[Federal Register Volume 75, Number 127 (Friday, July 2, 2010)]
[Rules and Regulations]
[Pages 38415-38417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16118]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0591]
RIN 1625-AA00
Safety Zones; Multiple Firework Displays in Captain of the Port,
Puget Sound Area of Responsibility, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing multiple temporary safety
zones restricting vessel movement in the proximity of firework
discharge sites being held in the Captain of the Port, Puget Sound area
of responsibility (AOR). This action is necessary to help protect the
maritime public from the inherent dangers associated with fireworks
displays and will do so by prohibiting entry into, transit through, or
mooring within the safety zones unless authorized by the Captain of the
Port or Designated Representative.
DATES: This rule is effective from 5 p.m. on July 3, 2010 until 1 a.m.
on August 7, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0591 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0591 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 LTJG Wanzer, Coast Guard Sector Seattle,
Waterways Management Division; 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
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 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 the 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 objective since 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
detonations, dangerous projectiles and falling or burning debris.
Additionally, the zone should have negligible impact on vessel transits
due to the fact that vessels will be limited from the area for a short
time and vessels can still transit in the majority of Puget Sound
during the event. Accordingly, under 5 U.S.C. 553(b)(B), the Coast
Guard finds that good cause exists for not publishing an NPRM.
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
The U.S. Coast Guard is proposing to establish three temporary
safety zones to ensure public safety during firework shows occurring
within the Captain of the Port, Puget Sound AOR. These events may
result in a number of vessels congregating near fireworks launching
barges and sites. These safety zones are necessary to protect
watercraft and their occupants from the hazards associated with
fireworks displays. The Captain of the Port, Puget Sound may be
assisted by other Federal, State and local agencies in the enforcement
of this safety zone.
Due to the inherent dangers associated with such displays, the
Coast Guard is taking this action to help protect the maritime public
by prohibiting entry into, transit through, or mooring within the
safety zones unless authorized by the Captain of the Port or his
Designated Representative. This temporary final rule is necessary to
protect the safety of life and property on navigable waters during
these firework events and provide the marine community information on
safety zone locations, size and length of time the zones will be
active.
Discussion of Rule
This rule establishes three safety zones for the following firework
displays: The first will encompass waters of Boston Harbor within a 200
yard radius around position 47[deg]08.5' N, 122[deg]54.2' W and will be
enforced from 5 p.m. on July 3, 2010 until 1 a.m. on July 4, 2010; the
second will encompass waters of Boston Harbor within a 200 yard radius
around position 47[deg]08.5' N, 122[deg]54.2' W and will be enforced
from 5 p.m. on July 24, 2010 until 1 a.m. on July 25, 2010; and the
third will encompass waters near Stuart Island within a 700 yard radius
around position 48[deg]37.5' N, 121[deg]12.0' W and will be enforced
from 5 p.m. on August 6, 2010 until 1 a.m. on August 7, 2010.
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 area, the effect of the rule will not be significant because it
creates safety zones that are minimal in size and short in duration.
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
[[Page 38416]]
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 through the affected waterways during the times of enforcement.
This rule will not have a significant economic impact on a substantial
number of small entities because it creates safety zones that are
minimal in size and short in duration.
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.
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 involves the establishment of temporary
safety zones. An environmental analysis checklist and a categorical
exclusion determination will be available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, 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.T13-148 to read as follows:
[[Page 38417]]
Sec. 165.T13-148 Safety Zones; Multiple Firework Displays in Captain
of the Port, Puget Sound Area of Responsibility, WA
(a) Safety Zones. The following areas are designated as safety
zones:
(1) All waters of Boston Harbor encompassed within a 200 yard
radius around position 47[deg] 08.5'N, 122[deg] 54.2' W from 5 p.m. on
July 3, 2010 until 1 a.m. on July 4, 2010.
(2) All waters of Boston Harbor encompassed within a 200 yard
radius around position 47[deg] 08.5' N, 122[deg] 54.2' W from 5 p.m. on
July 24, 2010 until 1 a.m. on July 25, 2010.
(3) All waters near Stuart Island encompassed within a 700 yard
radius around position 48[deg] 37.5' N, 121[deg] 12.0' W from 5 p.m. on
August 6, 2010 until 1 a.m. on August 7, 2010.
(b) Regulations. In accordance with the general regulations in
Sec. 165.23 of this Part, no person or vessel may enter, transit,
moor, or anchor within the safety zones created in this section unless
authorized by the Captain of the Port or his Designated Representative.
(c) Authorization. All persons or vessels who desire to enter the
safety zones created in this section must obtain permission from the
Captain of the Port or his 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. The safety zones created in this section are
effective on the dates and times noted in paragraph (a) unless canceled
sooner by the Captain of the Port.
Dated: June 22, 2010.
S. W. Bornemann,
Captain, U. S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2010-16118 Filed 7-1-10; 8:45 am]
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