 days after publication in the Federal Register is necessary to
ensure safety of the vessels and spectators gathering in the vicinity
of the various fireworks launching barges and displays on the dates and
times this rule will be in effect.
Background and Purpose
The U.S. Coast Guard is establishing temporary safety zones to
allow for safe fireworks displays. All events occur within the Captain
of the Port, Puget Sound, WA, Area of Responsibility (AOR). These
events may result in a number of vessels congregating near fireworks
launching barges and sites. The safety zones are 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 these safety
zones.
Discussion of Rule
This rule will control the movement of all vessels and persons in a
regulated area surrounding the fireworks events indicated in this
Temporary Final Rule. The safety zones do not extend on land.
The U.S. Coast Guard through this action intends to promote the
safety of personnel, fireworks launching barges and sites. Entry into
these zones by all vessels or persons will be prohibited unless
authorized by the Captain of the Port. The Captain of the Port may be
assisted by other federal, state, or local agencies as needed.
Regulatory Evaluation
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 U.S. 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. These safety zones 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 2.5 hours when
vessel traffic volume is low. Traffic will be allowed to pass through
these zones with the permission of the Captain of the Port or his
designated representatives, 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 want to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process. If the rule
will affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed in the FOR
FURTHER INFORMATION CONTACT section. 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).
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).
[[Page 34871]]
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 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 Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, 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
that there are no factors in this case that would limit the use of a
categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this temporary rule is categorically excluded, under figure
2-1, paragraph (34)(g), of the Instruction, from further environmental
documentation because it establishes a safety zone. A final
``Environmental Check List'' and a final ``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, and 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; 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. A temporary section USCG-2008-0475 is added to read as follows:
Sec. 165.T13-034 Safety Zones: Fireworks displays in the Captain of
the Port, Puget Sound.
(a) Safety Zones. The following areas are designated safety zones:
(1) Bay Liner Reunion, Roche Harbor, WA
(i) Location. All water of Roche Harbor extending out to a 400'
radius from the launch site at 48[deg]36'40'' N 123[deg]09'34'' W.
(ii) Effective time and date. 9 p.m. to 11:30 p.m. on June 7, 2008.
(2) Poulsbo 3rd of July Fireworks Display, Liberty Bay, WA
(i) Location. All water of Liberty Bay extending out to a 500'
radius from the launch site at 47[deg]44'56'' N 122[deg]39'11'' W.
(ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 3, 2008.
(3) Deer Harbor Annual Fireworks Display, Deer Harbor, WA
(i) Location. All water of Deer Harbor extending out to a 500'
radius from the launch site at 48[deg]37'10'' N 123[deg]00'15'' W.
(ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 3, 2008.
(4) Boston Harbor Fireworks Display, Boston Harbor, WA
(i) Location. All water of Dana Passage extending out to a 300'
radius from the launch site at 47[deg]08'31'' N 122[deg]54'20'' W.
(ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 3, 2008.
(5) Friday Harbor Independence, Friday Harbor, WA
(i) Location. All water of Friday Harbor extending out to a 700'
radius from the launch site at 48[deg]32'36'' N 123[deg]00'28'' W.
(ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 4, 2008.
(6) Steilacoom Annual 4th of July Fireworks, Steilacoom, WA
(i) Location. All water of Steilacoom Bay extending out to a 1,300'
radius from the launch site at 47[deg]10'24'' N 122[deg]36'12'' W.
[[Page 34872]]
(ii) Effective time and date. 8 p.m. to 10:30 p.m. on July 4, 2008.
(7) Port Orchard 4th of July Fireworks, Port Orchard, WA
(i) Location. All water of Port Orchard extending out to a 1,000'
radius from the launch site at 47[deg]32'53'' N 122[deg]37'55'' W.
(ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 4, 2008.
(8) Yarrow Point Community 4th, Yarrow Point, WA
(i) Location. All water of Lake Washington extending out to a 400'
radius from the launch site at 47[deg]39'45'' N 122[deg]13'30'' W.
(ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 4, 2008.
(9) Port Angeles Chamber of Commerce, Port Angeles Bay, WA
(i) Location. All water of Port Angeles Bay extending out to a 400'
radius from the launch site at 48[deg]07'02'' N 123[deg]24'58'' W.
(ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 4, 2008.
(10) Lake Forest Park 4th of July, Bothell, WA
(i) Location. All water of Lake Washington extending out to a 400'
radius from the launch site at 47[deg]45'07'' N 122[deg]16'22'' W.
(ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 4, 2008.
(11) Three Tree Point Community, Three Tree Point, WA
(i) Location. All water of Puget Sound extending out to a 500'
radius from the launch site at 47[deg]27'01'' N 122[deg]23'09'' W.
(ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 4, 2008.
(12) City of Renton, Renton, WA
(i) Location. All water of Lake Washington extending out to a 400'
radius from the launch site at 47[deg]29'59'' N 122[deg]11'51'' W.
(ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 4, 2008.
(13) Port Townsend Sunrise Rotary, Port Townsend, WA
(i) Location. All water of Port Townsend extending out to a 500'
radius from the launch site at 47[deg]44'56'' N 122[deg]39'11'' W.
(ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 4, 2008.
(14) Vashon Island 4th of July, Quartermaster Harbor, WA
(i) Location. All water of Quartermaster Harbor extending out to a
1,300' radius from the launch site at 47[deg]24'00'' N 122[deg]27'00''
W.
(ii) Effective time and date. 8:30 p.m. to 11 p.m. on July 4, 2008.
(15) Sheridan Beach Community Club, Lake Forest, WA
(i) Location. All water of Lake Washington extending out to a 300'
radius from the launch site at 47[deg]44'47'' N 122[deg]16'55'' W.
(ii) Effective time and date. 8:30 p.m. to 11 p.m. on July 4, 2008.
(16) City of Kenmore 4th of July, Kenmore, WA
(i) Location. All water of Lake Washington extending out to a 400'
radius from the launch site at 47[deg]45'43'' N 122[deg]15'50'' W.
(ii) Effective time and date. 8:30 p.m. to 11 p.m. on July 4, 2008.
(17) Fireworks Display, Henderson Bay, WA
(i) Location. All water of Henderson Bay extending out to a 700'
radius from the launch site at 47[deg]21'48'' N 122[deg]38'22'' W.
(ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 4, 2008.
(18) Kingston Fireworks Display, Kingston, WA
(i) Location. All water of Appletree Cove extending out to a 400'
radius from the launch site at 47[deg]47'33'' N 122[deg]29'55'' W.
(ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 4, 2008.
(19) Des Moines 4th of July, Des Moines, WA
(i) Location. All water of East Passage extending out to a 500'
radius from the launch site at 47[deg]24'10'' N 122[deg]20'05'' W.
(ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 4, 2008.
(20) Kirkland 4th of July, Kirkland, WA
(i) Location. All water of Lake Washington extending out to a 700'
radius from the launch site at 47[deg]40'26'' N 122[deg]12'56'' W.
(ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 4, 2008.
(21) 4th of July Display, Port Ludlow, WA
(i) Location. All water of Port Ludlow extending out to a 500'
radius from the launch site at 47[deg]55'14'' N 122[deg]41'11'' W.
(ii) Effective time and date. 8:30 p.m. to 11 p.m. on July 4, 2008.
(22) Grapeview Patriotic Event, Grapeview, WA
(i) Location. All water of Case Inlet extending out to a 800'
radius from the launch site at 47[deg]19'17'' N 122[deg]50'08'' W.
(ii) Effective time and date. 8:30 p.m. to 11 p.m. on July 4, 2008.
(23) 4th of July, Roche Harbor, WA
(i) Location. All water of Roche Harbor extending out to a 400'
radius from the launch site at 48[deg]36'40'' N 123[deg]09'34'' W.
(ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 4, 2008.
(24) Orcas Island Fireworks Display, Orcas, WA
(i) Location. All water of East Sound extending out to a 700'
radius from the launch site at 48[deg]41'20'' N 122[deg]54'28'' W.
(ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 4, 2008.
(25) Langlies Old Fashioned Independence, Indianola, WA
(i) Location. All water of Admiral Inlet extending out to a 500'
radius from the launch site at 47[deg]44'49'' N 122[deg]31'32'' W.
(ii) Effective time and date. 8:30 p.m. to 11 p.m. on July 5, 2008.
(26) Olele Point Patriotic Celebration, Port Ludlow, WA
(i) Location. All water of Admiral Inlet extending out to a 800'
radius from the launch site at 47[deg]58'22'' N 122[deg]41'18'' W.
(ii) Effective time and date. 7 p.m. to 9:30 p.m. on July 5, 2008.
(b) Regulations. In accordance with the general regulations in 33
CFR Part 165, Subpart C, no vessel may enter, transit, moor, or anchor
within these safety zones, except for vessels authorized by the Captain
of the Port or his designated representatives.
(c) Enforcement Period. This rule is effective from 8 a.m. on June
7, 2008 until 8 a.m. on July 6, 2008 unless cancelled sooner by the
Captain of the Port.
Dated: June 5, 2008.
Stephen P. Metruck,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. E8-13835 Filed 6-18-08; 8:45 am]
BILLING CODE 4910-15-P