[Federal Register Volume 75, Number 91 (Wednesday, May 12, 2010)]
[Rules and Regulations]
[Pages 26648-26650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11300]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0285]
RIN 1625-AA00
Safety Zones; May Fireworks Displays Within the Captain of the
Port Puget Sound Area of Responsibility (AOR)
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The U.S Coast Guard is establishing two safety zones on the
waters of Puget Sound, WA for two fireworks displays. This action is
necessary to provide for the safety of life on navigable waters during
the fireworks displays. 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 from 12:01 a.m. May 14, 2010 through
11:59 p.m. May 23, 2010 unless canceled sooner by the Captain of the
Port.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0285 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0285 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
temporary rule, call or e-mail Ensign Rebecca E. McCann, Waterways
Management, Sector Seattle, Coast Guard; telephone 206-217-6088, email
[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 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.'' 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 contrary to public interest to
delay the effective date of this rule. Delaying the effective date by
first publishing an NPRM would be contrary to the safety zone's
intended objectives since
[[Page 26649]]
immediate action is needed to protect persons and vessels against the
hazards associated with fireworks displays on navigable waters. Such
hazards include premature detonations, dangerous projectiles and
falling or burning debris.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Due to the need for immediate
action, the restriction of vessel traffic is necessary to protect life,
property and the environment; therefore, a 30-day notice is
impracticable. Delaying the effective date would be contrary to the
safety zone's intended objectives of protecting persons and vessels
involved in the event, and enhancing public and maritime safety.
Basis and Purpose
Fireworks displays are frequently held from locations on or near
the navigable waters of the United States. The potential hazards
associated with fireworks displays are a safety concern during such
events. The purpose of this rule is to promote public and maritime
safety during fireworks displays, and to protect mariners transiting
the area from the potential hazards associated with the fireworks
displays, such as the accidental discharge of fireworks, dangerous
projectiles, and falling hot embers or other debris. This rule is
needed to ensure safety on the waterway during the scheduled events.
This rule will restrict access to the specified waters surrounding
the fireworks events indicated in the temporary final rule. The
restriction of vessel traffic is necessary to protect life, property
and the environment.
Discussion of Rule
The U.S. Coast Guard is establishing temporary safety zones to
allow for safe fireworks displays. A safety zone for the Viking Fest
will be enforced from 6:30 p.m. to 11:30 p.m. on May 14, 2010 at
47[deg]43[min]55[sec] N, 122[deg]39[min]08[sec] W (NAD 83) extending to
a 1000 foot radius from the launch site. A safety zone for a Private
Party fireworks display North of Meadow Point in Central Puget Sound
will be enforced from 8:30 p.m. until 11 p.m. on May 22, 2010 at
47[deg]43[min]42[sec] N, 122[deg]24[min]26[sec] W (NAD 83) extending to
a 1500 foot radius from the launch site. These safety zones do not
extend onto land.
These events may result in a number of vessels congregating near
fireworks launching barges. These safety zones are needed to protect
watercraft and their occupants from safety hazards associated with
fireworks displays. The Captain of the Port, Puget Sound may be
assisted by other federal and local agencies in the enforcement of
these safety zones. Vessels will be allowed to transit the waters of
the Puget Sound outside the safety zones. Notification of the temporary
safety zones will be provided to the public via marine information
broadcasts.
Entry into these zones by all vessel operators or persons will be
prohibited unless authorized by the Captain of the Port or Designated
Representative. The Captain of the Port may be assisted by other
federal, state, or local agencies as needed.
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, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. Although this rule will restrict access
to the areas, the effect of this rule will not be significant because:
(1) The safety zones will be in effect for a limited duration of time,
(ii) the safety zones are limited in size, and (iii) vessels may be
granted permission to transit the area by the Captain of the Port or a
designated representative.
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.
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 temporary rule will affect the following entities, some of
which may be small entities: The owners or operators of vessels
intending to transit the specified waters of Puget Sound while this
rule is enforced. These safety zones will not have significant economic
impact on a substantial number of small entities for the following
reasons. This temporary rule will be in effect for short periods of
time, when vessel traffic volume is low and is comprised of mostly
small pleasure craft. If safe to do so, traffic will be allowed to pass
through these safety zones with the permission of the Captain of the
Port or Designated Representative.
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.
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.
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.
[[Page 26650]]
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 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 establishes temporary safety zones to
protect the public from dangers associated with fireworks displays.
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
Harbor, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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.T13-140 to read as follows:
Sec. 165.T13-140 Safety Zones; May Fireworks displays within the
Captain of the Port Puget Sound Area of Responsibility (AOR)
(a) Safety Zones. The following areas are designated safety zones:
(1) Viking Fest, Liberty Bay, WA
(i) Location. Liberty Bay, WA extending out to a 1000 foot radius
from the launch site at 47[deg]43[min]55[sec] N 122[deg]39[min]08[sec]
W.
(ii) Enforcement. 6:30 p.m. until 11:30 p.m. on May 14, 2010.
(2) Private Party, North of Meadowpoint in Central Puget Sound, WA
(i) Location. Two miles north of Meadowpoint in Central Puget
Sound, WA extending out to 1500 foot radius from the launch site at
47[deg]43[min]42[sec] N 122[deg]24[min]26[sec] W.
(i) Enforcement. 8:30 p.m. until 11 p.m. on May 22, 2010.
(b) Regulations. In accordance with the general regulations in 33
CFR Part 165, Subpart C, no vessel operator may enter, transit, moor,
or anchor within these safety zones, except for vessels authorized by
the Captain of the Port or Designated Representative.
(c) Authorization. All vessel operators who desire to enter these
safety zones must obtain permission from the Captain of the Port or
Designated Representative by contacting either the on-scene patrol
craft on VHF Ch 13 or Ch 16 or the Coast Guard Sector Seattle Joint
Harbor Operations Center (JHOC) via telephone at 206-217-6002.
(d) Effective Period. This rule is effective from 12:01 a.m. May
14, 2010 through 11:59 p.m. May 23, 2010 unless canceled sooner by the
Captain of the Port.
Dated: April 15, 2010.
S.W. Bornemann,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2010-11300 Filed 5-11-10; 8:45 am]
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