[Federal Register Volume 78, Number 96 (Friday, May 17, 2013)]
[Rules and Regulations]
[Pages 29023-29025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11750]


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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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is adding three new fireworks events and 
correcting the location of five existing events outlined in 33 CFR 
165.1332 to ensure public safety during annual firework displays at 
various locations in the Captain of the Port, Puget Sound Area of 
Responsibility. When these safety zones are activated and subject to 
enforcement, this rule limits 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: This rule is effective June 17, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-1001]. 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 Nathaniel P. Clinger, Coast Guard Sector Puget Sound, 
Waterways Management Division, U.S. Coast Guard; telephone (206) 217-
6045, email [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

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register

A. Regulatory History and Information

    The Coast Guard published a notice of proposed rulemaking, Safety 
Zones; Annual Firework Displays within the Captain of the Port (COTP), 
Puget Sound Area of Responsibility, Docket No. USCG-2012-1001 on 
February 5, 2013. The Coast Guard published the following temporary 
final rules; Multiple Firework Displays within the Captain of the Port, 
Puget Sound Area of Responsibility WA, Docket No. USCG-2010-0591 on 
July 2, 2010, Docket No. USCG-2011-0450 on June 8, 2011, and Docket No. 
USCG-2012-0488 on June 15, 2012. The Coast Guard received zero comments 
submitted via regulations.gov and received zero requests for public 
meeting for these regulations.

B. Basis and Purpose

    This rule corrects 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. This rule also adds three new firework display locations, and 
changes the title of the rule to accurately reflect what is codified in 
33 CFR 3.65-10. These actions are necessary in order to restrict vessel 
movement and reduce vessel congregation in the proximity of firework 
discharge sites to ensure maritime public safety.

C. Discussion of Comments, Changes and the Final Rule

    This rule amends the following firework display positions: City of 
Renton Fireworks; coordinates are revised to read: Latitude 
47[deg]30.386[min] N, longitude 122[deg]12.502[min] W. Bainbridge 
Island Fireworks; coordinates are revised to read: Latitude 
47[deg]37.142[min] N, longitude 122[deg]30.397[min] W. Port Townsend 
Sunrise Rotary; coordinates are revised to read: Latitude 
48[deg]08.413[min] N, longitude 122[deg]45.531[min] W. Tacoma Freedom 
Fair; coordinates are revised to read: Latitude 47[deg]17.103[min] N, 
longitude 122[deg]28.410[min] W. Brewster 4th of July; coordinates are 
revised to read: Latitude 48[deg]05.362[min] N, longitude 
119[deg]47.147[min] W.
    This rule adds the following firework displays: Port Ludlow 
Fireworks, latitude 47[deg]55.161[min] N, longitude 122[deg]41.157[min] 
W; Boston Harbor 4th of July, latitude 47[deg]08.626[min] N, longitude 
122[deg]54.149[min] W; Everett 4th of July, latitude 48[deg]00.672[min] 
N, 122[deg]13.391[min] W.
    Additionally, a further change is being made to Port Townsend 
Sunrise Rotary. Coordinates will be revised to read: Latitude 
48[deg]08.413[min] N, longitude 122[deg]45.531[min] W as the original 
posting of this rule listed the latitude as 47[deg]08.413[min] N 
instead of the intended 48[deg]08.413[min] N. This change is a non-
substantive substitution that does not change the originally intended 
size or shape of the safety zone.
    These safety zones 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 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

[[Page 29024]]

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.

D. Regulatory Analyses

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

    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 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 received zero comments from the Small Business 
Administration on this rule. 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 affects 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 does not have a significant 
economic impact on a substantial number of small entities because the 
safety zones will be in place for limited periods of time and maritime 
traffic will still be able to transit around the safety zones. Maritime 
traffic may also request permission to transit through the zones from 
the COTP, Puget Sound or a 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 
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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

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

[[Page 29025]]

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 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. An 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 rule.

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 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. 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:
0
a. Revising the entries for ``Tacoma Freedom Fair,'' ``City of Renton 
Fireworks,'' ``Bainbridge Island Fireworks,'' ``Brewster Fire 
Department Fireworks,'' and ``Port Townsend Sunrise Rotary;''and
0
b. Adding entries for ``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) * * *

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       Event name  (typically)              Event location              Latitude                Longitude
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Tacoma Freedom Fair..................  Commencement Bay.......  47[deg]17.103' N.......  122[deg]28.410' W
 
                                                  * * * * * * *
City of Renton Fireworks.............  Renton, Lake Washington  47[deg]30.386' N.......  122[deg]12.502' W
 
                                                  * * * * * * *
Bainbridge Island Fireworks..........  Eagle Harbor...........  47[deg]37.142' N.......  122[deg]30.397' W
 
                                                  * * * * * * *
Brewster Fire Department Fireworks...  Brewster...............  48[deg]05.362' N.......  119[deg]47.147' W
 
                                                  * * * * * * *
Port Townsend Sunrise Rotary.........  Port Townsend..........  48[deg]08.413' N.......  122[deg]45.531' 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
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* * * * *

    Dated: April 24, 2013.
S. J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2013-11750 Filed 5-16-13; 8:45 am]
BILLING CODE 9110-04-P