[Federal Register Volume 78, Number 24 (Tuesday, February 5, 2013)]
[Proposed Rules]
[Pages 8063-8066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02432]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-1001]
RIN 1625-AA00


Safety Zones; Annual Firework Displays Within the Captain of the 
Port, Puget Sound Area of Responsibility, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to add three new fireworks events and 
to correct the location of five existing events to ensure public safety 
during annual firework displays at various locations in the Captain of 
the Port (COTP), Puget Sound Area of Responsibility (AOR). When these 
safety zones are activated and subject to enforcement, this rule would 
limit the movement of vessels within the established firework display 
areas. These additions and corrections are necessary to prevent injury 
and to protect life and property of the maritime public from hazards 
associated with firework displays.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 8, 2013.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-1001 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email ENS Nathaniel P. Clinger, Coast Guard Sector Puget 
Sound, Waterways Management Division, U.S. Coast Guard; telephone (206) 
217-6045, email

[[Page 8064]]

[email protected]. If you have questions on viewing or 
submitting material to the docket, call Barbara Hairston, 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. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2012-1001), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online at http://www.regulations.gov, or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online, it will be considered received by the Coast Guard when 
you successfully transmit the comment. If you fax, hand deliver, or 
mail your comment, it will be considered as having been received by the 
Coast Guard when it is received at the Docket Management Facility. We 
recommend that you include your name and a mailing address, an email 
address, or a telephone number in the body of your document so that we 
can contact you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2012-1001] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number ``USCG-2012-1001'' 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.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    The Coast Guard published the following Temporary Final Rules: 
Safety Zones; Multiple Firework Displays in Captain of the Port, Puget 
Sound Area of Responsibility, 2010 Docket No. USCG-2010-0591, 2011 
Docket No. USCG-2011-0450, and 2012 Docket No. USCG-2012-0488. The 
Coast Guard received no negative comments or complaints pertaining to 
these rules.

C. Basis and Purpose

    There is a need to correct the coordinates of five firework 
displays outlined in 33 CFR 165.1332, located within the greater Puget 
Sound Area, to accurately reflect the correct position of the firework 
displays. Additionally, three new firework display locations have been 
added to area, and the title of the rule does not accurately reflect 
what is codified in 33 CFR 3.65-10. These corrections and additions are 
necessary in order to restrict vessel movement and reduce vessel 
congregation in the proximity of firework discharge sites ensuring 
maritime public safety.

D. Discussion of Proposed Rule

    This rule proposes to amend the following firework display 
positions: City of Renton Fireworks. Coordinates will be revised to 
read: latitude 47[deg] 30.386' N, longitude 122[deg] 12.502' W; 
Bainbridge Island Fireworks. Coordinates will be revised to read: 
latitude 47[deg] 37.142' N, longitude 122[deg] 30.397' W; Port Townsend 
Sunrise Rotary. Coordinates will be revised to read: latitude 48[deg] 
08.413' N, longitude 122[deg] 45.531' W; Tacoma Freedom Fair. 
Coordinates will be revised to read: latitude 47[deg] 17.103' N, 
longitude 122[deg] 28.410' W; Brewster 4th of July. Coordinates will be 
revised to read: latitude 48[deg] 05.362' N, longitude 119[deg] 47.147' 
W.
    This rule proposes to add the following firework displays: Port 
Ludlow Fireworks, latitude 47[deg] 55.161' N, longitude 122[deg] 
41.157' W; Boston Harbor 4th of July, latitude 47[deg] 08.626' N, 
longitude 122[deg] 54.149' W; Everett 4th of July, latitude 48[deg] 
00.672' N, 122[deg] 13.391' W.
    These safety zones will extend 450 yards from their launch site. 
This zone size allows for the use of up to a 16'' mortar shell in 
annual firework displays. However, safety zones will be only be 
enforced for the appropriate size for the largest mortar shell used. 
These zones are nominal in size and are typically positioned in areas 
which allow for transit around the zone. Thus, these zones have an 
inconsequential impact on the majority of waterway users. These zones 
are also short in duration and allow waterway users to enter or transit 
through the zone when deemed safe by the on-scene patrol commander. 
Through this action, the COTP intends to promote the safety of 
personnel, vessels, and facilities in the area.

E. Regulatory Analyses

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

1. Regulatory Planning and Review

    This proposed 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

[[Page 8065]]

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. The Coast Guard bases this finding on 
the fact that the safety zones listed will be in place for a limited 
period of time and are minimal in duration, and vessel traffic will be 
able to transit around the safety zones.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. The term 
``Small entities'' comprises small business, 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This rule would affect the following 
entities, some of which may be small entities; the owners and operators 
of vessels intending to operate in the waters covered by the safety 
zone while it is in effect. This rule would not have a significant 
economic impact on a substantial number of small entities because the 
safety zone would be in place for limited periods of time and maritime 
traffic would still be able to transit around the safety zone. Maritime 
traffic may also request permission to transit through the zone from 
the COTP, Puget Sound or a Designated Representative.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

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 proposed 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. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

4. Collection of Information

    This proposed 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 proposed 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 
Information 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would 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 proposed 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 From Environmental Health Risks

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

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed rule 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed 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 
made a preliminary determination 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 amendment of 
safety zones listed in 33 CFR 165.1332. This rule is categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. A preliminary environmental analysis checklist 
supporting this determination 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 proposed rule.

[[Page 8066]]

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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, 
3707; 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. In Sec.  165.1332, amend the table in paragraph (a)(1) by:
    a. Revising the entries for ``City of Renton Fireworks,'' 
``Bainbridge Island Fireworks,'' and ``Port Townsend Sunrise Rotary''; 
and
    b. Adding entries for ``Tacoma Freedom Fair,'' ``Brewster 4th of 
July,'' ``Port Ludlow Fireworks,'' ``Boston Harbor 4th of July,'' and 
``Everett 4th of July.''
    The revisions and additions read as follows:


Sec.  165.1332  Safety Zones; Annual Fireworks Displays within the 
Captain of the Port Puget Sound Zone.

    (a) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
            Event name                  Event location              Latitude                   Longitude
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
City of Renton Fireworks..........  Renton, Lake           47[deg] 30.386' N.........  122[deg] 12.502' W
                                     Washington.
 
                                                  * * * * * * *
Bainbridge Island Fireworks.......  Eagle Harbor.........  47[deg] 37.142' N.........  122[deg] 30.397' W
 
                                                  * * * * * * *
Port Townsend Sunrise Rotary......  Port Townsend........  47[deg] 08.413' N.........  122[deg] 45.531' W
 
                                                  * * * * * * *
Tacoma Freedom Fair...............  Commencement Bay.....  47[deg] 17.103' N.........  122[deg] 28.410' W
Brewster 4th of July..............  Brewster.............  48[deg] 05.362' N.........  119[deg] 47.147' W
Port Ludlow Fireworks.............  Port Ludlow..........  47[deg] 55.161' N.........  122[deg] 41.157' W
Boston Harbor 4th of July.........  Boston Harbor........  47[deg] 08.626' N.........  122[deg] 54.149' W
Everett 4th of July...............  Port Gardner.........  48[deg] 00.672' N.........  122[deg] 13.391' W
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: January 14, 2013.
S. J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2013-02432 Filed 2-4-13; 8:45 am]
BILLING CODE 9110-04-P