[Federal Register Volume 72, Number 118 (Wednesday, June 20, 2007)]
[Rules and Regulations]
[Pages 33899-33901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11951]



[[Page 33899]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD13-07-017]
RIN 1625-AA00


Safety Zones: Fireworks Displays in the Captain of the Port Puget 
Sound Zone

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary safety zones on the 
waters of the Puget Sound, Lake Washington, and Lake Union, located in 
the Captain of the Port Puget Sound Zone, during several fireworks 
displays. This action is necessary to provide for the safety of life 
during these displays. Entry into these safety zones is prohibited 
unless authorized by the Captain of the Port or his designated 
representative.

DATES: This regulation is effective from June 30, 2007 through August 
26, 2007.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket (CGD13-07-017) and are available for 
inspection or copying at the U.S. Coast Guard Sector Seattle, 1519 
Alaskan Way South, Seattle, Washington 98134 between 8 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Petty Officer Stephen Knappe, c/o 
Captain of the Port, U.S. Coast Guard Sector Seattle, 1519 Alaskan Way 
South, Seattle, Washington 98134, (206) 217-6051.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for not publishing an NPRM and for 
making this rule effective less than 30 days after publication in the 
Federal Register. Publishing an NPRM would be contrary to public 
interest since immediate action is necessary to ensure the safety of 
vessels and spectators gathering in the vicinity of the various 
fireworks launching barges and displays. If normal notice and comment 
procedures were followed, this rule would not become effective until 
after the dates of the events. For this reason, following normal 
rulemaking procedures in this case would be impracticable and contrary 
to the public interest.

Background and Purpose

    The Coast Guard is establishing temporary safety zones to allow for 
safe fireworks displays. All events occur within the Captain of the 
Port, Puget Sound, WA, Area of Responsibility (AOR). These events may 
result in a number of vessels congregating near fireworks launching 
barges and sites. The safety zones are needed to protect watercraft and 
their occupants from safety hazards associated with fireworks displays. 
These safety zones will be enforced by representatives of the Captain 
of the Port, Puget Sound, Washington. The Captain of the Port may be 
assisted by other federal and local agencies.

Discussion of Rule

    Temporary safety zones are necessary to ensure the safety of 
spectators and vessels during several fireworks displays occurring 
between June 30 and August 25, 2007. Entry into these zones is 
prohibited unless authorized by the Captain of the Port, Puget Sound or 
his designated representative. The Captain of the Port, Puget Sound, 
Washington, will enforce these safety zones. The Captain of the Port 
may be assisted by other federal and local agencies.

Regulatory Evaluation

    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 this rule under that Order.
    This rule is not significant because the safety zones will 
encompass small portions of Puget Sound, Lake Washington, and Lake 
Union in the Puget Sound Captain of the Port's AOR on different dates, 
and all will be effective in the evening when vessel traffic volume is 
low.

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.
    This 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 Puget Sound, Lake Washington, or Lake Union during the 
times in section 2(a) of this rule. These safety zones will not have 
significant economic impact on a substantial number of small entities 
for the following reasons. Each safety zone will be in effect for no 
more than 2.5 hours when vessel traffic volume is low. Traffic will be 
allowed to pass through each zone with the permission of the Captain of 
the Port or his designated representatives.

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 the rule so that they can 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

[[Page 33900]]

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 the private sector of $100,000,000 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 affect 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. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs 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 Commandant Instruction M16475.1D 
and Department of Homeland Security Management Directive 5100.1, 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 
that there are no factors in this case that would limit the use of a 
categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (34)(g), of the Instruction, from further environmental 
documentation. Paragraph 34(g) is applicable because this rule 
establishes safety zones. A final ``Environmental Analysis Check List'' 
and a final ``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.

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 Chapter 701; 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 temporary Sec.  165.T13-012 to read as follows:


Sec.  165.T13-012  Safety Zones: Fireworks Displays in the Captain of 
the Port Puget Sound Zone.

    (a) Safety Zones. The following areas are safety zones:
    (1) Langlie's Old Fashioned Independence Celebration Fireworks 
Safety Zone, Port Madison, WA
    (i) Location. All waters of Port Madison, from surface to bottom, 
extending out to a 500 foot radius from the launch site at 
47[deg]44'49'' N, 122[deg]31'32'' W.
    (ii) Effective time and date. 9:30 p.m. to 10:30 p.m. on June 30, 
2007.
    (2) Boston Harbor 4th of July Celebration Fireworks Safety Zone, 
Boston Harbor, WA:
    (i) Location. All waters of Budd Inlet, from surface to bottom, 
extending out to a 400 foot radius from the launch site at 
47[deg]08'31'' N, 122[deg]54'20'' W.
    (ii) Effective time and date. 10 p.m. to 11 p.m. on July 3, 2007.
    (3) Deer Harbor Annual Fireworks Display Safety Zone, Deer Harbor, 
WA:
    (i) Location. All waters of Deer Harbor, from surface to bottom, 
extending out to a 500 foot radius from the launch site at 
48[deg]37'10'' N, 123[deg]00'15'' W.
    (ii) Effective time and date. 10 p.m. to 11 p.m. on July 3, 2007.
    (4) Poulsbo 3rd of July Fireworks Display Safety Zone, Poulsbo, WA:
    (i) Location. All waters of Liberty Bay, from surface to bottom, 
extending out to a 400 foot radius from the launch site at 
47[deg]44'00'' N, 122[deg]39'15'' W.
    (ii) Effective time and date. 10 p.m. to 11 p.m. on July 3, 2007.
    (5) Olele Point Patriotic Celebration Fireworks Safety Zone, Port 
Ludlow, WA:
    (i) Location. All waters of Liberty Bay, from surface to bottom, 
extending out to a 400 foot radius from the launch site at 
47[deg]58'30'' N, 122[deg]41'30'' W.
    (ii) Effective time and date. 9 p.m. to 10:30 p.m. on July 4, 2007.
    (6) Kingston Fireworks Display Safety Zone, Kingston, WA:
    (i) Location. All waters of Appletree Cove, from surface to bottom, 
extending out to a 400 foot radius from the launch site at 
47[deg]47'25'' N, 122[deg]29'55'' W.
    (ii) Effective time and date. 10 p.m. to 11 p.m. on July 4, 2007.
    (7) Des Moines 4th of July, Des Moines, WA:
    (i) Location. All waters of East Passage, from surface to bottom, 
extending out to a 400 foot radius from the launch site at 
47[deg]24'10'' N, 122[deg]20'05'' W.
    (ii) Effective time and date. 10 p.m. to 11 p.m. on July 4, 2007.
    (8) Steilacoom Annual 4th of July Fireworks Safety Zone, 
Steilacoom, WA:

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    (i) Location. All waters of Steilacoom Bay, from surface to bottom, 
extending out to a 1300 foot radius from the launch site at 
47[deg]10'24'' N, 122[deg]36'12'' W.
    (ii) Effective time and date. 8 p.m. to 10:30 p.m. on July 4, 2007.
    (9) 4th of July Fireworks Show Safety Zone, Everett, WA:
    (i) Location. All waters of Possession Sound, from surface to 
bottom, extending out to a 1000 foot radius from the launch site at 
47[deg]59'00'' N, 122[deg]14'35'' W.
    (ii) Effective time and date. 10 p.m. to 11 p.m. on July 4, 2007.
    (10) Everett 4th of July Celebration Fireworks Safety Zone, 
Everett, WA:
    (i) Location. All waters of Port Gardner, from surface to bottom, 
extending out to a 1300 foot radius from the launch site at 
47[deg]59'56'' N, 122[deg]14'22'' W.
    (ii) Effective time and date. 10 p.m. to 11 p.m. on July 4, 2007.
    (11) Henderson Bay Fireworks Display Safety Zone, Gig Harbor, WA:
    (i) Location. All waters of Carr Inlet, from surface to bottom, 
extending out to a 700 foot radius from the launch site at 
47[deg]21'48'' N, 122[deg]38'22'' W.
    (ii) Effective time and date. 10 p.m. to 11 p.m. on July 4, 2007.
    (12) Vashon Island, Quartermaster Harbor Fireworks Safety Zone, WA:
    (i) Location. All waters of Quartermaster Harbor, from surface to 
bottom, extending out to a 1300 foot radius from the launch site at 
47[deg]24'00'' N, 122[deg]27'00'' W.
    (ii) Effective time and date. 10 p.m. to 11 p.m. on July 4, 2007.
    (13) Renton 4th of July Display Fireworks Safety Zone, Renton, WA:
    (i) Location. All waters of Lake Washington, from surface to 
bottom, extending out to a 400 foot radius from the launch site at 
47[deg]30'25'' N, 122[deg]12'25'' W.
    (ii) Effective time and date. 10 p.m. to 11 p.m. on July 4, 2007.
    (14) Three Tree Point Fireworks Safety Zone, Burien, WA:
    (i) Location. All waters of East Passage, from surface to bottom, 
extending out to a 400 foot radius from the launch site at 
47[deg]27'02'' N, 122[deg]23'07'' W.
    (ii) Effective time and date. 10 p.m. to 11 p.m. on July 4, 2007.
    (15) Yarrow Point 4th of July Fireworks Safety Zone, Yarrow Point, 
WA:
    (i) Location. All waters of Lake Washington, from surface to 
bottom, extending out to a 400 foot radius from the launch site at 
47[deg]39'45'' N, 122[deg]13'30'' W.
    (ii) Effective time and date. 10 p.m. to 11 p.m. on July 4, 2007.
    (16) WAMU Family 4th Fireworks Safety Zone, Seattle, WA:
    (i) Location. All waters of Lake Union, from surface to bottom, 
extending out to a 1000 foot radius from the launch site at 
47[deg]38'24'' N, 122[deg]20'05'' W.
    (ii) Effective time and date. 10 p.m. to 11 p.m. on July 4, 2007.
    (17) Haggens 4th July Blast Over Bellingham Bay Fireworks Safety 
Zone, Bellingham, WA:
    (i) Location. All waters of Bellingham Bay, from surface to bottom, 
extending out to a 1300 foot radius from the launch site at 
48[deg]44'58'' N, 122[deg]29'34'' W.
    (ii) Effective time and date. 10 p.m. to 11 p.m. on July 4, 2007.
    (18) Port Orchard 4th of July Fireworks Safety Zone, Port Orchard, 
WA:
    (i) Location. All waters of Port Orchard, from surface to bottom, 
extending out to a 1000 foot radius from the launch site at 
48[deg]32'53'' N, 122[deg]37'55'' W.
    (ii) Effective time and date. 9 p.m. to 11 p.m. on July 4, 2007.
    (19) Kirkland 4th of July Fireworks Safety Zone, Kirkland, WA:
    (i) Location. All waters of Lake Washington, from surface to 
bottom, extending out to a 700 foot radius from the launch site at 
47[deg]40'19'' N, 122[deg]12'47'' W.
    (ii) Effective time and date. 10 p.m. to 11 p.m. on July 4, 2007.
    (20) Lake Forest Park July 4th Fireworks Safety Zone, Lake Forest, 
WA:
    (i) Location. All waters of Lake Washington, from surface to 
bottom, extending out to a 400 foot radius from the launch site at 
47[deg]45'07'' N, 122[deg]16'22'' W.
    (ii) Effective time and date. 10 p.m. to 11 p.m. on July 4, 2007.
    (21) Mercer Island Summer Celebration Fireworks Safety Zone, Mercer 
Island, WA:
    (i) Location. All waters of Lake Washington, from surface to 
bottom, extending out to a 700 foot radius from the launch site at 
47[deg]35'31'' N, 122[deg]13'14'' W.
    (ii) Effective time and date. 10 p.m. to 11 p.m. on July 14, 2007.
    (22) Whaling Days Fireworks Safety Zone, Silverdale, WA:
    (i) Location. All waters of Dyes Inlet, from surface to bottom, 
extending out to a 800 foot radius from the launch site at 
47[deg]38'36'' N, 122[deg]41'18'' W.
    (ii) Effective time and date. 9 p.m. to 11 p.m. on July 27, 2007.
    (23) Barghausens Annual Fireworks Display Safety Zone, Olympia, WA:
    (i) Location. All waters of Case Inlet, from surface to bottom, 
extending out to a 1300 foot radius from the launch site at 
47[deg]11'20'' N, 122[deg]50'00'' W.
    (ii) Effective time and date. 9 p.m. to 11 p.m. on August 3, 2007.
    (24) Medina Days Fireworks Safety Zone, Medina, WA:
    (i) Location. All waters of Lake Washington, from surface to 
bottom, extending out to a 400 foot radius from the launch site at 
47[deg]36'53'' N, 122[deg]14'93'' W.
    (ii) Effective time and date. 10 p.m. to 11 p.m. on August 11, 
2007.
    (25) ESAM Surprise Party Fireworks Safety Zone, Seattle, WA:
    (i) Location. All waters of Lake Washington, from surface to 
bottom, extending out to a 500 foot radius from the launch site at 
47[deg]38'37'' N, 122[deg]20'08'' W.
    (ii) Effective time and date. 10 p.m. to 11 p.m. on August 11, 
2007.
    (26) Town and Country Markets Fireworks Safety Zone, Bainbridge, 
WA:
    (i) Location. All waters of Eagle Harbor, from surface to bottom, 
extending out to a 1300 foot radius from the launch site at 
47[deg]37'06'' N, 122[deg]30'24'' W.
    (ii) Effective time and date. 9 p.m. to 11 p.m. on August 25, 2007.
    (b) Definitions. Designated representative means a Coast Guard 
Patrol Commander, including a Coast Guard coxswain, petty officer, or 
other officer operating a Coast Guard vessel and a Federal, State, and 
local officer designated by or assisting the Captain of the Port.
    (c) Regulations. In accordance with the general regulations in 
Section 165.23 of this part, no person or vessel may enter or remain in 
this zone unless authorized by the Captain of the Port or his 
designated representatives.

    Dated: June 5, 2007.
Mark J. Huebschman,
Commander, U.S. Coast Guard, Acting Captain of the Port, Puget Sound, 
WA.
 [FR Doc. E7-11951 Filed 6-19-07; 8:45 am]
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