Safety Zones; Annual Firework Displays Within the Captain of the Port, Puget Sound Area of Responsibility, 8566-8570 [2010-3812]
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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:
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§ 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
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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:
https://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
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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 https://
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 https://
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 https://
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
https://www.regulations.gov, click on the
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‘‘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
https://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.
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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—
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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
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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: https://
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 https://
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
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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: https://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 https://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 https://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 https://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 https://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 https://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
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(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