Safety Zones; Annual Firework Displays Within the Captain of the Port, Puget Sound Area of Responsibility, 29023-29025 [2013-11750]
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Federal Register / Vol. 78, No. 96 / Friday, May 17, 2013 / Rules and Regulations
feet in approximate position 37°51′40″
N, 122°19′19″ W (NAD 83) for the
Berkeley Marina Fourth of July
Fireworks display listed in 33 CFR
165.1191, Table 1, Item number 10. This
safety zone will be in effect from 9:30
p.m. to 10:15 p.m. on July 4, 2013.
Under the provisions of 33 CFR
165.1191, unauthorized persons or
vessels are prohibited from entering
into, transiting through, or anchoring in
the safety zone during all applicable
effective dates and times, unless
authorized to do so by the PATCOM.
Additionally, each person who receives
notice of a lawful order or direction
issued by an official patrol vessel shall
obey the order or direction. The
PATCOM is empowered to forbid entry
into and control the regulated area. The
PATCOM shall be designated by the
Commander, Coast Guard Sector San
Francisco. The PATCOM may, upon
request, allow the transit of commercial
vessels through regulated areas when it
is safe to do so.
This notice is issued under authority
of 33 CFR 165.1191 and 5 U.S.C. 552(a).
In addition to this notice in the Federal
Register, the Coast Guard will provide
the maritime community with extensive
advance notification of the safety zone
and its enforcement period via the Local
Notice to Mariners.
If the Captain of the Port determines
that the regulated area need not be
enforced for the full duration stated in
this notice, a Broadcast Notice to
Mariners may be used to grant general
permission to enter the regulated area.
Dated: April 19, 2013.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the
Port San Francisco.
[FR Doc. 2013–11739 Filed 5–16–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[Docket Number USCG–2012–1001]
wreier-aviles on DSK5TPTVN1PROD with RULES
RIN 1625–AA00
Safety Zones; Annual Firework
Displays Within the Captain of the
Port, Puget Sound Area of
Responsibility
Coast Guard, DHS.
Final rule.
AGENCY:
The Coast Guard is adding
three new fireworks events and
correcting the location of five existing
SUMMARY:
VerDate Mar<15>2010
Documents mentioned in
this preamble are part of docket [USCG–
2012–1001]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email ENS Nathaniel P. Clinger, Coast
Guard Sector Puget Sound, Waterways
Management Division, U.S. Coast
Guard; telephone (206) 217–6045, email
SectorPugetSoundWWM@uscg.mil. If
you have questions on viewing or
submitting material to the docket, call
Barbara Hairston, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Table of Acronyms
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
A. Regulatory History and Information
33 CFR Part 165
ACTION:
events outlined in 33 CFR 165.1332 to
ensure public safety during annual
firework displays at various locations in
the Captain of the Port, Puget Sound
Area of Responsibility. When these
safety zones are activated and subject to
enforcement, this rule limits the
movement of vessels within the
established firework display areas.
These additions and corrections are
necessary to prevent injury and to
protect life and property of the maritime
public from hazards associated with
firework displays.
DATES: This rule is effective June 17,
2013.
15:13 May 16, 2013
Jkt 229001
The Coast Guard published a notice of
proposed rulemaking, Safety Zones;
Annual Firework Displays within the
Captain of the Port (COTP), Puget Sound
Area of Responsibility, Docket No.
USCG–2012–1001 on February 5, 2013.
The Coast Guard published the
following temporary final rules;
Multiple Firework Displays within the
Captain of the Port, Puget Sound Area
of Responsibility WA, Docket No.
USCG–2010–0591 on July 2, 2010,
Docket No. USCG–2011–0450 on June 8,
2011, and Docket No. USCG–2012–0488
on June 15, 2012. The Coast Guard
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29023
received zero comments submitted via
regulations.gov and received zero
requests for public meeting for these
regulations.
B. Basis and Purpose
This rule corrects the coordinates of
five firework displays outlined in 33
CFR 165.1332, located within the
greater Puget Sound Area, to accurately
reflect the correct position of the
firework displays. This rule also adds
three new firework display locations,
and changes the title of the rule to
accurately reflect what is codified in 33
CFR 3.65–10. These actions are
necessary in order to restrict vessel
movement and reduce vessel
congregation in the proximity of
firework discharge sites to ensure
maritime public safety.
C. Discussion of Comments, Changes
and the Final Rule
This rule amends the following
firework display positions: City of
Renton Fireworks; coordinates are
revised to read: Latitude 47°30.386′ N,
longitude 122°12.502′ W. Bainbridge
Island Fireworks; coordinates are
revised to read: Latitude 47°37.142′ N,
longitude 122°30.397′ W. Port
Townsend Sunrise Rotary; coordinates
are revised to read: Latitude 48°08.413′
N, longitude 122°45.531′ W. Tacoma
Freedom Fair; coordinates are revised to
read: Latitude 47°17.103′ N, longitude
122°28.410′ W. Brewster 4th of July;
coordinates are revised to read: Latitude
48°05.362′ N, longitude 119°47.147′ W.
This rule adds the following firework
displays: Port Ludlow Fireworks,
latitude 47°55.161′ N, longitude
122°41.157′ W; Boston Harbor 4th of
July, latitude 47°08.626′ N, longitude
122°54.149′ W; Everett 4th of July,
latitude 48°00.672′ N, 122°13.391′ W.
Additionally, a further change is
being made to Port Townsend Sunrise
Rotary. Coordinates will be revised to
read: Latitude 48°08.413′ N, longitude
122°45.531′ W as the original posting of
this rule listed the latitude as 47°08.413′
N instead of the intended 48°08.413′ N.
This change is a non-substantive
substitution that does not change the
originally intended size or shape of the
safety zone.
These safety zones 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, these
zones have an inconsequential impact
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Federal Register / Vol. 78, No. 96 / Friday, May 17, 2013 / Rules and Regulations
on the majority of waterway users.
These zones are also short in duration
and allow waterway users to enter or
transit through the zone when deemed
safe by the on-scene patrol commander.
Through this action, the COTP intends
to promote the safety of personnel,
vessels, and facilities in the area.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
wreier-aviles on DSK5TPTVN1PROD with RULES
1. 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 Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. The Coast Guard bases this
finding on the fact that the safety zones
listed will be in place for a limited
period of time and are minimal in
duration, and vessel traffic will be able
to transit around the safety zones.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. 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 received zero
comments from the Small Business
Administration on this rule. 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
affects the following entities, some of
which may be small entities: the owners
and operators of vessels intending to
operate in the waters covered by the
safety zone while it is in effect. This
rule does not have a significant
economic impact on a substantial
number of small entities because the
safety zones will be in place for limited
periods of time and maritime traffic will
still be able to transit around the safety
zones. Maritime traffic may also request
permission to transit through the zones
VerDate Mar<15>2010
15:13 May 16, 2013
Jkt 229001
from the COTP, Puget Sound or a
Designated Representative.
3. 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 rule. 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 the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
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.
4. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. 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
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
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.
8. 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.
9. 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.
10. 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.
11. 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.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. 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
E:\FR\FM\17MYR1.SGM
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Federal Register / Vol. 78, No. 96 / Friday, May 17, 2013 / Rules and Regulations
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that 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 involves the
amendment of safety zones listed in 33
CFR 165.1332. This rule is categorically
excluded from further review under
paragraph 34(g) of Figure 2–1 of the
Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
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. 1231; 46 U.S.C.
Chapters 701, 3306, 3707; 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. In § 165.1332, amend the table in
paragraph (a)(1) by:
■ a. Revising the entries for ‘‘Tacoma
Freedom Fair,’’ ‘‘City of Renton
Fireworks,’’ ‘‘Bainbridge Island
Fireworks,’’ ‘‘Brewster Fire Department
Fireworks,’’ and ‘‘Port Townsend
Sunrise Rotary;’’and
■ b. Adding entries for ‘‘Port Ludlow
Fireworks,’’ ‘‘Boston Harbor 4th of
July,’’ and ‘‘Everett 4th of July.’’
The revisions and additions read as
follows:
■
§ 165.1332 Safety Zones; Annual
Fireworks Displays within the Captain of the
Port Puget Sound Zone.
(a) * * *
(1) * * *
Event name
(typically)
Event location
Latitude
Tacoma Freedom Fair ....................
Commencement Bay ....................
47°17.103′ N .................................
122°28.410′ W
*
*
City of Renton Fireworks ................
*
*
*
Renton, Lake Washington ............ 47°30.386′ N .................................
*
122°12.502′ W
*
*
*
Bainbridge Island Fireworks ...........
*
*
*
Eagle Harbor ................................ 47°37.142′ N .................................
*
122°30.397′ W
*
*
*
Brewster Fire Department Fireworks.
*
*
*
Brewster ....................................... 48°05.362′ N .................................
*
119°47.147′ W
*
*
*
Port Townsend Sunrise Rotary ......
*
*
*
Port Townsend ............................. 48°08.413′ N .................................
*
122°45.531′ W
*
*
*
Port Ludlow Fireworks ....................
Boston Harbor 4th of July ..............
Everett 4th of July ..........................
*
*
*
Port Ludlow .................................. 47°55.161′ N .................................
Boston Harbor .............................. 47°08.626′ N .................................
Port Gardner ................................. 48°00.672′ N .................................
*
122°41.157′ W
122°54.149′ W
122°13.391′ W
*
*
*
*
*
*
[FR Doc. 2013–11750 Filed 5–16–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
wreier-aviles on DSK5TPTVN1PROD with RULES
[Docket No. USCG–2013–0274]
RIN 1625–AA00
Sea World San Diego Fireworks 2013
Season; Mission Bay, San Diego, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
VerDate Mar<15>2010
15:13 May 16, 2013
The Coast Guard is
establishing a safety zone on the
navigable waters of Mission Bay in
support of the Sea World San Diego
Fireworks 2013 season. This safety zone
is necessary to provide for the safety of
the participants, crew, spectators,
participating vessels, and other vessels
and users of the waterway. Persons and
vessels are prohibited from entering
into, transiting through, or anchoring
within this safety zone unless
authorized by the Captain of the Port, or
his designated representative.
DATES: This rule is effective from 8:50
p.m. on May 25, 2013, until 10 p.m. on
December 31, 2013. This rule will be
enforced during the time periods
mentioned in the SUPPLEMENTARY
INFORMATION section below.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2013–0274]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
SUMMARY:
Dated: April 24, 2013.
S. J. Ferguson,
Captain, U.S. Coast Guard, Captain of the
Port, Puget Sound.
Jkt 229001
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
Longitude
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. 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.
If
you have questions on this rule, call or
email Petty Officer Deborah Metzger,
Waterways Management, U.S. Coast
Guard Sector San Diego, Coast Guard;
telephone 619–278–7656, email d11-pfmarineeventssandiego@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Barbara
Hairston, Program Manager, Docket
Operations, telephone (202) 366–9826.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
E:\FR\FM\17MYR1.SGM
17MYR1
]]>Agencies
[Federal Register Volume 78, Number 96 (Friday, May 17, 2013)]
[Rules and Regulations]
[Pages 29023-29025]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11750]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-1001]
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 adding three new fireworks events and
correcting the location of five existing events outlined in 33 CFR
165.1332 to ensure public safety during annual firework displays at
various locations in the Captain of the Port, Puget Sound Area of
Responsibility. When these safety zones are activated and subject to
enforcement, this rule limits the movement of vessels within the
established firework display areas. These additions and corrections are
necessary to prevent injury and to protect life and property of the
maritime public from hazards associated with firework displays.
DATES: This rule is effective June 17, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-1001]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email ENS Nathaniel P. Clinger, Coast Guard Sector Puget Sound,
Waterways Management Division, U.S. Coast Guard; telephone (206) 217-
6045, email SectorPugetSoundWWM@uscg.mil. If you have questions on
viewing or submitting material to the docket, call Barbara Hairston,
Program Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
A. Regulatory History and Information
The Coast Guard published a notice of proposed rulemaking, Safety
Zones; Annual Firework Displays within the Captain of the Port (COTP),
Puget Sound Area of Responsibility, Docket No. USCG-2012-1001 on
February 5, 2013. The Coast Guard published the following temporary
final rules; Multiple Firework Displays within the Captain of the Port,
Puget Sound Area of Responsibility WA, Docket No. USCG-2010-0591 on
July 2, 2010, Docket No. USCG-2011-0450 on June 8, 2011, and Docket No.
USCG-2012-0488 on June 15, 2012. The Coast Guard received zero comments
submitted via regulations.gov and received zero requests for public
meeting for these regulations.
B. Basis and Purpose
This rule corrects the coordinates of five firework displays
outlined in 33 CFR 165.1332, located within the greater Puget Sound
Area, to accurately reflect the correct position of the firework
displays. This rule also adds three new firework display locations, and
changes the title of the rule to accurately reflect what is codified in
33 CFR 3.65-10. These actions are necessary in order to restrict vessel
movement and reduce vessel congregation in the proximity of firework
discharge sites to ensure maritime public safety.
C. Discussion of Comments, Changes and the Final Rule
This rule amends the following firework display positions: City of
Renton Fireworks; coordinates are revised to read: Latitude
47[deg]30.386[min] N, longitude 122[deg]12.502[min] W. Bainbridge
Island Fireworks; coordinates are revised to read: Latitude
47[deg]37.142[min] N, longitude 122[deg]30.397[min] W. Port Townsend
Sunrise Rotary; coordinates are revised to read: Latitude
48[deg]08.413[min] N, longitude 122[deg]45.531[min] W. Tacoma Freedom
Fair; coordinates are revised to read: Latitude 47[deg]17.103[min] N,
longitude 122[deg]28.410[min] W. Brewster 4th of July; coordinates are
revised to read: Latitude 48[deg]05.362[min] N, longitude
119[deg]47.147[min] W.
This rule adds the following firework displays: Port Ludlow
Fireworks, latitude 47[deg]55.161[min] N, longitude 122[deg]41.157[min]
W; Boston Harbor 4th of July, latitude 47[deg]08.626[min] N, longitude
122[deg]54.149[min] W; Everett 4th of July, latitude 48[deg]00.672[min]
N, 122[deg]13.391[min] W.
Additionally, a further change is being made to Port Townsend
Sunrise Rotary. Coordinates will be revised to read: Latitude
48[deg]08.413[min] N, longitude 122[deg]45.531[min] W as the original
posting of this rule listed the latitude as 47[deg]08.413[min] N
instead of the intended 48[deg]08.413[min] N. This change is a non-
substantive substitution that does not change the originally intended
size or shape of the safety zone.
These safety zones 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, these zones have an inconsequential
impact
[[Page 29024]]
on the majority of waterway users. These zones are also short in
duration and allow waterway users to enter or transit through the zone
when deemed safe by the on-scene patrol commander. Through this action,
the COTP intends to promote the safety of personnel, vessels, and
facilities in the area.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. 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 Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. The Coast Guard bases
this finding on the fact that the safety zones listed will be in place
for a limited period of time and are minimal in duration, and vessel
traffic will be able to transit around the safety zones.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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 received zero comments from the Small Business
Administration on this rule. 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 affects the following
entities, some of which may be small entities: the owners and operators
of vessels intending to operate in the waters covered by the safety
zone while it is in effect. This rule does not have a significant
economic impact on a substantial number of small entities because the
safety zones will be in place for limited periods of time and maritime
traffic will still be able to transit around the safety zones. Maritime
traffic may also request permission to transit through the zones from
the COTP, Puget Sound or a Designated Representative.
3. 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 rule. 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 the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
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.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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
[[Page 29025]]
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have determined that 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 involves the amendment of safety zones
listed in 33 CFR 165.1332. This rule is categorically excluded from
further review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. An environmental analysis checklist supporting this
determination and a Categorical Exclusion Determination are available
in the docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this rule.
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
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3707;
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. In Sec. 165.1332, amend the table in paragraph (a)(1) by:
0
a. Revising the entries for ``Tacoma Freedom Fair,'' ``City of Renton
Fireworks,'' ``Bainbridge Island Fireworks,'' ``Brewster Fire
Department Fireworks,'' and ``Port Townsend Sunrise Rotary;''and
0
b. Adding entries for ``Port Ludlow Fireworks,'' ``Boston Harbor 4th of
July,'' and ``Everett 4th of July.''
The revisions and additions read as follows:
Sec. 165.1332 Safety Zones; Annual Fireworks Displays within the
Captain of the Port Puget Sound Zone.
(a) * * *
(1) * * *
----------------------------------------------------------------------------------------------------------------
Event name (typically) Event location Latitude Longitude
----------------------------------------------------------------------------------------------------------------
Tacoma Freedom Fair.................. Commencement Bay....... 47[deg]17.103' N....... 122[deg]28.410' W
* * * * * * *
City of Renton Fireworks............. Renton, Lake Washington 47[deg]30.386' N....... 122[deg]12.502' W
* * * * * * *
Bainbridge Island Fireworks.......... Eagle Harbor........... 47[deg]37.142' N....... 122[deg]30.397' W
* * * * * * *
Brewster Fire Department Fireworks... Brewster............... 48[deg]05.362' N....... 119[deg]47.147' W
* * * * * * *
Port Townsend Sunrise Rotary......... Port Townsend.......... 48[deg]08.413' N....... 122[deg]45.531' W
* * * * * * *
Port Ludlow Fireworks................ Port Ludlow............ 47[deg]55.161' N....... 122[deg]41.157' W
Boston Harbor 4th of July............ Boston Harbor.......... 47[deg]08.626' N....... 122[deg]54.149' W
Everett 4th of July.................. Port Gardner........... 48[deg]00.672' N....... 122[deg]13.391' W
----------------------------------------------------------------------------------------------------------------
* * * * *
Dated: April 24, 2013.
S. J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2013-11750 Filed 5-16-13; 8:45 am]
BILLING CODE 9110-04-P
