Safety Zones; Annual Firework Displays Within the Captain of the Port, Puget Sound Area of Responsibility, 33698-33701 [2010-14296]
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33698
Federal Register / Vol. 75, No. 114 / Tuesday, June 15, 2010 / Rules and Regulations
available in the docket where indicated
under ADDRESSES.
DEPARTMENT OF HOMELAND
SECURITY
List of Subjects in 33 CFR Part 165
Coast Guard
Harbors, Marine Safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
33 CFR Part 165
[Docket No. USCG–2010–0063]
RIN 1625–AA00
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
■
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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 temporary section 33 CFR
165.T13–147 to read as follows:
■
§ 165.T13–147: Safety Zone: July Firework
Display in Captain of the Port, Puget Sound
AOR.
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(a) Safety Zone. The following area is
a designated safety zone: all waters of
Port Gardner Bay, WA extending out to
a 300 yard radius from the launch site
at 47°58′51″ N 122°13′16″ W.
(b) Regulations. In accordance with
the general regulations in 33 CFR Part
165, Subpart C, no vessel operator may
enter, transit, moor, or anchor within
this safety zone, except for vessels
authorized by the Captain of the Port or
Designated Representative.
(c) 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.
(d) Effective Period. This rule is
effective from 5 p.m. on July 4, 2010
until 1 a.m. on July 5, 2010 unless
canceled sooner by the Captain of the
Port.
[FR Doc. 2010–14294 Filed 6–14–10; 8:45 am]
BILLING CODE 9110–04–P
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Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
■
Dated: May 27, 2010.
S.W. Bornemann,
Captain, U.S. Coast Guard, Captain of the
Port, Puget Sound.
Safety Zones; Annual Firework
Displays Within the Captain of the
Port, Puget Sound Area of
Responsibility
SUMMARY: The Coast Guard is
establishing permanent safety zones to
ensure public safety during annual
firework displays at various locations in
the Captain of the Port (COTP), Puget
Sound Area of Responsibility (AOR).
When these safety zones are activated,
and thus subject to enforcement, this
rule restricts 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: This rule is effective June 15,
2010.
Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2010–0063 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2010–0063 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ This material is
also available for inspection or copying
at the Docket Management Facility (M–
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this 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.
ADDRESSES:
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SUPPLEMENTARY INFORMATION:
Regulatory Information
On February 25, 2010, we published
a notice of proposed rulemaking
(NPRM) entitled Safety Zones; Annual
Firework Displays within the Captain of
the Port, Puget Sound Area of
Responsibility in the Federal Register
(75 FR 8566). We did not receive any
comments on the proposed rule. We
also did not receive any requests for a
public meeting; therefore, a public
meeting was not held.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Immediate action is necessary
to protect life, property and the
environment; therefore, a 30-day notice
is impracticable. Delaying the effective
date would be contrary to these safety
zones’ intended objective of protecting
persons and vessels involved in the
fireworks events.
Basis and Purpose
The U.S. Coast Guard is establishing
permanent safety zones to ensure public
safety during annual firework shows
occurring within the Captain of the Port,
Puget Sound, WA, AOR. This action is
necessary in order to restrict vessel
movement and reduce vessel
congregation in the proximity of
firework discharge sites ensuring
maritime public safety.
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 provided the public the
opportunity to comment on the safety
zone locations, size and length of time
each zone will be enforced.
Additionally, this final 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-
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Federal Register / Vol. 75, No. 114 / Tuesday, June 15, 2010 / Rules and Regulations
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 onscene patrol commander may allow
persons within the safety zone if
conditions permit.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
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Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. This rule is not a significant
regulatory action because the period of
enforcement and size of these safety
zones are minimal.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities, some of which may be small
entities: The owners or operators of
vessels intending to transit 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: The safety zones
included in this rule will be in effect for
a short duration when vessel traffic
volume is low and are limited in size.
If safe to do so, traffic will be allowed
to pass through these safety zones with
the permission of the Captain of the Port
or Designated Representative.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
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Fairness Act of 1996 (Pub. L. 104–121),
in the NPRM we offered to assist small
entities in understanding the rule so
that they could better evaluate its effects
on them and participate in the
rulemaking process.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
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33699
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
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Federal Register / Vol. 75, No. 114 / Tuesday, June 15, 2010 / Rules and Regulations
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves the establishment of safety
zones around firework display sites
within the COTP Puget Sound AOR.
Each event will individually comply
with NEPA requirements on an annual
basis as ensured through the submittal
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 rule.
An environmental analysis checklist
and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165, as follows:
■
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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:
§ 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, Washington,
extending to a 450 yard radius from the
following launch sites:
CAPTAIN OF THE PORT PUGET SOUND AOR ANNUAL FIREWORK DISPLAYS
Event location
Steilacoom 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 .................................................
Mukilteo 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 ......................
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Event name (typically)
Steilacoom ..............................................................
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 .................................................................
47° 10.4′
47° 16.817′
47° 17.1′
47° 21.033′
47° 21.8′
47° 24.117′
47° 27.033′
47° 29.986′
47° 32.883′
47° 32.75′
47° 34.333′
47° 35.517′
47° 36.867′
47° 37.267′
47° 38.65′
47° 38.727′
47° 39.0′
47° 39.521′
47° 40.583′
47° 43.917′
47° 44.783′
47° 44.817′
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
122° 36.2′
122° 27.933′
122° 28.4′
123° 04.1′
122° 38.367′
122° 20.033′
122° 23.15′
122° 11.85′
122° 37.917′
122° 38.033′
122° 16.017′
122° 13.233′
122° 14.5′
122° 31.583′
122° 41.35′
122° 13.466′
122° 13.55′
122° 12.439′
122° 12.84′
122° 39.133′
122° 16.917′
122° 31.533′
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 .............................................................
47° 45.117′
47° 45.25′
47° 47.65′
47° 56.9′
48° 06.367′
48° 07.033′
48° 08.067′
48° 32.6′
48° 36.7′
48° 37.0′
48° 41.317′
48° 44.933′
48° 59.488′
49° 38.988′
48° 25.178′
47° 38.418′
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
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
(2) [RESERVED]
(b) Special Requirements. Firework
barges or launch sites on land used in
locations stated in this rule shall display
a sign. The sign will be affixed to the
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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–
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Latitude
Longitude
W
W
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W
W
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W
W
W
W
W
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W
W
W
W
W
W
STAY AWAY.’’ This will provide onscene 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
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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. An on-scene patrol vessel
will enforce these safety zones 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 operator 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 p.m. until 1 a.m.
each day a barge with a ‘‘FIREWORKS–
DANGER–STAY AWAY’’ sign is located
within any of the above designated
safety zone locations and meets the
criteria established in section (b), 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 of 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.
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(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: May 27, 2010.
S.W. Bornemann,
Captain, U.S. Coast Guard, Captain of the
Port, Puget Sound.
[FR Doc. 2010–14296 Filed 6–14–10; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–0409]
RIN 1625–AA87
Security Zone; Escorted U.S. Navy
Submarines in Sector Honolulu
Captain of the Port Zone
Coast Guard, DHS.
ACTION: Interim rule with requests for
comments.
AGENCY:
SUMMARY: The Coast Guard is
establishing a moving security zone
around all U.S. Navy submarines that
are operating in the Sector Honolulu
Captain of the Port Zone, which
includes Mamala Bay and coastal waters
of the State of Hawaii, and are being
escorted by the U.S. Coast Guard. This
security zone is necessary to help
ensure the security of the submarines,
their Coast Guard security escorts, and
the general maritime public. This
security zone prohibits all persons and
vessels from coming within 1,000 yards
of an escorted submarine unless
authorized by the Coast Guard patrol
commander.
DATES: This interim rule is effective
from June 15, 2010. The security zone
has been enforced with actual notice
since June 12, 2010. Comments and
related material must reach the Coast
Guard on or before July 15, 2010.
Requests for public meetings must be
received by the Coast Guard on or before
July 15, 2010.
ADDRESSES: You may submit comments
identified by docket number USCG–
2010–0409 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
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33701
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 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 interim rule,
call Mr. Terry Rice, Enforcement
Division, U.S. Coast Guard District
Fourteen, telephone 808–535–3264. If
you have questions on viewing or
submitting material to 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–2010–0409, 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, 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
‘‘submit a comment’’ box, which will
E:\FR\FM\15JNR1.SGM
15JNR1
]]>Agencies
[Federal Register Volume 75, Number 114 (Tuesday, June 15, 2010)]
[Rules and Regulations]
[Pages 33698-33701]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14296]
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing permanent safety zones to
ensure public safety during annual firework displays at various
locations in the Captain of the Port (COTP), Puget Sound Area of
Responsibility (AOR). When these safety zones are activated, and thus
subject to enforcement, this rule restricts 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: This rule is effective June 15, 2010.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2010-0063 and are available online by going to
https://www.regulations.gov, inserting USCG-2010-0063 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this 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:
Regulatory Information
On February 25, 2010, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zones; Annual Firework Displays within the
Captain of the Port, Puget Sound Area of Responsibility in the Federal
Register (75 FR 8566). We did not receive any comments on the proposed
rule. We also did not receive any requests for a public meeting;
therefore, a public meeting was not held.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Immediate action is necessary to
protect life, property and the environment; therefore, a 30-day notice
is impracticable. Delaying the effective date would be contrary to
these safety zones' intended objective of protecting persons and
vessels involved in the fireworks events.
Basis and Purpose
The U.S. Coast Guard is establishing permanent safety zones to
ensure public safety during annual firework shows occurring within the
Captain of the Port, Puget Sound, WA, AOR. This action is necessary in
order to restrict vessel movement and reduce vessel congregation in the
proximity of firework discharge sites ensuring maritime public safety.
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 provided the public
the opportunity to comment on the safety zone locations, size and
length of time each zone will be enforced. Additionally, this final
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-
[[Page 33699]]
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.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. This rule is not a significant regulatory
action because the period of enforcement and size of these safety zones
are minimal.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
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: The safety zones
included in this rule will be in effect for a short duration when
vessel traffic volume is low and are limited in size. If safe to do so,
traffic will be allowed to pass through these safety zones with the
permission of the Captain of the Port or Designated Representative.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
[[Page 33700]]
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves the establishment of safety zones
around firework display sites within the COTP Puget Sound AOR. Each
event will individually comply with NEPA requirements on an annual
basis as ensured through the submittal 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 rule.
An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165, as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapters 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1
0
2. Add Sec. 165.1332 to read as follows:
Sec. 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, Washington, 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
----------------------------------------------------------------------------------------------------------------
Steilacoom Annual Fireworks............. Steilacoom...................... 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'
Celebration. W
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
Mukilteo 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 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
[[Page 33701]]
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. An on-scene
patrol vessel will enforce these safety zones 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 operator 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 p.m.
until 1 a.m. each day a barge with a ``FIREWORKS-DANGER-STAY AWAY''
sign is located within any of the above designated safety zone
locations and meets the criteria established in section (b), 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
of 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: May 27, 2010.
S.W. Bornemann,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2010-14296 Filed 6-14-10; 8:45 am]
BILLING CODE 9110-04-P
