[Federal Register Volume 79, Number 126 (Tuesday, July 1, 2014)]
[Rules and Regulations]
[Pages 37202-37204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15311]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-0485]
RIN 1625-AA00
Safety Zones; Fireworks Displays in Captain of the Port Puget
Sound Zone
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing safety zones in Holmes Harbor,
Agate Pass, Puget Sound near Steilacoom, WA, Lake Union near Seattle,
WA, and Friday Harbor 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 July 1, 2014 until July 06, 2014.
This rule will be enforced on the dates and times listed in this
document.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014- 0485]. To view documents mentioned in this preamble as
being available in the docket, go to http://www.regulations.gov, type
the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on
Open Docket Folder on the line associated with this rulemaking. You may
also visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 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 email MST2 Kenneth W. Hoppe, Coast Guard Sector Puget Sound,
Waterways Management Division; telephone (206) 217-6051, email
[email protected]. If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this 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
[[Page 37203]]
rulemaking (NPRM) with respect to this rule because to do so would be
impracticable due to the insufficient time available for notice and
opportunity to comment prior to the dates of the actual events and the
inability for the events to be rescheduled. In addition, delayed
promulgation may result in injury or damage to persons and vessels from
the hazards associated with the fireworks displays.
B. Basis and Purpose
(a) Coast Guard Captains of the Port are granted authority to
establish safety and security zones in 33 CFR 1.05-1(f) for safety and
environmental purposes as described in 33 CFR Part 165.
(b) 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. Safety zones are necessary in order to prevent
vessels from congregating in the proximity of firework discharge sites
to ensure maritime public safety.
C. Discussion of the Final Rule
This rule establishes five safety zones for the following firework
displays: Freeland Celebrate America Festival on July 3, 2014 in Holmes
Harbor near Freeland, WA; Port Madison Fireworks on July 4, 2014 in
Agate Pass, Southwest of Suquamish, WA; Steilacoom 4th of July
Celebration on July 4, 2014 in Puget Sound near Steilacoom, WA; Seattle
Seafair 4th of July on July 4, 2014 in Lake Union in Seattle, WA; San
Juan Island Independence Day Celebration on July 4, 2014 in Friday
Harbor near Friday Harbor, WA; and Sheridan Beach Community Club
Fireworks on July 4, 2014 in Lake Union near Lake Forest Park, 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.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This rule is not a
significant regulatory action because it creates safety zones that are
minimal in size and short in duration.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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. 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, maritime
traffic will be able to transit around them and may be permitted to
transit within them with permission from the Captain of the Port or his
designated representative.
3. Assistance for Small Entities
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 would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
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.
4. 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).
5. Federalism
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 determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. 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.
8. 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.
9. 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.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of
[[Page 37204]]
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.
11. 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 determined
that 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 involves the establishment of safety zones. This
rule is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction. An environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this rule.
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. 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 temporary Sec. 165.T13.273 to read as follows:
Sec. 165.T13.273 Safety Zones; Fireworks Displays in Captain of the
Port Puget Sound Zone.
(a) Location. The following areas are designated as safety zones:
(1) Freeland Celebrate America Festival, Holmes Harbor, Freeland,
WA: All waters encompassed within a 150 yard radius around position
48[deg]1'2.89'' N, 122[deg]31'51.98'' W.
(2) Port Madison Fireworks, Agate Pass, Suquamish, WA: All waters
encompassed within a 300 yard radius around position 47[deg]42'27.60''
N, 122[deg]34'12.00'' W.
(3) Steilacoom 4th of July Celebration, Puget Sound North of
Steilacoom, WA: All waters encompassed within a 300 yard radius around
position 47[deg]10'42.46'' N, 122[deg]35'46.49'' W.
(4) Seattle Seafair 4th of July, Lake Union, Seattle, WA: All
waters encompassed within a 300 yard radius around position
47[deg]38'24.85'' N, 122[deg]20'3.81'' W.
(5) San Juan Island Independence Day Celebration, Friday Harbor,
Friday Harbor, WA: All waters encompassed within a 200 yard radius
around position 48[deg]32'28.26'' N, 123[deg]0'42.84'' 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.
(c) Enforcement period. The safety zones created by this section
will be enforced as follows:
(1) Freeland Celebrate America Festival, Holmes Harbor, Freeland,
WA: 5 p.m. on July 3, 2014 until 1 a.m. on July 4, 2014.
(2) Port Madison Fireworks, Agate Pass, Suquamish, WA: 5 p.m. on
July 4, 2014 until 1 a.m. on July 5, 2014.
(3) Steilacoom 4th of July Celebration, Puget Sound North of
Steilacoom, WA: 5 p.m. on July 4, 2014 until 1 a.m. on July 5, 2014.
(4) Seattle Seafair 4th of July, Lake Union, Seattle, WA: 5 p.m. on
July 4, 2014 until 1 a.m. on July 5, 2014.
(5) San Juan Island Independence Day Celebration, Friday Harbor,
Friday Harbor, WA: 5 p.m. on July 4, 2014 until 1 a.m. on July 5, 2014.
Dated: June 13, 2014.
M.W. Raymond,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2014-15311 Filed 6-30-14; 8:45 am]
BILLING CODE 9110-04-P