[Federal Register Volume 76, Number 192 (Tuesday, October 4, 2011)]
[Rules and Regulations]
[Pages 61263-61266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25344]


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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.

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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 http://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 [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 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.

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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) * * *

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            Event name                 Event location              Latitude                    Longitude
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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
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* * * * *

    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