[Federal Register Volume 77, Number 116 (Friday, June 15, 2012)]
[Rules and Regulations]
[Pages 35852-35854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14709]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0488]
RIN 1625-AA00


Safety Zones; Multiple Firework Displays in 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 safety zones in Boston Harbor, 
Holmes Harbor, Port Gardner and Port Townsend for various summer 
fireworks displays. The safety zones are necessary to help ensure the 
safety of the maritime public during the displays and will do so by 
prohibiting all persons and vessels from entering the safety zones 
unless authorized by the Captain of the Port or his designated 
representative.

DATES: This rule is effective from 5 p.m. on July 3, 2012, until 1 a.m. 
on July 5, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2012-0488. To view documents mentioned in this preamble as being 
available in the docket, go to http://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 Anthony P. LaBoy, Coast Guard Sector Puget Sound, 
Waterways Management Division; telephone 206-217-6323, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call

[[Page 35853]]

Renee V. Wright, Program Manager, Docket Operations, telephone (202) 
366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and 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.'' Given the short time until the fireworks displays commence, 
it would be impracticable to issue an NPRM and subsequent final rule 
before the commencement of the fireworks displays. For that reason, we 
find there is good cause to issue this final rule without notice and 
comment.
    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 to do so would be impracticable, since the 
events would be over before notice could be given and comments taken, 
and it is immediately necessary to protect the events' spectators from 
the hazards associated with fireworks displays.

B. Basis and Purpose

    (a) The authority for this action can be found in 33 CFR 1.05-1(f).
    (b) Fireworks displays create hazardous conditions for the maritime 
public because of the large number of vessels that congregate near the 
displays as well as the noise, falling debris, and explosions that 
occur during the event. The establishment of a safety zone around 
displays helps to ensure the safety of the maritime public by 
prohibiting all persons and vessels from coming too close to the 
fireworks display and the associated hazards.

C. Discussion of the Final Rule

    This rule establishes four safety zones for the following firework 
displays: Boston Harbor Fireworks on July 3, 2012 in Boston Harbor near 
Olympia, WA; Celebrate America Festival on July 3, 2012 in Holmes 
Harbor near Freeland, WA; Everett 4th of July Foundation on July 4, 
2012 in Port Gardner near Everett, WA; and Port Townsend July 4th 
Fireworks on July 4, 2012 in Port Townsend near Point Hudson. All 
persons and vessels will be prohibited from entering the safety zones 
during the dates and times they are effective unless authorized by the 
Captain of the Port or his Designated Representative.

D. 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.

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. This rule is not a 
significant regulatory action because it creates safety zones that are 
minimal in size and short in duration.

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 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 
through the established safety zones during the times of enforcement. 
This rule will not have a significant economic impact on a substantial 
number of small entities because the temporary safety zones are minimal 
in size and short in duration, maritime traffic will be able to transit 
around them and may be permitted to transit them with permission from 
the Captain of the Port or his 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 
INTFORMATION 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.

[[Page 35854]]

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 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 establishment of safety zones. This 
rule is categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of the Commandant Instruction. An environmental 
analysis checklist 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 
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. 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.T13-220 to read as follows:


Sec.  165.T13-220  Safety Zones; Multiple Firework Displays in Captain 
of the Port, Puget Sound Zone

    (a) Location. The following areas are designated as safety zones:
    (1) Boston Harbor Fireworks, Boston Harbor, Olympia, WA: All waters 
of Boston Harbor encompassed within a 100 yard radius around position 
47[deg]08.626' N, 122[deg]54.149' W.
    (2) Celebrate America Festival, Holmes Harbor, Freeland, WA: All 
waters of Holmes Harbor encompassed within a 200 yard radius around 
position 48[deg]01.048' N, 122[deg]31.866' W.
    (3) Everett Fourth of July Foundation, Port Gardner, Everett, WA: 
All waters of Port Gardner encompassed within a 300 yard radius around 
position 48[deg]00.672' N, 122[deg]13.391' W.
    (4) Port Townsend July 4th Fireworks, Point Hudson, Port Townsend, 
WA: All waters of Port Townsend encompassed within a 150 yard radius 
around position 48[deg]06.900' N, 122[deg]45.120' W.
    (b) Regulations. In accordance with the general regulations in 33 
CFR part 165, subpart C, no person or vessel may enter or remain in the 
safety zone created by this section without the permission of the 
Captain of the Port or his designated representative. Designated 
representatives are Coast Guard Personnel authorized by the Captain of 
the Port to grant persons or vessels permission to enter or remain in 
the safety zone created by this section. See 33 CFR part 165, Subpart 
C, for additional information and requirements.
    (c) Enforcement Period. The safety zones created by this section 
will be enforced as follows:
    (1) Boston Harbor Fireworks, Boston Harbor, Olympia, WA: 5 p.m. on 
July 3, 2012 until 1 a.m. on July 4, 2012.
    (2) Celebrate America Festival, Holmes Harbor, Freeland, WA: 5 p.m. 
on July 3, 2012 until 1 a.m. on July 4, 2012.
    (3) Everett Fourth of July Foundation, Port Gardner, Everett, WA: 5 
p.m. July 4, 2012 until 1 a.m. on July 5, 2012.
    (4) Port Townsend July 4th Fireworks, Point Hudson, Port Townsend, 
WA: 5 p.m. on July 4, 2012 until 1 a.m. on July 5, 2012.

    Dated: June 1, 2012.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2012-14709 Filed 6-14-12; 8:45 am]
BILLING CODE 9110-04-P