Safety Zones; Annual Firework Displays Within the Captain of the Port, Puget Sound Area of Responsibility, 8566-8570 [2010-3812]

Download as PDF 8566 Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Proposed Rules significant environmental impact from this proposed rule. 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 proposes to amend 33 CFR part 165, as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 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, 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1 2. Add § 165.1330 to read as follows: sroberts on DSKD5P82C1PROD with PROPOSALS § 165.1330 Safety Zone; Fleet Week Maritime Festival, Pier 66, Elliott Bay, Seattle, WA. (a) Location. The following area is a safety zone: All waters extending 100 yards from Pier 66, Elliot Bay, WA within a box encompassed by the points, 47°36.70′ N & 122°21.07′ W, 47°36.68′ N & 122°21.13′ W, 47°36.53′ N & 122°20.86′ W, and 47°36.55′ N & 122°20.81′ W (NAD 1983). This safety zone does not extend on land. (b) Regulations. In accordance with the general regulations in 33 CFR Part 165, Subpart C, no vessel may enter, transit, moor, or anchor within this safety zone, except for vessels authorized by the Captain of the Port or Designated Representative. The Captain of the Port may be assisted by other federal, state, or local agencies as needed. (c) Authorization. In order to transit through this safety zone, authorization must be granted by the Captain of the Port Puget Sound or Designated Representative. All vessel operators desiring entry into this safety zone shall gain authorization by contacting either the on-scene U.S. Coast Guard patrol craft on VHF Ch 13 or Ch 16, or Coast Guard Sector Seattle Joint Harbor Operations Center (JHOC) via telephone at (206) 217–6452. Requests shall indicate the reason why movement within the safety zone is necessary, and the vessel’s arrival and/or departure facility name, pier and/or berth. Vessel operators granted permission to enter this safety zone will be escorted by the on-scene patrol until no longer within the safety zone. (d) Enforcement Period. This rule is effective during the day of the Fleet Week Maritime Festival occurring on VerDate Nov<24>2008 17:18 Feb 24, 2010 Jkt 220001 either the last weekend in July or the first weekend in August, and will be enforced from 8 a.m. until 8 p.m. unless cancelled sooner by the Captain of the Port. Dated: February 4, 2010. S.E. Englebert, Captain, U.S. Coast Guard, Captain of the Port, Puget Sound. [FR Doc. 2010–3834 Filed 2–24–10; 8:45 am] BILLING CODE 4910–15–P 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 Coast Guard, DHS. ACTION: Notice of proposed rulemaking. AGENCY: The Coast Guard proposes to establish multiple permanent safety zones to ensure public safety during annual firework displays at various locations the Captain of the Port, Puget Sound Area of Responsibility (AOR). When these safety zones are activated, and thus subject to enforcement, this rule would limit 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: Comments and related material must be received by the Coast Guard on or before May 26, 2010. Requests for public meetings must be received by the Coast Guard on or before March 29, 2010. SUMMARY: You may submit comments identified by docket number USCG– 2010–0063 using any one of the following methods: (1) Federal eRulemaking Portal: http://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey ADDRESSES: PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 Avenue, SE., Washington, DC 20590– 0001. (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202–366–9329. To avoid duplication, please use only one of these four methods. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary 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: Public Participation and Request for Comments We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted without change to http:// www.regulations.gov and will include any personal information you have provided. Submitting Comments If you submit a comment, please include the docket number for this rulemaking (USCG–2010–0063), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online (via http:// www.regulations.gov) or by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online via http:// www.regulations.gov, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an e-mail address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission. To submit your comment online, go to http://www.regulations.gov, click on the E:\FR\FM\25FEP1.SGM 25FEP1 Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Proposed Rules ‘‘submit a comment’’ box, which will then become highlighted in blue. In the ‘‘Document Type’’ drop down menu select ‘‘Proposed Rule’’ and insert ‘‘USCG–2010–0063’’ in the ‘‘Keyword’’ box. Click ‘‘Search’’ then click on the balloon shape in the ‘‘Actions’’ column. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change the rule based on your comments. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, click on the ‘‘read comments’’ box, which will then become highlighted in blue. In the ‘‘Keyword’’ box insert ‘‘USCG–2010– 0063’’ and click ‘‘Search.’’ Click the ‘‘Open Docket Folder’’ in the ‘‘Actions’’ column. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. We have an agreement with the Department of Transportation to use the Docket Management Facility. sroberts on DSKD5P82C1PROD with PROPOSALS Privacy Act Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316). Public Meeting We do not now plan to hold a public meeting. But you may submit a request for one on or before 30 days after publication in the Federal Register using one of the four methods specified under ADDRESSES. Please explain why you believe a public meeting would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register. For information on facilities or services for individuals with disabilities or to request special assistance at the VerDate Nov<24>2008 17:18 Feb 24, 2010 Jkt 220001 public meeting, contact Ensign Ashley M. Wanzer at the telephone number or e-mail address indicated under the FOR FURTHER INFORMATION CONTACT section of this notice. Background and Purpose The U.S. Coast Guard is proposing to establish multiple permanent safety zones to ensure public safety during annual firework shows occurring within the Captain of the Port, Puget Sound, WA, 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. The 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 provides the public the opportunity to comment on safety zone locations, size and length of time each zone will be enforced. Additionally, this proposed 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 onshore 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 onscene patrol commander may allow persons within the safety zone if conditions permit. The Captain of the Port, Puget Sound, will give notice of the enforcement of each safety zone by all appropriate means to provide the widest publicity among the affected segments of the public. This will include publication in the Local Notice to Mariners and Marine PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 8567 Information Broadcasts. The public will also be notified about many of these firework displays by local newspapers, radio and television stations. These various methods of notification will facilitate informing mariners so they may adjust their plans accordingly. Firework barges or launch sites on land used in locations stated in this proposed 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 orange retroreflective 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. There will also be an on-scene patrol vessel present to enforce the safety zone 30 minutes prior to the start and 30 minutes after the conclusion of the fireworks display. The enforcement period for the proposed safety zones are from 5:30 p.m. until 1 a.m. local time. However, vessels may enter, remain in, or transit through these safety zones during this timeframe if authorized by the Captain of the Port or designated on-scene patrol commander. This proposed 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 Proposed Rule This proposed rule will create permanent safety zones on the waterways of Puget Sound, WA to assist in minimizing the inherent dangers associated with firework displays. These safety zones will extend 450 yards from their launch site. This zone size allows for the use of up to a 16″ mortar shell in annual firework displays. However, safety zones will only be enforced for the appropriate size for the largest mortar shell used. These zones are nominal in size and are typically positioned in areas which allow for transit around the zone thus the safety zones have an inconsequential impact on the majority of waterway users. These zones are also short in duration and allow waterway users to enter or E:\FR\FM\25FEP1.SGM 25FEP1 8568 Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Proposed Rules transit through the zone when deemed safe by the on-scene patrol commander. The COTP, through this action, intends to promote the safety of personnel, vessels, and facilities in the area. Regulatory Analyses We developed this proposed 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. sroberts on DSKD5P82C1PROD with PROPOSALS Regulatory Planning and Review This proposed 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 proposed rule is not a significant regulatory action because the period of enforcement and size of these safety zones is minimal. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered whether this proposed 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 proposed rule would 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 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. This temporary rule will be in effect for minimal times when vessel traffic volume is low and are limited in size. If safe to do so, traffic will be allowed to pass through the zone with the permission of the Captain of the Port or Designated Representative. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it VerDate Nov<24>2008 17:18 Feb 24, 2010 Jkt 220001 qualifies and how and to what degree this rule would economically affect it. 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 this proposed rule so that they can better evaluate its effects on them and participate in the rulemaking process. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact Ensign Ashley Wanzer via the contact information listed under FOR FURTHER INFORMATION in this docket. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. Collection of Information This proposed rule would call 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 proposed 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 proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This proposed rule would 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 proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. Indian Tribal Governments This proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would 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 proposed 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 proposed rule does not use technical standards. Therefore, we did E:\FR\FM\25FEP1.SGM 25FEP1 8569 Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Proposed Rules not consider the use of voluntary consensus standards. Environment We have analyzed this proposed 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 made a preliminary determination that this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. A preliminary environmental analysis checklist supporting this determination is available in the docket where indicated under ADDRESSES. This proposed rule involves multiple discharging of various aerial shelled fireworks within the COTP Puget Sound AOR. Each event will individually comply with NEPA requirements on an annual basis as ensured through the requirement 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 proposed rule. 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 proposes to amend 33 CFR part 165, as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 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 2. Add § 165.1332 to read as follows: § 165.1332 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, WA extending to a 450 yard radius from the following launch sites: CAPTAIN OF THE PORT PUGET SOUND AOR ANNUAL FIREWORK DISPLAYS sroberts on DSKD5P82C1PROD with PROPOSALS Event name (typically) Event location Steilicom Annual Fireworks ............................................. Tacoma Freedom Fair ..................................................... City of Anacortes Fireworks ............................................ Alderbrook Resort & Spa Fireworks ................................ Fireworks Display ............................................................ Des Moines Fireworks ..................................................... Three Tree Point Community Fireworks ......................... City of Renton Fireworks ................................................. Port Orchard Fireworks ................................................... Chimes and Lights ........................................................... Seattle Seafair ................................................................. Mercer Island Celebration ............................................... Medina Days .................................................................... Bainbridge Island Fireworks ............................................ Whaling Days .................................................................. Yarrow Point Community ................................................. City of Kenmore Fireworks .............................................. Kirkland Concours D’Elegence ........................................ Kirkland Fireworks ........................................................... Liberty Bay Fireworks ...................................................... Sheridan Beach Community ............................................ Langlie’s Old Fashioned Independence Celebration ...... Lake Forest Park Fireworks ............................................ Vashon Island Fireworks ................................................. Kingston Fireworks .......................................................... Mikilteo Lighthouse Festival ............................................ Brewster Fire Department Fireworks .............................. Port Angeles .................................................................... Port Townsend Sunrise Rotary ....................................... Friday Harbor Independence ........................................... Roche Harbor Fireworks ................................................. Deer Harbor Annual Fireworks Display ........................... Orcas Island .................................................................... Blast Over Bellingham ..................................................... True Colors Event ........................................................... John Eddy Wedding ........................................................ City of Mount Vernon Fireworks ...................................... Chase Family Fourth at Lake Union ............................... Steilicom ............................ Commencement Bay ......... Fidalgo Bay ....................... Hood Canal ....................... Henderson Bay .................. Des Moines ....................... Three Tree Point ............... Renton, Lake Washington Port Orchard ...................... Port Orchard ...................... Lake Washington ............... Mercer Island ..................... Medina Park ...................... Eagle Harbor ..................... Dyes Inlet .......................... Yarrow Point ...................... Lake Forest Park ............... Kirkland .............................. Kirkland .............................. Liberty Bay ........................ Lake Forest Park ............... Indianola ............................ Lake Forest Park ............... Quartermaster Harbor ....... Appletree Cove .................. Possession Sound ............. Brewster ............................ Port Angeles Harbor .......... Port Townsend .................. Friday Harbor .................... Roche Harbor .................... Deer Harbor ....................... Orcas Island ...................... Bellingham Bay ................. Blaine ................................. Magnolia Bluff .................... Edgewater Park ................. Lake Union ........................ (2) [Reserved] (b) Special Requirements. Firework barges or launch sites on land used in locations stated in this proposed rule shall display a sign. The sign will be VerDate Nov<24>2008 17:18 Feb 24, 2010 Jkt 220001 Latitude 47°10.4′ N 47°16.817′ N 47°17.1′ N 47°21.033′ N 47°21.8′ N 47°24.117′ N 47°27.033′ N 47°29.986′ N 47°32.883′ N 47°32.75′ N 47°34.333′ N 47°35.517′ N 47°36.867′ N 47°37.267′ N 47°38.65′ N 47°38.727′ N 47°39.0′ N 47°39.521′ N 47°40.583′ N 47°43.917′ N 47°44.783′ N 47°44.817′ N 47°45.117′ N 47°45.25′ N 47°47.65′ N 47°56.9′ N 48°06.367′ N 48°07.033′ N 48°08.067′ N 48°32.6′ N 48°36.7′ N 48°37.0′ N 48°41.317′ N 48°44.933′ N 48°59.488′ N 49°38.988′ N 48°25.178′ N 47°38.418′ N 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— PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 Longitude 122°36.2′ W 122°27.933′ W 122°28.4′ W 123°04.1′ W 122°38.367′ W 122°20.033′ W 122°23.15′ W 122°11.85′ W 122°37.917′ W 122°38.033′ W 122°16.017′ W 122°13.233′ W 122°14.5′ W 122°31.583′ W 122°41.35′ W 122°13.466′ W 122°13.55′W 122°12.439′ W 122°12.84′ W 122°39.133′ W 122°16.917′ W 122°31.533′ W 122°16.367′ W 122°15.75′ W 122°29.917′ W 122°18.6′ W 119°47.15′ W 123°24.967′ W 122°46.467′ W 122°00.467′ W 123°09.5′ W 123°00.25′ W 122°54.467′ W 122°29.667′ W 122°46.339′ W 122°25.356′ W 122°20.424′ W 122°20.111′ W 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 E:\FR\FM\25FEP1.SGM 25FEP1 sroberts on DSKD5P82C1PROD with PROPOSALS 8570 Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Proposed Rules inch 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. There will also be an onscene patrol vessel present to enforce the safety zone 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 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 5:00 pm until 1:00 am each day a barge with a ‘‘FIREWORKS— DANGER—STAY AWAY’’ sign is located within any of the designated safety zone locations listed in paragraph (a) of this section and meets the criteria established in paragraph (b) of this section, 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 in July. (3) The second weekend of August until the conclusion of the fourth week of August. VerDate Nov<24>2008 17:18 Feb 24, 2010 Jkt 220001 (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: February 4, 2010. L.R. Tumbarello, Commander, U.S. Coast Guard, Captain of the Port, Puget Sound Acting. [FR Doc. 2010–3812 Filed 2–24–10; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers 33 CFR Part 334 Atlantic Ocean off John F. Kennedy Space Center, FL; Restricted Area AGENCY: United States Army Corps of Engineers, Department of Defense. ACTION: Notice of proposed rulemaking and request for comments. SUMMARY: The U.S. Army Corps of Engineers (Corps) is proposing to revise its regulations to establish a new restricted area in the Atlantic Ocean off the coast of the John F. Kennedy Space Center (KSC), Florida. The KSC is the main launch facility for the National Aeronautics and Space Administration (NASA) and they need to have the capability to secure their shoreline at KSC. This amendment to the existing regulations is necessary to enhance KSC’s ability to secure their shoreline to counter postulated threats to their facilities and to provide for safe launch operations. DATES: Written comments must be submitted on or before March 29, 2010. ADDRESSES: You may submit comments, identified by docket number COE– 2010–0001, by any of the following methods: Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. E-mail: david.b.olson@usace.army. mil. Include the docket number, COE– 2010–0001, in the subject line of the message. Mail: U.S. Army Corps of Engineers, Attn: CECW–CO (David B. Olson), 441 G Street, NW., Washington, DC 20314– 1000. Hand Delivery/Courier: Due to security requirements, we cannot PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 receive comments by hand delivery or courier. Instructions: Direct your comments to docket number COE–2010–0001. All comments received will be included in the public docket without change and may be made available on-line at http: //www.regulations.gov, including any personal information provided, unless the commenter indicates that the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI, or otherwise protected, through regulations.gov or email. The regulations.gov web site is an anonymous access system, which means we will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail directly to the Corps without going through regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, we recommend that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If we cannot read your comment because of technical difficulties and cannot contact you for clarification, we may not be able to consider your comment. Electronic comments should avoid the use of any special characters, any form of encryption, and be free of any defects or viruses. Docket: For access to the docket to read background documents or comments received, go to http:// www.regulations.gov. All documents in the docket are listed. Although listed in the index, some information is not publicly available, such as CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, Operations and Regulatory Community of Practice, Washington, DC at 202–761–4922 or Mr. Jon M. Griffin, U.S. Army Corps of Engineers, Jacksonville District, Regulatory Division, at 904–232–1680. SUPPLEMENTARY INFORMATION: Pursuant to its authorities in section 7 of the Rivers and Harbors Act of 1917 (40 Stat 266; 33 U.S.C. 1) and Chapter XIX of the Army Appropriations Act of 1919 (40 Stat 892; 33 U.S.C. 3) the Corps is E:\FR\FM\25FEP1.SGM 25FEP1

Agencies

[Federal Register Volume 75, Number 37 (Thursday, February 25, 2010)]
[Proposed Rules]
[Pages 8566-8570]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3812]


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

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: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish multiple permanent 
safety zones to ensure public safety during annual firework displays at 
various locations the Captain of the Port, Puget Sound Area of 
Responsibility (AOR). When these safety zones are activated, and thus 
subject to enforcement, this rule would limit 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: Comments and related material must be received by the Coast 
Guard on or before May 26, 2010. Requests for public meetings must be 
received by the Coast Guard on or before March 29, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0063 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary 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:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2010-0063), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the

[[Page 8567]]

``submit a comment'' box, which will then become highlighted in blue. 
In the ``Document Type'' drop down menu select ``Proposed Rule'' and 
insert ``USCG-2010-0063'' in the ``Keyword'' box. Click ``Search'' then 
click on the balloon shape in the ``Actions'' column. If you submit 
your comments by mail or hand delivery, submit them in an unbound 
format, no larger than 8\1/2\ by 11 inches, suitable for copying and 
electronic filing. If you submit comments by mail and would like to 
know that they reached the Facility, please enclose a stamped, self-
addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2010-0063'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one on or before 30 days after publication in the Federal 
Register using one of the four methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.
    For information on facilities or services for individuals with 
disabilities or to request special assistance at the public meeting, 
contact Ensign Ashley M. Wanzer at the telephone number or e-mail 
address indicated under the FOR FURTHER INFORMATION CONTACT section of 
this notice.

Background and Purpose

    The U.S. Coast Guard is proposing to establish multiple permanent 
safety zones to ensure public safety during annual firework shows 
occurring within the Captain of the Port, Puget Sound, WA, 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.
    The 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 provides the public 
the opportunity to comment on safety zone locations, size and length of 
time each zone will be enforced. Additionally, this proposed 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-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.
    The Captain of the Port, Puget Sound, will give notice of the 
enforcement of each safety zone by all appropriate means to provide the 
widest publicity among the affected segments of the public. This will 
include publication in the Local Notice to Mariners and Marine 
Information Broadcasts. The public will also be notified about many of 
these firework displays by local newspapers, radio and television 
stations. These various methods of notification will facilitate 
informing mariners so they may adjust their plans accordingly.
    Firework barges or launch sites on land used in locations stated in 
this proposed 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 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. There will also be an on-scene patrol vessel present 
to enforce the safety zone 30 minutes prior to the start and 30 minutes 
after the conclusion of the fireworks display.
    The enforcement period for the proposed safety zones are from 5:30 
p.m. until 1 a.m. local time. However, vessels may enter, remain in, or 
transit through these safety zones during this timeframe if authorized 
by the Captain of the Port or designated on-scene patrol commander.
    This proposed 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 Proposed Rule

    This proposed rule will create permanent safety zones on the 
waterways of Puget Sound, WA to assist in minimizing the inherent 
dangers associated with firework displays. These safety zones will 
extend 450 yards from their launch site. This zone size allows for the 
use of up to a 16'' mortar shell in annual firework displays. However, 
safety zones will only be enforced for the appropriate size for the 
largest mortar shell used. These zones are nominal in size and are 
typically positioned in areas which allow for transit around the zone 
thus the safety zones have an inconsequential impact on the majority of 
waterway users. These zones are also short in duration and allow 
waterway users to enter or

[[Page 8568]]

transit through the zone when deemed safe by the on-scene patrol 
commander. The COTP, through this action, intends to promote the safety 
of personnel, vessels, and facilities in the area.

Regulatory Analyses

    We developed this proposed 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 proposed 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 proposed rule is not 
a significant regulatory action because the period of enforcement and 
size of these safety zones is minimal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
rule would 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 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. This temporary rule will be in effect for minimal times when 
vessel traffic volume is low and are limited in size. If safe to do so, 
traffic will be allowed to pass through the zone with the permission of 
the Captain of the Port or Designated Representative.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

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 this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking process. 
If the rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact Ensign Ashley 
Wanzer via the contact information listed under for further information 
in this docket. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call 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 proposed 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 proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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 proposed rule does not use technical standards. Therefore, we 
did

[[Page 8569]]

not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed 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 made a preliminary determination that this action is one of a 
category of actions which do not individually or cumulatively have a 
significant effect on the human environment. A preliminary 
environmental analysis checklist supporting this determination is 
available in the docket where indicated under ADDRESSES. This proposed 
rule involves multiple discharging of various aerial shelled fireworks 
within the COTP Puget Sound AOR. Each event will individually comply 
with NEPA requirements on an annual basis as ensured through the 
requirement 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 proposed rule.

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 proposes 
to amend 33 CFR part 165, as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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

    2. Add Sec.  165.1332 to read as follows:


Sec.  165.1332  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, WA 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
----------------------------------------------------------------------------------------------------------------
Steilicom Annual Fireworks..........  Steilicom..............  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' W
 Celebration.
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
Mikilteo 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 proposed 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

[[Page 8570]]

inch 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. 
There will also be an on-scene patrol vessel present to enforce the 
safety zone 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 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 5:00 pm 
until 1:00 am each day a barge with a ``FIREWORKS--DANGER--STAY AWAY'' 
sign is located within any of the designated safety zone locations 
listed in paragraph (a) of this section and meets the criteria 
established in paragraph (b) of this section, 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 
in 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: February 4, 2010.
L.R. Tumbarello,
Commander, U.S. Coast Guard, Captain of the Port, Puget Sound Acting.
[FR Doc. 2010-3812 Filed 2-24-10; 8:45 am]
BILLING CODE 9110-04-P