[Federal Register Volume 90, Number 139 (Wednesday, July 23, 2025)]
[Rules and Regulations]
[Pages 34600-34602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-13816]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0649]
RIN 1625-AA00
Safety Zone; Dyes Inlet, Silverdale, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters of Dyes Inlet, Washington. The safety zone is needed
to protect personnel, vessels, and the marine environment from
potential hazards associated with a fireworks display. Entry of vessels
or persons into this zone is prohibited unless specifically authorized
by the Captain of the Port Sector Puget Sound.
DATES: This rule is effective from 9:30 p.m. through 11 p.m. on July
25, 2025.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2025-0649 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Lieutenant Anthony Pinto, Waterways Management Division,
U.S. Coast Guard Sector Puget Sound; telephone 206-217-6051, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule under the authority
in 5 U.S.C. 553(b)(B). This statutory 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.'' The Coast Guard
finds that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule because prompt action is
required to respond to potential hazards associated with a fireworks
display in Dyes Inlet, Washington. This rule is an annual event in 33
CFR 165.1332; however, the request for this year's safety zone was not
received within the timeframe specified in that regulation. It is
impracticable to publish an NPRM because we must establish this safety
zone by July 25, 2025.
Also, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good
cause exists for making this rule effective less than
[[Page 34601]]
30 days after publication in the Federal Register. Delaying the
effective date of this rule is impracticable because prompt action is
needed to mitigate the safety risks posed by the fireworks display.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Puget Sound (COTP) has determined
that potential safety hazards associated with the fireworks display
necessitate the establishment of the safety zone to protect personnel,
vessels, and the marine environment in the navigable waters of Dyes
Inlet, Washington, immediately before, during, and after the fireworks
display.
IV. Discussion of the Rule
This rule establishes a safety zone from 9:30 p.m. through 11 p.m.
on July 25, 2025. The zone encompasses all navigable waters within a
450-yard radius of a fixed point near the launch site-position
47.6399305556, -122.6943722222 in Dyes Inlet, Washington. The duration
of the safety zone is intended to protect personnel, vessels, and the
marine environment in these navigable waters before, during, and after
the fireworks display. No vessel or person may enter the safety zone
without obtaining permission from the COTP or a designated
representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders.
A. Regulatory Planning and Review
Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review) direct agencies to assess
the costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility.
The Office of Management and Budget (OMB) has not designated this
rule a ``significant regulatory action,'' under section 3(f) of
Executive Order 12866. Accordingly, OMB has not reviewed it.
This regulatory action determination is based on the limited size,
location, duration, and time of day of the safety zone. The regulated
area consists of a 450-yard radius around position 47.6399305556, -
122.6943722222 in Dyes Inlet, Washington, and will be in effect for
only one and a half (1.5) hours on the evening of July 25, 2025. This
portion of the waterway is not a primary route for commercial traffic,
and historical data from prior years' events show minimal impact to
navigation. Vessel traffic will be able to safely maneuver around the
zone using adjacent unrestricted waters. Additionally, vessels may
request permission from the COTP or a designated representative to
transit through the zone if necessary. These factors demonstrate that
the rule is narrowly tailored to address a temporary safety concern
with minimal disruption to maritime activity.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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 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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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 affects your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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.
C. 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).
D. Federalism and Indian Tribal Governments
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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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.
E. 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.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(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
[[Page 34602]]
environment. This rule involves a safety zone lasting only one and a
half (1.5) hours that will prohibit entry within a 450-yard radius of
the barge at position 47.6399305556, -122.6943722222 being used by the
fireworks display company. It is categorically excluded from further
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.
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: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.4.
0
2. Add Sec. 165.T13-0649 to read as follows:
Sec. 165.T13-0649 Safety Zone, Dyes Inlet, Washington.
(a) Location. The following area is a safety zone: All waters
within a 450-yard radius of 47.6399305556, -122.6943722222 in Dyes
Inlet, Washington.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Puget Sound (COTP) in the enforcement of the safety
zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, no person or vessel may enter or remain in the
safety zone described in paragraph (a) of this section unless
authorized by the COTP or the COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative on VHF Ch 13 or Ch 16, or Coast Guard Sector Puget Sound
Joint Harbor Operations Center (JHOC) via telephone at (206) 217-6002.
Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
(d) Enforcement period. This rule will be enforced from 9:30 p.m.
through 11 p.m. on July 25, 2025.
Dated: July 17, 2025.
Michael J. Hunt,
Captain, U.S. Coast Guard, Captain of the Port Sector Puget Sound.
[FR Doc. 2025-13816 Filed 7-22-25; 8:45 am]
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