8566 Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Proposed Rules 

significant environmental impact from 

this proposed 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 proposes to 

amend 33 CFR part 165, as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

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, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1 

2. Add § 165.1330 to read as follows: 

§ 165.1330 Safety Zone; Fleet Week 

Maritime Festival, Pier 66, Elliott Bay, 

Seattle, WA. 

(a) Location. The following area is a 

safety zone: All waters extending 100 

yards from Pier 66, Elliot Bay, WA 

within a box encompassed by the 

points, 47°36.70′ N & 122°21.07′ W, 

47°36.68′ N & 122°21.13′ W, 47°36.53′ N 

& 122°20.86′ W, and 47°36.55′ N & 

122°20.81′ W (NAD 1983). This safety 

zone does not extend on land. 

(b) Regulations. In accordance with 

the general regulations in 33 CFR Part 

165, Subpart C, no vessel may enter, 

transit, moor, or anchor within this 

safety zone, except for vessels 

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. 

(c) Authorization. In order to transit 

through this safety zone, authorization 

must be granted by the Captain of the 

Port Puget Sound or Designated 

Representative. All vessel operators 

desiring entry into this safety zone shall 

gain authorization by contacting either 

the on-scene U.S. Coast Guard patrol 

craft on VHF Ch 13 or Ch 16, or Coast 

Guard Sector Seattle Joint Harbor 

Operations Center (JHOC) via telephone 

at (206) 217–6452. Requests shall 

indicate the reason why movement 

within the safety zone is necessary, and 

the vessel’s arrival and/or departure 

facility name, pier and/or berth. Vessel 

operators granted permission to enter 

this safety zone will be escorted by the 

on-scene patrol until no longer within 

the safety zone. 

(d) Enforcement Period. This rule is 

effective during the day of the Fleet 

Week Maritime Festival occurring on 

either the last weekend in July or the 

first weekend in August, and will be 

enforced from 8 a.m. until 8 p.m. unless 

cancelled sooner by the Captain of the 

Port. 

Dated: February 4, 2010. 

S.E. Englebert, 

Captain, U.S. Coast Guard, Captain of the 

Port, Puget Sound. 

[FR Doc. 2010–3834 Filed 2–24–10; 8:45 am] 

BILLING CODE 4910–15–P 

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: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish multiple permanent safety 

zones to ensure public safety during 

annual firework displays at various 

locations the Captain of the Port, Puget 

Sound Area of Responsibility (AOR). 

When these safety zones are activated, 

and thus subject to enforcement, this 

rule would limit 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: Comments and related material 

must be received by the Coast Guard on 

or before May 26, 2010. Requests for 

public meetings must be received by the 

Coast Guard on or before March 29, 

2010. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2010–0063 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: 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– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail Ensign Ashley M. 

Wanzer, USCG Sector Seattle 

Waterways Management Division, Coast 

Guard; telephone 206–217–6175, e-mail 

SectorSeattleWWM@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2010–0063), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail, or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a telephone number in the 

body of your document so that we can 

contact you if we have questions 

regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 


sroberts on DSKD5P82C1PROD with PROPOSALS
Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Proposed Rules 8567 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2010–0063’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit your comments by mail or 

hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the Facility, 

please enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period and may 

change the rule based on your 

comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2010– 

0063’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. 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. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one on or before 30 days after 

publication in the Federal Register 

using one of the four methods specified 

under ADDRESSES. Please explain why 

you believe a public meeting would be 

beneficial. If we determine that one 

would aid this rulemaking, we will hold 

one at a time and place announced by 

a later notice in the Federal Register. 

For information on facilities or 

services for individuals with disabilities 

or to request special assistance at the 

public meeting, contact Ensign Ashley 

M. Wanzer at the telephone number or 

e-mail address indicated under the FOR

FURTHER INFORMATION CONTACT section of 

this notice. 

Background and Purpose 

The U.S. Coast Guard is proposing to 

establish multiple permanent safety 

zones to ensure public safety during 

annual firework shows occurring within 

the Captain of the Port, Puget Sound, 

WA, 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. 

The 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 provides the public the 

opportunity to comment on safety zone 

locations, size and length of time each 

zone will be enforced. Additionally, this 

proposed 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 onshore 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 onscene patrol commander may allow 

persons within the safety zone if 

conditions permit. 

The Captain of the Port, Puget Sound, 

will give notice of the enforcement of 

each safety zone by all appropriate 

means to provide the widest publicity 

among the affected segments of the 

public. This will include publication in 

the Local Notice to Mariners and Marine 

Information Broadcasts. The public will 

also be notified about many of these 

firework displays by local newspapers, 

radio and television stations. These 

various methods of notification will 

facilitate informing mariners so they 

may adjust their plans accordingly. 

Firework barges or launch sites on 

land used in locations stated in this 

proposed 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 orange retroreflective 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. 

There will also be an on-scene patrol 

vessel present to enforce the safety zone 

30 minutes prior to the start and 30 

minutes after the conclusion of the 

fireworks display. 

The enforcement period for the 

proposed safety zones are from 5:30 

p.m. until 1 a.m. local time. However, 

vessels may enter, remain in, or transit 

through these safety zones during this 

timeframe if authorized by the Captain 

of the Port or designated on-scene patrol 

commander. 

This proposed 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 Proposed Rule 

This proposed rule will create 

permanent safety zones on the 

waterways of Puget Sound, WA to assist 

in minimizing the inherent dangers 

associated with firework displays. These 

safety zones will extend 450 yards from 

their launch site. This zone size allows 

for the use of up to a 16′′ mortar shell 

in annual firework displays. However, 

safety zones will only be enforced for 

the appropriate size for the largest 

mortar shell used. These zones are 

nominal in size and are typically 

positioned in areas which allow for 

transit around the zone thus the safety 

zones have an inconsequential impact 

on the majority of waterway users. 

These zones are also short in duration 

and allow waterway users to enter or 


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transit through the zone when deemed 

safe by the on-scene patrol commander. 

The COTP, through this action, intends 

to promote the safety of personnel, 

vessels, and facilities in the area. 

Regulatory Analyses 

We developed this proposed 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 proposed 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 proposed rule is not a 

significant regulatory action because the 

period of enforcement and size of these 

safety zones is minimal. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed 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 proposed rule 

would 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 

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. This temporary rule 

will be in effect for minimal times when 

vessel traffic volume is low and are 

limited in size. If safe to do so, traffic 

will be allowed to pass through the zone 

with the permission of the Captain of 

the Port or Designated Representative. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

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 proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking 

process. 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 

Ensign Ashley Wanzer via the contact 

information listed under FOR FURTHER

INFORMATION in this docket. The Coast 

Guard will not retaliate against small 

entities that question or complain about 

this proposed rule or any policy or 

action of the Coast Guard. 

Collection of Information 

This proposed rule would call 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 proposed 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 or more in any one year. 

Though this proposed rule would not 

result in such an expenditure, we do 

discuss the effects of this rule elsewhere 

in this preamble. 

Taking of Private Property 

This proposed rule would not effect 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 proposed 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 proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would 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 proposed 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 proposed rule does not use 

technical standards. Therefore, we did 


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not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed 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 made a preliminary determination 

that this action is one of a category of 

actions which do not individually or 

cumulatively have a significant effect on 

the human environment. A preliminary 

environmental analysis checklist 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. This proposed rule 

involves multiple discharging of various 

aerial shelled fireworks within the 

COTP Puget Sound AOR. Each event 

will individually comply with NEPA 

requirements on an annual basis as 

ensured through the requirement 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 

proposed 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 proposes to 

amend 33 CFR part 165, as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

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 

2. Add § 165.1332 to read as follows: 

§ 165.1332 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, WA 

extending to a 450 yard radius from the 

following launch sites: 

CAPTAIN OF THE PORT PUGET SOUND AOR ANNUAL FIREWORK DISPLAYS

Event name 

(typically) Event location Latitude Longitude 

Steilicom Annual Fireworks ............................................. Steilicom ............................ 47°10.4′ N 122°36.2′ W 

Tacoma Freedom Fair ..................................................... Commencement Bay ......... 47°16.817′ N 122°27.933′ W 

City of Anacortes Fireworks ............................................ Fidalgo Bay ....................... 47°17.1′ N 122°28.4′ W 

Alderbrook Resort & Spa Fireworks ................................ Hood Canal ....................... 47°21.033′ N 123°04.1′ W 

Fireworks Display ............................................................ Henderson Bay .................. 47°21.8′ N 122°38.367′ W 

Des Moines Fireworks ..................................................... Des Moines ....................... 47°24.117′ N 122°20.033′ W 

Three Tree Point Community Fireworks ......................... Three Tree Point ............... 47°27.033′ N 122°23.15′ W 

City of Renton Fireworks ................................................. Renton, Lake Washington 47°29.986′ N 122°11.85′ W 

Port Orchard Fireworks ................................................... Port Orchard ...................... 47°32.883′ N 122°37.917′ W 

Chimes and Lights ........................................................... Port Orchard ...................... 47°32.75′ N 122°38.033′ W 

Seattle Seafair ................................................................. Lake Washington ............... 47°34.333′ N 122°16.017′ W 

Mercer Island Celebration ............................................... Mercer Island ..................... 47°35.517′ N 122°13.233′ W 

Medina Days .................................................................... Medina Park ...................... 47°36.867′ N 122°14.5′ W 

Bainbridge Island Fireworks ............................................ Eagle Harbor ..................... 47°37.267′ N 122°31.583′ W 

Whaling Days .................................................................. Dyes Inlet .......................... 47°38.65′ N 122°41.35′ W 

Yarrow Point Community ................................................. Yarrow Point ...................... 47°38.727′ N 122°13.466′ W 

City of Kenmore Fireworks .............................................. Lake Forest Park ............... 47°39.0′ N 122°13.55′W 

Kirkland Concours D’Elegence ........................................ Kirkland .............................. 47°39.521′ N 122°12.439′ W 

Kirkland Fireworks ........................................................... Kirkland .............................. 47°40.583′ N 122°12.84′ W 

Liberty Bay Fireworks ...................................................... Liberty Bay ........................ 47°43.917′ N 122°39.133′ W 

Sheridan Beach Community ............................................ Lake Forest Park ............... 47°44.783′ N 122°16.917′ W 

Langlie’s Old Fashioned Independence Celebration ...... Indianola ............................ 47°44.817′ N 122°31.533′ W 

Lake Forest Park Fireworks ............................................ Lake Forest Park ............... 47°45.117′ N 122°16.367′ W 

Vashon Island Fireworks ................................................. Quartermaster Harbor ....... 47°45.25′ N 122°15.75′ W 

Kingston Fireworks .......................................................... Appletree Cove .................. 47°47.65′ N 122°29.917′ W 

Mikilteo Lighthouse Festival ............................................ Possession Sound ............. 47°56.9′ N 122°18.6′ W 

Brewster Fire Department Fireworks .............................. Brewster ............................ 48°06.367′ N 119°47.15′ W 

Port Angeles .................................................................... Port Angeles Harbor .......... 48°07.033′ N 123°24.967′ W 

Port Townsend Sunrise Rotary ....................................... Port Townsend .................. 48°08.067′ N 122°46.467′ W 

Friday Harbor Independence ........................................... Friday Harbor .................... 48°32.6′ N 122°00.467′ W 

Roche Harbor Fireworks ................................................. Roche Harbor .................... 48°36.7′ N 123°09.5′ W 

Deer Harbor Annual Fireworks Display ........................... Deer Harbor ....................... 48°37.0′ N 123°00.25′ W 

Orcas Island .................................................................... Orcas Island ...................... 48°41.317′ N 122°54.467′ W 

Blast Over Bellingham ..................................................... Bellingham Bay ................. 48°44.933′ N 122°29.667′ W 

True Colors Event ........................................................... Blaine ................................. 48°59.488′ N 122°46.339′ W 

John Eddy Wedding ........................................................ Magnolia Bluff .................... 49°38.988′ N 122°25.356′ W 

City of Mount Vernon Fireworks ...................................... Edgewater Park ................. 48°25.178′ N 122°20.424′ W 

Chase Family Fourth at Lake Union ............................... Lake Union ........................ 47°38.418′ N 122°20.111′ W 

(2) [Reserved] 

(b) Special Requirements. Firework 

barges or launch sites on land used in 

locations stated in this proposed 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 


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inch 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. There will also be an onscene patrol vessel present to enforce 

the safety zone 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 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 5:00 pm until 1:00 am 

each day a barge with a ‘‘FIREWORKS— 

DANGER—STAY AWAY’’ sign is 

located within any of the designated 

safety zone locations listed in paragraph 

(a) of this section and meets the criteria 

established in paragraph (b) of this 

section, 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 in 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: February 4, 2010. 

L.R. Tumbarello, 

Commander, U.S. Coast Guard, Captain of 

the Port, Puget Sound Acting. 

[FR Doc. 2010–3812 Filed 2–24–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 334 

Atlantic Ocean off John F. Kennedy 

Space Center, FL; Restricted Area 

AGENCY: United States Army Corps of 

Engineers, Department of Defense. 

ACTION: Notice of proposed rulemaking 

and request for comments. 

SUMMARY: The U.S. Army Corps of 

Engineers (Corps) is proposing to revise 

its regulations to establish a new 

restricted area in the Atlantic Ocean off 

the coast of the John F. Kennedy Space 

Center (KSC), Florida. The KSC is the 

main launch facility for the National 

Aeronautics and Space Administration 

(NASA) and they need to have the 

capability to secure their shoreline at 

KSC. This amendment to the existing 

regulations is necessary to enhance 

KSC’s ability to secure their shoreline to 

counter postulated threats to their 

facilities and to provide for safe launch 

operations. 

DATES: Written comments must be 

submitted on or before March 29, 2010. 

ADDRESSES: You may submit comments, 

identified by docket number COE– 

2010–0001, by any of the following 

methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

E-mail: david.b.olson@usace.army. 

mil. Include the docket number, COE– 

2010–0001, in the subject line of the 

message. 

Mail: U.S. Army Corps of Engineers, 

Attn: CECW–CO (David B. Olson), 441 

G Street, NW., Washington, DC 20314– 

1000. 

Hand Delivery/Courier: Due to 

security requirements, we cannot 

receive comments by hand delivery or 

courier. 

Instructions: Direct your comments to 

docket number COE–2010–0001. All 

comments received will be included in 

the public docket without change and 

may be made available on-line at http: 

//www.regulations.gov, including any 

personal information provided, unless 

the commenter indicates that the 

comment includes information claimed 

to be Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. Do 

not submit information that you 

consider to be CBI, or otherwise 

protected, through regulations.gov or email. The regulations.gov web site is an 

anonymous access system, which means 

we will not know your identity or 

contact information unless you provide 

it in the body of your comment. If you 

send an e-mail directly to the Corps 

without going through regulations.gov, 

your e-mail address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, we recommend that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If we cannot read your 

comment because of technical 

difficulties and cannot contact you for 

clarification, we may not be able to 

consider your comment. Electronic 

comments should avoid the use of any 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. All documents in 

the docket are listed. Although listed in 

the index, some information is not 

publicly available, such as CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Olson, Headquarters, Operations 

and Regulatory Community of Practice, 

Washington, DC at 202–761–4922 or Mr. 

Jon M. Griffin, U.S. Army Corps of 

Engineers, Jacksonville District, 

Regulatory Division, at 904–232–1680. 

SUPPLEMENTARY INFORMATION: Pursuant 

to its authorities in section 7 of the 

Rivers and Harbors Act of 1917 (40 Stat 

266; 33 U.S.C. 1) and Chapter XIX of the 

Army Appropriations Act of 1919 (40 

Stat 892; 33 U.S.C. 3) the Corps is 


sroberts on DSKD5P82C1PROD with PROPOSALS