[Federal Register Volume 75, Number 114 (Tuesday, June 15, 2010)]
[Rules and Regulations]
[Pages 33698-33701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14296]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0063]
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 establishing permanent safety zones 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 thus
subject to enforcement, this rule restricts the movement of vessels
within the established firework display areas. This action is necessary
to prevent injury and to protect life and property of the maritime
public from the hazards associated with firework displays. Entry into,
transit through, mooring, or anchoring within these zones during times
of enforcement is prohibited unless authorized by the Captain of the
Port, Puget Sound or Designated Representative.
DATES: This rule is effective June 15, 2010.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2010-0063 and are available online by going to
http://www.regulations.gov, inserting USCG-2010-0063 in the ``Keyword''
box, and then clicking ``Search.'' This material is 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 rule,
call or e-mail Ensign Ashley M. Wanzer, USCG Sector Seattle Waterways
Management Division, Coast Guard; telephone 206-217-6175, e-mail
[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
On February 25, 2010, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zones; Annual Firework Displays within the
Captain of the Port, Puget Sound Area of Responsibility in the Federal
Register (75 FR 8566). We did not receive any comments on the proposed
rule. We also did not receive any requests for a public meeting;
therefore, a public meeting was not held.
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. Immediate action is necessary to
protect life, property and the environment; therefore, a 30-day notice
is impracticable. Delaying the effective date would be contrary to
these safety zones' intended objective of protecting persons and
vessels involved in the fireworks events.
Basis and Purpose
The U.S. Coast Guard is establishing permanent safety zones to
ensure public safety during annual firework shows occurring within the
Captain of the Port, Puget Sound, WA, AOR. This action is necessary in
order to restrict vessel movement and reduce vessel congregation in the
proximity of firework discharge sites ensuring maritime public safety.
Coast Guard typically receives numerous applications in these
geographic areas for firework displays. Currently, temporary safety
zones are established on an emergency basis for each individual display
thereby limiting opportunity for public comment. Establishing permanent
safety zones through notice and comment rulemaking provided the public
the opportunity to comment on the safety zone locations, size and
length of time each zone will be enforced. Additionally, this final
rule includes a variety of locations and date ranges to allow for
speedy and safe activation of permanent safety zones. Firework displays
occur in these locations and on these dates with regularity. The
establishment of multiple permanent safety zones provides enhanced
public safety measures by reducing the number of emergency safety zones
needed for firework displays. Notification of the specific dates and
time for activation of safety zones will be available to the maritime
public.
Each year organizations sponsor firework displays in the same
general location and time period. Each event uses a barge, a tug and a
barge, or an on-
[[Page 33699]]
shore site near the shoreline as the fireworks launch platform. A
safety zone is used to control vessel movement within a specified
distance surrounding the launch platforms to ensure the safety of
persons and property. An on-scene patrol commander may allow persons
within the safety zone if conditions permit.
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. This rule is not a significant regulatory
action because the period of enforcement and size of these safety zones
are minimal.
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 rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
a portion of the affected waterways 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: The safety zones
included in this rule will be in effect for a short duration when
vessel traffic volume is low and are limited in size. 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), in the NPRM we offered to
assist small entities in understanding the rule so that they could
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.
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.
[[Page 33700]]
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 involves the establishment of safety zones
around firework display sites within the COTP Puget Sound AOR. Each
event will individually comply with NEPA requirements on an annual
basis as ensured through the submittal of an annual marine event
permit. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.
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
Harbors, Marine safety, Navigation (water), Reporting and record
keeping 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. 165.1332 to read as follows:
Sec. Safety Zones; Annual Firework Displays within the Captain of the
Port, Puget Sound Area of Responsibility.
(a) Safety Zones. The following areas are designated safety zones:
(1) All waters of Puget Sound, Washington, extending to a 450 yard
radius from the following launch sites:
Captain of the Port Puget Sound AOR Annual Firework Displays
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Event name (typically) Event location Latitude Longitude
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Steilacoom Annual Fireworks............. Steilacoom...................... 47[deg] 10.4' N 122[deg] 36.2' W
Tacoma Freedom Fair..................... Commencement Bay................ 47[deg] 16.817' N 122[deg] 27.933'
W
City of Anacortes Fireworks............. Fidalgo Bay..................... 47[deg] 17.1' N 122[deg] 28.4' W
Alderbrook Resort & Spa Fireworks....... Hood Canal...................... 47[deg] 21.033' N 123[deg] 04.1' W
Fireworks Display....................... Henderson Bay................... 47[deg] 21.8' N 122[deg] 38.367'
W
Des Moines Fireworks.................... Des Moines...................... 47[deg] 24.117' N 122[deg] 20.033'
W
Three Tree Point Community Fireworks.... Three Tree Point................ 47[deg] 27.033' N 122[deg] 23.15' W
City of Renton Fireworks................ Renton, Lake Washington......... 47[deg] 29.986' N 122[deg] 11.85' W
Port Orchard Fireworks.................. Port Orchard.................... 47[deg] 32.883' N 122[deg] 37.917'
W
Chimes and Lights....................... Port Orchard.................... 47[deg] 32.75' N 122[deg] 38.033'
W
Seattle Seafair......................... Lake Washington................. 47[deg] 34.333' N 122[deg] 16.017'
W
Mercer Island Celebration............... Mercer Island................... 47[deg] 35.517' N 122[deg] 13.233'
W
Medina Days............................. Medina Park..................... 47[deg] 36.867' N 122[deg] 14.5' W
Bainbridge Island Fireworks............. Eagle Harbor.................... 47[deg] 37.267' N 122[deg] 31.583'
W
Whaling Days............................ Dyes Inlet...................... 47[deg] 38.65' N 122[deg] 41.35' W
Yarrow Point Community.................. Yarrow Point.................... 47[deg] 38.727' N 122[deg] 13.466'
W
City of Kenmore Fireworks............... Lake Forest Park................ 47[deg] 39.0' N 122[deg] 13.55' W
Kirkland Concours D'Elegence............ Kirkland........................ 47[deg] 39.521' N 122[deg] 12.439'
W
Kirkland Fireworks...................... Kirkland........................ 47[deg] 40.583' N 122[deg] 12.84' W
Liberty Bay Fireworks................... Liberty Bay..................... 47[deg] 43.917' N 122[deg] 39.133'
W
Sheridan Beach Community................ Lake Forest Park................ 47[deg] 44.783' N 122[deg] 16.917'
W
Langlie's Old Fashioned Independence Indianola....................... 47[deg] 44.817' N 122[deg] 31.533'
Celebration. W
Lake Forest Park Fireworks.............. Lake Forest Park................ 47[deg] 45.117' N 122[deg] 16.367'
W
Vashon Island Fireworks................. Quartermaster Harbor............ 47[deg] 45.25' N 122[deg] 15.75' W
Kingston Fireworks...................... Appletree Cove.................. 47[deg] 47.65' N 122[deg] 29.917'
W
Mukilteo Lighthouse Festival............ Possession Sound................ 47[deg] 56.9' N 122[deg] 18.6' W
Brewster Fire Department Fireworks...... Brewster........................ 48[deg] 06.367' N 119[deg] 47.15' W
Port Angeles............................ Port Angeles Harbor............. 48[deg] 07.033' N 123[deg] 24.967'
W
Port Townsend Sunrise Rotary............ Port Townsend................... 48[deg] 08.067' N 122[deg] 46.467'
W
Friday Harbor Independence.............. Friday Harbor................... 48[deg] 32.6' N 122[deg] 00.467'
W
Roche Harbor Fireworks.................. Roche Harbor.................... 48[deg] 36.7' N 123[deg] 09.5' W
Deer Harbor Annual Fireworks Display.... Deer Harbor..................... 48[deg] 37.0' N 123[deg] 00.25'
W.
Orcas Island............................ Orcas Island.................... 48[deg] 41.317' N 122[deg] 54.467'
W
Blast Over Bellingham................... Bellingham Bay.................. 48[deg] 44.933' N 122[deg] 29.667'
W
True Colors Event....................... Blaine.......................... 48[deg] 59.488' N 122[deg] 46.339'
W
John Eddy Wedding....................... Magnolia Bluff.................. 49[deg] 38.988' N 122[deg] 25.356'
W
City of Mount Vernon Fireworks.......... Edgewater Park.................. 48[deg] 25.178' N 122[deg] 20.424'
W
Chase Family Fourth at Lake Union....... Lake Union...................... 47[deg] 38.418' N 122[deg] 20.111'
W
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(2) [RESERVED]
(b) Special Requirements. Firework barges or launch sites on land
used in locations stated in this rule shall display a sign. The sign
will be affixed to the port and starboard side of the barge or mounted
on a post 3 feet above ground level when on land and in close proximity
to the shoreline facing the water labeled ``FIREWORKS-DANGER-STAY
AWAY.'' This will provide on-scene notice that the safety zone is, or
will, be enforced on that day. This notice will consist of a diamond
shaped sign, 4 foot by 4 foot, with a 3 inch
[[Page 33701]]
orange retro-reflective border. The word ``DANGER' shall be 10 inch
black block letters centered on the sign with the words ``FIREWORKS''
and ``STAY AWAY'' in 6 inch black block letters placed above and below
the word ``DANGER'' respectively on a white background. An on-scene
patrol vessel will enforce these safety zones 30 minutes prior to the
start and 30 minutes after the conclusion of the fireworks display.
(c) Notice of Enforcement. These safety zones will be activated and
thus subject to enforcement, under the following conditions: the Coast
Guard must receive and approve a marine event permit for each firework
display and then the Captain of the Port will cause notice of the
enforcement of these safety zones to be made by all appropriate means
to provide notice to the affected segments of the public as
practicable, in accordance with 33 CFR 165.7(a). The Captain of the
Port will issue a Broadcast Notice to Mariners and Local Notice to
Mariners notifying the public of activation and suspension of
enforcement of these safety zones. Additionally, an on-scene Patrol
Commander will ensure enforcement of this safety zone by limiting the
transit of non-participating vessels in the designated areas described
above.
(d) Regulations. In accordance with the general regulations in 33
CFR part 165, subpart C, no vessel operator may enter, transit, moor,
or anchor within this safety zone, except for vessels authorized by the
Captain of the Port or Designated Representative.
(e) Authorization. All vessel operators who desire to enter the
safety zone 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.
(f) Enforcement Period. This rule will be enforced from 5 p.m.
until 1 a.m. each day a barge with a ``FIREWORKS-DANGER-STAY AWAY''
sign is located within any of the above designated safety zone
locations and meets the criteria established in section (b), within the
following timeframes:
(1) The last two weeks of December until the conclusion of the
first weekend of January.
(2) The last weekend of June until the conclusion of the third week
of July.
(3) The second weekend of August until the conclusion of the fourth
week of August.
(4) The first weekend of September until the conclusion of the
third week of September.
(5) The first weekend of December.
(g) Contact Information. Questions about safety zones and related
events should be addressed to COMMANDER (spw), U.S. COAST GUARD SECTOR,
Attention: Waterways Management Division, 1519 Alaskan Way South,
Seattle, WA 98134-1192.
Dated: May 27, 2010.
S.W. Bornemann,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2010-14296 Filed 6-14-10; 8:45 am]
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