[Federal Register Volume 74, Number 174 (Thursday, September 10, 2009)]
[Rules and Regulations]
[Pages 46491-46493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21757]



[[Page 46491]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0752]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The U.S. Coast Guard is establishing safety zones on the 
waters of the Puget Sound located in the Captain of the Port Puget 
Sound Zone during multiple fireworks displays. This action is necessary 
to provide for the safety of life and avoidance of injury resulting 
from these displays. 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: The effective date of this temporary final rule is September 10, 
2009 through 8 a.m. on September 13, 2009 unless canceled sooner by the 
Captain of the Port. This temporary final rule was enforced with actual 
notice by Coast Guard personnel beginning at 8 a.m. on August 22, 2009. 
Rules enforced through actual notice are superseded by this rule as of 
September 10, 2009.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2009-0752 and are available online 
by going to http://www.regulations.gov, inserting USCG-2009-0752 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 ENS Ashley M. Wanzer, Waterways Management, Sector 
Seattle, Coast Guard; telephone 206-217-6175, e-mail 
[email protected]. 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 temporary 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 immediate action is necessary to 
ensure public safety due to inherent hazards that may exist in 
conjunction with these fireworks events.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Immediate action is necessary to 
ensure public safety since these events encompass the launching of 
projectiles over a marine environment with the fallout of hot debris 
and flammable materials in a vicinity of public marine traffic and 
spectators.

Background and Purpose

    The U.S. Coast Guard is establishing temporary safety zones to 
allow for safe fireworks displays. The effective time is from 8 a.m. on 
August 22, 2009 through 8 a.m. on September 13, 2009 unless canceled 
sooner by the Captain of the Port. All events occur within the Captain 
of the Port, Puget Sound, WA, Area of Responsibility (AOR). The 
following areas are designated safety zones:
    (1) John Eddy Wedding, Magnolia Bluff, WA.
    (i) Location. All water of Magnolia Bluff, WA extending to a 500' 
radius from the launch site at 49[deg]38'59.25'' N 122[deg]25'21.34'' 
W.
    (ii) Enforcement time and date. 9 p.m. to 11:30 p.m. on August 22, 
2009.
    (2) True Colors Event, Blaine, WA.
    (i) Location. All water of Blaine, WA extending to a 300' radius 
from the launch site at 48[deg]59'29.25'' N 122[deg]46'20.36'' W.
    (ii) Enforcement time and date. 9 p.m. to 11:30 p.m. on September 
6, 2009.
    (3) Kirkland Concours D'Elegence, Kirkland, WA.
    (i) Location. All water of Kirkland, Lake Washington, WA extending 
out to a 400' radius from the launch site at 47[deg]39'31.27'' N 
122[deg]12'26.35'' W.
    (ii) Enforcement time and date. 9 p.m. to 11:30 p.m. on September 
12, 2009.
    (4) Mikilteo Lighthouse Festival, Possession Sound, WA.
    (i) Location. All water of Possession Sound, WA extending out to a 
800' radius from the launch site at 47[deg]56'54'' N 122[deg]18'36'' W.
    (ii) Enforcement time and date. 8:30 p.m. to 11:30 p.m. on 
September 12, 2009.
    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. The Captain of the Port Puget Sound may be 
assisted by other Federal and local agencies in the enforcement of this 
safety zone.

Discussion of Rule

    This rule will control the movement of all vessels and persons in a 
regulated area surrounding the fireworks events indicated in this 
Temporary Final Rule. The safety zones do not extend on land.
    The U.S. Coast Guard through this action intends to promote the 
safety of vessels and spectators during fireworks displays and 
activities associated with these events. Entry into this zone by all 
vessels or persons will be prohibited unless authorized by the Captain 
of the Port or Designated Representative. The Captain of the Port may 
be assisted by other Federal, State, or local agencies as needed.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. This rule is not a significant regulatory 
action because it is short in duration and does not affect a large area 
or a critical waterway.

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

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owned and operated and are not dominant in their fields, and 
governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This temporary rule will affect the following entities, some of 
which may be small entities: The owners or operators of vessels 
intending to transit a portion of the Puget Sound while this rule is 
enforced. These safety zones will not have significant economic impact 
on a substantial number of small entities for the following reasons. 
This temporary rule will be in effect for minimal times when vessel 
traffic volume is low and are limited in size. If safe to do so, 
traffic will be allowed to pass through the zone with the permission of 
the Captain of the Port or Designated Representative.
    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.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or Tribal government, in 
the aggregate, or by the private sector of $100,000,000 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. 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 which 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 multiple safety zones 
on the waters of Puget Sound established for one week or longer to deal 
with an emergency situation.
    An ``Environmental Analysis Check List'' and a ``Categorical 
Exclusion Determination'' will be available in the docket.

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. Chapters 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;

[[Page 46493]]

Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add temporary Sec.  165.T13-107 to read as follows:


Sec.  165.T13-107  Safety Zones: Fireworks displays within the Captain 
of the Port, Puget Sound Zone.

    (a) Safety Zones. The following areas are designated safety zones:
    (1) John Eddy Wedding, Magnolia Bluff, WA.
    (i) Location. All water of Magnolia Bluff, WA extending to a 500' 
radius from the launch site at 49[deg]38'59.25'' N 122[deg]25'21.34'' 
W.
    (ii) Enforcement time and date. 9 p.m. to 11:30 p.m. on August 22, 
2009.
    (2) True Colors Event, Blaine, WA.
    (i) Location. All water of Blaine, WA extending to a 300' radius 
from the launch site at 48[deg]59'29.25'' N 122[deg]46'20.36'' W.
    (ii) Enforcement time and date. 9 p.m. to 11:30 p.m. on September 
6, 2009.
    (3) Kirkland Concours D'Elegence, Kirkland, WA.
    (i) Location. All water of Kirkland, Lake Washington, WA extending 
out to a 400' radius from the launch site at 47[deg]39'31.27'' N 
122[deg]12'26.35'' W.
    (ii) Enforcement time and date. 9 p.m. to 11:30 p.m. on September 
12, 2009.
    (4) Mikilteo Lighthouse Festival, Possession Sound, WA.
    (i) Location. All water of Possession Sound, WA extending out to an 
800' radius from the launch site at 47[deg]56'54'' N 122[deg]18'36'' W.
    (ii) Enforcement time and date. 8:30 p.m. to 11:30 p.m. on 
September 12, 2009.
    (b) Regulations. In accordance with the general regulations in 33 
CFR Part 165, Subpart C, no vessel may enter, transit, moor, or anchor 
within this safety zone, except for vessels authorized by the Captain 
of the Port or Designated Representative.
    (c) Authorization. All vessel operators who desire to enter the 
safety zone must obtain permission from the Captain of the Port or 
Designated Representative by contacting either the on-scene patrol 
craft on VHF Ch 13 or Ch 16 or the Coast Guard Sector Seattle Joint 
Harbor Operations Center (JHOC) via telephone at (206) 217-6002.
    (d) Effective Period. This rule is effective from 8 a.m. on August 
22, 2009 through 8 a.m. on September 13, 2009 unless canceled sooner by 
the Captain of the Port.

    Dated: August 20, 2009.
Suzanne E. Englebert,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. E9-21757 Filed 9-9-09; 8:45 am]
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