Safety Zones; Annual Firework Displays Within the Captain of the Port, Puget Sound Area of Responsibility, 61263-61266 [2011-25344]
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Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Rules and Regulations
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.
sroberts on DSK5SPTVN1PROD with RULES
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
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technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves the establishment of a safety
zone. An environmental analysis
checklist and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
61263
7 p.m. on October 1, 2011 through
October 9, 2011. If the event concludes
prior to the scheduled termination time,
the Captain of the Port will cease
enforcement of this safety zone and will
announce that fact via Broadcast Notice
to Mariners.
(c) Definitions. The following
definition applies to this section:
designated representative, means any
commissioned, warrant, or petty officer
of the Coast Guard on board Coast
Guard, Coast Guard Auxiliary, and
local, state, and federal law enforcement
vessels who have been authorized to act
on the behalf of the Captain of the Port.
(d) Regulations. (1) Entry into, transit
through or anchoring within this safety
zone is prohibited unless authorized by
the Captain of the Port of San Diego or
his designated representative.
(2) Mariners requesting permission to
transit through the safety zone may
request authorization to do so from the
Patrol Commander (PATCOM). The
PATCOM may be contacted on VHF–FM
Channel 16.
(3) All persons and vessels shall
comply with the instructions of the
Coast Guard Captain of the Port or his
designated representative.
(4) Upon being hailed by U.S. Coast
Guard patrol personnel by siren, radio,
flashing light, or other means, the
operator of a vessel shall proceed as
directed.
(5) The Coast Guard may be assisted
by other federal, state, or local agencies.
Dated: September 17, 2011.
P.J. Hill,
Captain, U.S. Coast Guard, Acting Captain
of the Port San Diego.
[FR Doc. 2011–25547 Filed 9–29–11; 4:15 pm]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
BILLING CODE 9110–04–P
■
1. The authority citation for part 165
continues to read as follows:
DEPARTMENT OF HOMELAND
SECURITY
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 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.
Coast Guard
2. Add temporary § 165.T11–438 to
read as follows:
RIN 1625–AA00
■
§ 165.T11–438 IJSBA World Finals; Lower
Colorado River, Lake Havasu, AZ
(a) Location. The limits of the safety
zone will be as follows:
34°28.49′ N, 114°21.33′ W;
34°28.55′ N, 114°21.56′ W;
34°28.43′ N, 114°21.81′ W;
34°28.32′ N, 114°21.71′ W; along the
shoreline to
34°28.49′ N, 114°21.33′ W.
(b) Enforcement Period. This section
will be enforced from 6 a.m. through
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33 CFR Part 165
[Docket No. USCG–2010–0842]
Safety Zones; Annual Firework
Displays Within the Captain of the
Port, Puget Sound Area of
Responsibility
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is amending
our regulations to correct the
coordinates for four firework displays.
This action is necessary to prevent
injury and to protect life and property
SUMMARY:
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61264
Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Rules and Regulations
sroberts on DSK5SPTVN1PROD with RULES
of the maritime public from the hazards
associated with the firework displays.
During the enforcement periods, entry
into, transit through, mooring, or
anchoring within these zones is
prohibited unless authorized by the
Captain of the Port, Puget Sound or
Designated Representative.
DATES: This rule is effective November
3, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2010–
0842 and are available online by going
to https://www.regulations.gov, inserting
USCG–2010–0842 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
e-mail Ensign Anthony P. LaBoy, USCG
Sector Puget Sound Waterways
Management Division, Coast Guard;
telephone 206–217–6323, e-mail
SectorPugetSoundWWM@uscg.mil. If
you have questions on viewing the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION:
Basis and Purpose
Small Entities
The coordinates currently codified
under this section do not correctly
reflect the location of where the
displays actually occur. The Coast
Guard is amending the coordinates to
list the correct coordinates for the
locations.
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.
Therefore, the Coast Guard certifies
under 5 U.S.C. 605(b) that this proposed
rule, if promulgated, will not have a
significant economic impact on a
substantial number of small entities.
This rule would not affect any small
entities since this rule does not involve
creating any new safety zones but
instead amends the current coordinates
to reflect the appropriate coordinates of
the locations.
Regulatory Information
The Coast Guard is issuing this final
rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA)
(5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
unnecessary and contrary to the public
interest. This action is a technical
amendment to the rule to reflect the
appropriate coordinates of these
locations. The new coordinates listed
below are the actual location that these
displays have occurred without
comment or objections from the
maritime public in past years. This
action is also necessary to prevent
injury and to protect life and property
of the maritime public from the hazards
associated with the firework displays.
Discussion of Rule
The Coast Guard is amending 33 CFR
165.1332 to correct coordinates listed
for four firework displays that occur
annually within the Captain of the Port,
Puget Sound Area of Responsibility.
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
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Background
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
received 00 comments on the proposed
rule. On June 15, 2010 the Coast Guard
published a document in the Federal
Register (75 FR 33700), establishing
safety zones for fireworks displays
within the Captain of the Port, Puget
Sound Area of Responsibility. That
notice provided a table which listed the
coordinates of each firework display.
The submitted coordinates differed from
the actual coordinates for four of the
fireworks displays. This rule changes
the coordinates listed for four displays
to the proper position. During the
enforcement periods, entry into, transit
through, mooring, or anchoring within
these zones is prohibited unless
authorized by the Captain of the Port,
Puget Sound 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),
we offer to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
Collection of Information
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.
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.
Regulatory Planning and Review
Unfunded Mandates Reform Act
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Executive Order
12866 or under section 1 of Executive
Order 13563. The Office of Management
and Budget has not reviewed it under
that those Orders.
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.
Regulatory Analyses
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Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Rules and Regulations
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, as
supplemented by Executive Order
13563, and is not likely to have a
significant adverse effect on the supply,
distribution, or use of energy. The
Administrator of the Office of
Information and Regulatory Affairs has
not designated it as a significant energy
action. Therefore, it does not require a
Statement of Energy Effects under
Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
61265
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 amending the coordinates of
four firework displays codified under 33
CFR 165.1332. An environmental
analysis checklist and a categorical
exclusion determination are available in
the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165, as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; Pub.
L. 107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1
2. In § 165.1332, revise the following
entries in the table in (a)(1) to read as
follows:
(a) * * *
(1) * * *
■
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
Event location
City of Anacortes .................................................................................
Fidalgo Bay ..................................
48°30.016′ N
122°36.154′ W
*
*
*
City of Kenmore Fireworks ..................................................................
*
*
Lake Forest Park .........................
*
47°45.25′ N
*
122°15.75′ W
*
*
*
Vashon Island Fireworks .....................................................................
*
*
Quartermaster Harbor ..................
*
47°24.0′ N
*
122°27.0′ W
*
*
*
Friday Harbor Independence ...............................................................
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Event name
*
*
Friday Harbor ...............................
*
48°32.255′ N
*
123°0.654′ W
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Latitude
04OCR1
Longitude
61266
*
Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Rules and Regulations
*
*
*
*
Dated: September 12, 2011.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the
Port, Puget Sound.
[FR Doc. 2011–25344 Filed 10–3–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 1024–AD75
Special Regulations; Areas of the
National Park System, Grand Teton
National Park, Bicycle Routes, Fishing
and Vessels
National Park Service, Interior.
Final rule.
AGENCY:
ACTION:
This rule designates certain
multi-use pathways in Grand Teton
National Park (Park) as routes for
bicycle use. National Park Service (NPS)
regulations require issuance of a special
regulation to designate bicycle routes
that are located off park roads and
outside developed areas. The first two
segments of a planned multi-use
pathway system have been constructed
and are generally located within 50 feet
of existing park roads. Separating
bicycle traffic from lanes used for motor
vehicle travel will reduce real and
perceived safety hazards, which will
enhance opportunities for nonmotorized enjoyment of the park and
encourage the use of alternate
transportation. This rule also revises
NPS special regulations regarding
fishing and vessels in certain Park
waters to reflect current operating
practices and management objectives.
DATES: This regulation is effective
November 3, 2011.
FOR FURTHER INFORMATION CONTACT: Gary
M. Pollock, Management Assistant,
Grand Teton National Park, 307–739–
3428.
SUMMARY:
SUPPLEMENTARY INFORMATION:
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Background
Grand Teton National Park is located
in northwest Wyoming and
encompasses approximately 310,000
acres. Located just south of Yellowstone
National Park, Grand Teton is at the
heart of the Greater Yellowstone
Ecosystem, and includes the iconic
mountains of the Teton Range, the broad
valley of Jackson Hole, numerous lakes,
and a 40-mile segment of the Snake
River. The park was originally
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established in 1929, but at that time
included only the mountains and
several of the lakes at their base. In
1943, Jackson Hole National Monument
was established by presidential
proclamation, including much of the
valley to the east of the mountains. In
1950, Congress combined the 1929 park
and the national monument into the
present-day national park.
The Park supports diverse and
abundant populations of wildlife, and is
world renowned for its opportunities to
view elk, moose, bison, pronghorn,
grizzly and black bears, grey wolves,
and coyotes. Other species such as
trumpeter swans, bald eagles, and many
species of waterfowl and small
mammals are also abundant.
Visitors to the Park typically
participate in several types of activities,
including: scenic touring, viewing
wildlife, hiking, mountain climbing, fly
fishing, float trips, bicycling, and other
forms of recreation consistent with
enjoyment of the Park’s resources. The
Park includes several major developed
areas, five campgrounds, almost 200
miles of hiking trails, 140 miles of
paved roads, and 70 miles of unpaved
roads. Visitation to the Park has
remained relatively constant over the
last decade averaging approximately 2.5
million recreational visitors, mostly
between the months of May and
September.
In April 2000, the Park undertook a
transportation study to collect basic
information regarding transportation
issues in the Park. The study
subsequently served as a foundation for
a transportation planning process that
was initiated in September 2001. The
Transportation Plan/Final
Environmental Impact Statement (FEIS)
was released in September 2006. A
Record of Decision (ROD) selecting
Alternative 3a was signed on March 12,
2007, and a notice of the decision was
published in the Federal Register on
April 24, 2007 (72 FR 20365). A full
description of the alternatives that were
considered, the environmental impacts
associated with the project, and public
involvement can be found online at
https://www.nps.gov/grte/parkmgmt/
tranplan.
Although the planning effort and ROD
addressed a variety of transportationrelated issues, a major focus was on the
development of a system of multi-use
pathways to improve opportunities for
non-motorized activities within the
Park. Bicycling has become increasingly
popular in the Park, and many visitors
and others who commented during the
planning process expressed concerns
over the risks that are present when
bicycles and motor vehicles share the
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road. Commenters often noted that this
was particularly true for families with
young children and visitors who are not
experienced bicyclists.
Among the issues that were raised
during the planning process were the
potential effects of the pathway system
on the park’s wildlife. Although wildlife
is abundant and often visible from park
roads, it is well documented that
animals respond differently to the
presence of pedestrians and bicyclists
than they do to motor vehicle traffic.
The potential for reducing the
effectiveness of habitat and displacing
wildlife from areas located near the
pathways was a significant concern for
many individuals and organizations that
commented during the planning
process. Furthermore, in light of the
Park’s abundant wildlife, concerns were
raised regarding the potential for
surprise and potentially dangerous
encounters between bicyclists and large
animals, including grizzly bears.
The ROD sets forth the Park’s decision
for the development of an extended
system of multi-use pathways within
the park. The system will include 39
miles of pathways between the south
park boundary and Colter Bay via the
Teton Park Road, as well as a 3-mile
segment along the Moose-Wilson Road
between the Granite Canyon Entrance
and the Laurance S. Rockefeller
Preserve. In general, pathways will be
constructed within 50 feet of the road,
except that the segments between North
Jenny Lake Junction and Colter Bay, and
along the Moose-Wilson Road will be
constructed in very close proximity to
the roads, generally within the existing
engineered and previously disturbed
road corridors.
The preferred alternative in the FEIS,
subsequently adopted in the ROD,
addressed the concerns regarding
wildlife through a combination of
research and monitoring, construction
phasing, and the requirement that
certain portions of the pathway system
would be constructed within the
existing road corridors. Specifically, the
ROD includes a significant emphasis on
wildlife research and monitoring to
provide a detailed understanding of the
effects of pathway development.
Monitoring and research activities began
in 2007 to provide a pre-construction
baseline, and continued through 2010.
The phased approach to construction of
the pathway system will allow
information obtained from the research
and monitoring program to be integrated
into the design and operation of future
pathway segments.
The first phase of pathways was
constructed during the summer and fall
of 2008. These segments extend from
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]]>Agencies
[Federal Register Volume 76, Number 192 (Tuesday, October 4, 2011)]
[Rules and Regulations]
[Pages 61263-61266]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25344]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0842]
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 amending our regulations to correct the
coordinates for four firework displays. This action is necessary to
prevent injury and to protect life and property
[[Page 61264]]
of the maritime public from the hazards associated with the firework
displays. During the enforcement periods, entry into, transit through,
mooring, or anchoring within these zones is prohibited unless
authorized by the Captain of the Port, Puget Sound or Designated
Representative.
DATES: This rule is effective November 3, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0842 and are available online
by going to https://www.regulations.gov, inserting USCG-2010-0842 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Ensign Anthony P. LaBoy, USCG Sector Puget Sound
Waterways Management Division, Coast Guard; telephone 206-217-6323, e-
mail SectorPugetSoundWWM@uscg.mil. If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is unnecessary and contrary to the
public interest. This action is a technical amendment to the rule to
reflect the appropriate coordinates of these locations. The new
coordinates listed below are the actual location that these displays
have occurred without comment or objections from the maritime public in
past years. This action is also necessary to prevent injury and to
protect life and property of the maritime public from the hazards
associated with the firework displays.
Basis and Purpose
The coordinates currently codified under this section do not
correctly reflect the location of where the displays actually occur.
The Coast Guard is amending the coordinates to list the correct
coordinates for the locations.
Background
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 received 00 comments on the proposed rule. On
June 15, 2010 the Coast Guard published a document in the Federal
Register (75 FR 33700), establishing safety zones for fireworks
displays within the Captain of the Port, Puget Sound Area of
Responsibility. That notice provided a table which listed the
coordinates of each firework display. The submitted coordinates
differed from the actual coordinates for four of the fireworks
displays. This rule changes the coordinates listed for four displays to
the proper position. During the enforcement periods, entry into,
transit through, mooring, or anchoring within these zones is prohibited
unless authorized by the Captain of the Port, Puget Sound or Designated
Representative.
Discussion of Rule
The Coast Guard is amending 33 CFR 165.1332 to correct coordinates
listed for four firework displays that occur annually within the
Captain of the Port, Puget Sound Area of Responsibility.
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, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Executive Order 12866
or under section 1 of Executive Order 13563. The Office of Management
and Budget has not reviewed it under that those Orders.
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.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this proposed rule, if promulgated, will not have a significant
economic impact on a substantial number of small entities. This rule
would not affect any small entities since this rule does not involve
creating any new safety zones but instead amends the current
coordinates to reflect the appropriate coordinates of the locations.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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.
[[Page 61265]]
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, as supplemented by
Executive Order 13563, and is not likely to have a significant adverse
effect on the supply, distribution, or use of energy. The Administrator
of the Office of Information and Regulatory Affairs has not designated
it as a significant energy action. Therefore, it does not require a
Statement of Energy Effects under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves amending the coordinates of four
firework displays codified under 33 CFR 165.1332. An environmental
analysis checklist and a categorical exclusion determination are
available in the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165, as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1
0
2. In Sec. 165.1332, revise the following entries in the table in
(a)(1) to read as follows:
(a) * * *
(1) * * *
----------------------------------------------------------------------------------------------------------------
Event name Event location Latitude Longitude
----------------------------------------------------------------------------------------------------------------
City of Anacortes................. Fidalgo Bay......... 48[deg]30.016' N 122[deg]36.154' W
* * * * * * *
City of Kenmore Fireworks......... Lake Forest Park.... 47[deg]45.25' N 122[deg]15.75' W
* * * * * * *
Vashon Island Fireworks........... Quartermaster Harbor 47[deg]24.0' N 122[deg]27.0' W
* * * * * * *
Friday Harbor Independence........ Friday Harbor....... 48[deg]32.255' N 123[deg]0.654' W
----------------------------------------------------------------------------------------------------------------
[[Page 61266]]
* * * * *
Dated: September 12, 2011.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2011-25344 Filed 10-3-11; 8:45 am]
BILLING CODE 9110-04-P
