[Federal Register Volume 75, Number 56 (Wednesday, March 24, 2010)]
[Rules and Regulations]
[Pages 14072-14074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6445]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0143]
RIN 1625-AA00


Safety Zones; March Fireworks Displays Within the Captain of the 
Port Puget Sound Area of Responsibility (AOR)

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Coast Guard is establishing two safety zones on the 
waters of Puget Sound, WA for firework displays. This action is 
necessary to provide for the safety of life on navigable waters during 
the fireworks 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: Effective Date: this rule is effective in the CFR from March 24, 
2010 until 12:01 a.m. March 28, 2010. This rule is effective with 
actual notice for purposes of enforcement beginning 7 p.m. March 6, 
2010, unless canceled sooner by the Captain of the Port.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0143 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0143 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 
temporary 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 it is contrary to public interest to 
delay the effective date of this rule. Delaying the effective date by 
first publishing an NPRM would be contrary to the safety zone's 
intended objectives since immediate action is needed to protect persons 
and vessels against the hazards associated with fireworks displays on 
navigable waters. Such hazards include premature detonations, dangerous 
projectiles and falling or burning debris.
    For the same reasons as above, 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. Due to the need 
for immediate action, the restriction of vessel traffic is necessary to 
protect life, property and the environment; therefore, a 30-day notice 
is impracticable. Delaying the effective date would be contrary to the 
safety zone's intended objectives of protecting persons and vessels 
involved in the event, and enhancing public and maritime safety.

Background and Purpose

    Fireworks displays are frequently held from locations on or near 
the navigable waters of the United States. The potential hazards 
associated with fireworks displays are a safety concern during such 
events. The purpose of this rule is to promote public and maritime 
safety during fireworks displays, and to protect mariners transiting 
the area from the potential hazards associated with the fireworks 
displays, such as the accidental discharge of fireworks, dangerous 
projectiles, and falling hot embers or other debris. This rule is 
needed to ensure safety on the waterway during the scheduled events.
    This rule will control the movement of all vessel operators in a 
regulated area surrounding the fireworks events indicated in this 
Temporary Final Rule.
    Entry into these zones by all vessel operators or persons will be 
prohibited

[[Page 14073]]

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.

Discussion of Rule

    The U.S. Coast Guard is establishing temporary safety zones to 
allow for safe fireworks displays. A safety zone for the Farmer's 100th 
Anniversary will be enforced from 7 p.m. to 11:30 p.m. on March 6, 2010 
on all waters in the proximity of Pier 66, Elliot Bay, WA extending to 
a 400 foot radius from the launch site at 47[deg]36'31.54'' N 
122[deg]21'06.00'' W. The safety zone for the General Construction 
Event will be enforced from 6 p.m. to 11:30 p.m. on March 27, 2010 on 
all waters in the proximity of Pier 66, Elliot Bay, WA extending to a 
600 foot radius from the launch site at 47[deg]36' 55.00'' N 
122[deg]21'05.80'' W. These safety zones do not extend onto land.
    These events may result in a number of vessels congregating near 
fireworks launching barges. These 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 
these safety zones. Vessels will be allowed to transit the waters of 
the Puget Sound outside the safety zone. Notification of the temporary 
safety zone will be provided to the public via marine information 
broadcasts.

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 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 final rule will affect the following entities, some 
of which may be small entities: The owners or operators of vessels 
intending to transit a portion of the affected waterways while this 
rule is enforced. These safety zones will not have significant economic 
impact on a substantial number of small entities for the following 
reasons. This temporary rule will be in effect for short periods of 
time, when vessel traffic volume is low and is comprised of mostly 
small pleasure craft. If safe to do so, traffic will be allowed to pass 
through these safety zones with the permission of the Captain of the 
Port or Designated Representative.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), 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 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not

[[Page 14074]]

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 establishing temporary safety 
zones. 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.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR Part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapters 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1


0
2. Add Sec.  165.T13-132 to read as follows:


Sec.  165.T13-132  Safety Zones; March Fireworks displays within the 
Captain of the Port, Puget Sound Area of Responsibility (AOR).

    (a) Safety Zones. The following areas are designated safety zones:
    (1) Farmer's 100th Anniversary, Elliot Bay, WA
    (i) Location. All waters in the proximity of Pier 66, Elliot Bay, 
WA in an area extending to a 400 foot radius from the launch site at 
47[deg]36'31.54'' N 122[deg]21'06.00'' W.
    (ii) Enforcement time and date. 7 p.m. to 11:30 p.m. on March 6, 
2010.
    (2) General Construction Event, Elliot Bay, WA
    (i) Location. All waters in the proximity of Pier 66, Elliot Bay, 
WA in an area extending to a 600 foot radius from the launch site at 
47[deg]36'55.00'' N 122[deg]21'05.80'' W.
    (ii) Enforcement time and date. 6 p.m. to 11:30 p.m. on March 27, 
2010.
    (b) Regulations. In accordance with the general regulations in 33 
CFR Part 165, Subpart C, no vessel operator may enter, transit, moor, 
or anchor within these safety zones, 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 7 p.m. March 6, 
2010 through 12:01 a.m. March 28, 2010 unless canceled sooner by the 
Captain of the Port.

    Dated: March 5, 2010.
S.E. Englebert,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2010-6445 Filed 3-23-10; 8:45 am]
BILLING CODE 9110-04-P