[Federal Register Volume 76, Number 110 (Wednesday, June 8, 2011)]
[Rules and Regulations]
[Pages 33155-33157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14139]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0450]
RIN 1625-AA00
Safety Zones; Multiple Firework Displays in Captain of the Port,
Puget Sound Area of Responsibility
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing safety zones in Holmes Harbor,
Boston Harbor, Port Gardner, Shilshole Bay, Port Ludlow, and Spieden
Island for various summer fireworks displays. The safety zones are
necessary to help ensure the safety of the maritime public during the
displays and will do so by prohibiting all persons and vessels from
entering the safety zones unless authorized by the Captain of the Port
or his designated representative.
DATES: This rule is effective from 5 p.m. on July 3, 2011 through 1
a.m. on August 13, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0450 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0450 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 ENS Anthony P. LaBoy, Coast Guard Sector
Puget Sound, Waterways Management Division; telephone 206-217-6323, 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
[[Page 33156]]
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 waiting for a notice and comment
period to run would be impracticable and contrary to the public
interest in that it would inhibit the Coast Guard's ability to protect
the public from the hazards associated with fireworks displays on
navigable waters.
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. For the same reasons discussed in
the preceding paragraph, a 30 day notice period would be impractical
and contrary to the public interest.
Background and Purpose
Fireworks displays create hazardous conditions for the maritime
public because of the large number of vessels that congregate near the
displays as well as the noise, falling debris, and explosions that
occur during the event. The establishment of a safety zone around
displays helps to ensure the safety of the maritime public by
prohibiting all persons and vessels from coming too close to the
fireworks display and the associated hazards.
Discussion of Rule
This rule establishes six safety zones for the following firework
displays: Freeland 3rd of July on July 3, 2011 in Holmes Harbor near
Freeland, WA; Boston Harbor Fireworks on July 3, 2011 in Boston Harbor
near Olympia, WA; Everett 4th of July Foundation on July 4, 2011 in
Port Gardner near Everett, WA; Tenold-Jordan Wedding on July 23, 2011
in Shilshole Bay, Seattle, WA; Port Ludlow Celebration on July 30, 2011
in Port Ludlow Bay, WA; and the Barghausen's Annual Firework display on
August 12, 2011 east of Green Point, Spieden Island, WA. All persons
and vessels will be prohibited from entering the safety zones during
the dates and times they are effective unless authorized by the Captain
of the Port or his designated representative.
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 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 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 established safety zones during the times of
enforcement. This rule will not have a significant economic impact on a
substantial number of small entities because the temporary safety zones
are minimal in size and short in duration, and maritime traffic may be
permitted to transit them with permission from the Captain of the Port
or his 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.
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
[[Page 33157]]
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 safety zones.
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
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: 33 U.S.C. 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.T13-184 to read as follows:
Sec. 165.T13-184 Safety Zones; Multiple Firework Displays in Captain
of the Port, Puget Sound Area of Responsibility
(a) Location. The following areas are designated as safety zones:
1. Freeland Third of July, Holmes Harbor, Freeland, WA: All waters
of Holmes Harbor encompassed within a 300 yard radius around position
48[deg] 1.18' N, 122[deg] 31.88'W.
2. Boston Harbor Fireworks, Boston Harbor, Olympia, WA: All waters
of Boston Harbor encompassed within a 200 yard radius around position
47[deg] 08.5' N, 122[deg] 54.2' W.
3. Everett Fourth of July Foundation, Port Gardner, Everett, WA:
All waters of Port Gardner encompassed within a 300 yard radius around
position 48[deg] 00.672' N, 122[deg] 13.391' W.
4. Tenold-Jordan Wedding, Shilshole Bay, Seattle, WA: All waters of
Shilshole Bay encompassed within a 150 yard radius around position
47[deg] 40.489' N, 122[deg] 24.795' W.
5. Port Ludlow Celebration, Port Ludlow, WA: All waters of Port
Ludlow encompassed within a 150 yard radius around position 47[deg]
55.161' N, 122[deg] 41.157' W.
6. Barghausen's Annual Firework Display, Green Point, Spieden
Island, WA: All waters east of Spieden Island encompassed within a 350
yard radius around position 48[deg] 37.939' N, 123[deg] 05.99' W.
(b) Regulations. In accordance with the general regulations in 33
CFR part 165, Subpart C, no person or vessel may enter or remain in the
safety zone created by this section without the permission of the
Captain of the Port or his designated representative. Designated
representatives are Coast Guard Personnel authorized by the Captain of
the Port to grant persons or vessels permission to enter or remain in
the safety zone created by this section. See 33 CFR part 165, Subpart
C, for additional information and requirements.
(c) Enforcement Period. The safety zones created by this section
will be in effect as follows:
1. Freeland Third of July, Holmes Harbor, Freeland, WA: 5 p.m. on
July 3, 2011 until 1 a.m. on July 4, 2011.
2. Boston Harbor Fireworks, Boston Harbor, Olympia, WA: 5 p.m. on
July 3, 2011 until 1 a.m. on July 4, 2011.
3. Everett Fourth of July Foundation, Port Gardner, Everett, WA: 5
p.m. July 4, 2011 until 1 a.m. on July 5, 2011.
4. Tenold-Jordan Wedding, Shilshole Bay, Seattle, WA: 5 p.m. on
July 23, 2011 until 1 a.m. on July 24, 2011.
5. Port Ludlow Celebration, Port Ludlow, WA: 5 p.m. on July 30,
2011 until 1 a.m. on July 31, 2011.
6. Barghausen's Annual Firework Display, Green Point, Spieden
Island, WA: 5 p.m. on August 12, 2011 until 1 a.m. on August 13, 2011.
Dated: May 20, 2011.
S. J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2011-14139 Filed 6-7-11; 8:45 am]
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