Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Rules and Regulations 46491 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0752] 

RIN 1625–AA00 

Safety Zones: Fireworks Displays 

Within the Captain of the Port Puget 

Sound Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The U.S. Coast Guard is 

establishing safety zones on the waters 

of the Puget Sound located in the 

Captain of the Port Puget Sound Zone 

during multiple fireworks displays. This 

action is necessary to provide for the 

safety of life and avoidance of injury 

resulting from these displays. Entry 

into, transit through, mooring, or 

anchoring within these zones is 

prohibited unless authorized by the 

Captain of the Port, Puget Sound or 

Designated Representative. 

DATES: The effective date of this 

temporary final rule is September 10, 

2009 through 8 a.m. on September 13, 

2009 unless canceled sooner by the 

Captain of the Port. This temporary final 

rule was enforced with actual notice by 

Coast Guard personnel beginning at 8 

a.m. on August 22, 2009. Rules enforced 

through actual notice are superseded by 

this rule as of September 10, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0752 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2009–0752 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 rule, call or 

e-mail ENS Ashley M. Wanzer, 

Waterways Management, Sector Seattle, 

Coast Guard; telephone 206–217–6175, 

e-mail Ashley.M.Wanzer@uscg.mil. 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 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 

immediate action is necessary to ensure 

public safety due to inherent hazards 

that may exist in conjunction with these 

fireworks events. 

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 ensure public safety since these 

events encompass the launching of 

projectiles over a marine environment 

with the fallout of hot debris and 

flammable materials in a vicinity of 

public marine traffic and spectators. 

Background and Purpose 

The U.S. Coast Guard is establishing 

temporary safety zones to allow for safe 

fireworks displays. The effective time is 

from 8 a.m. on August 22, 2009 through 

8 a.m. on September 13, 2009 unless 

canceled sooner by the Captain of the 

Port. All events occur within the 

Captain of the Port, Puget Sound, WA, 

Area of Responsibility (AOR). The 

following areas are designated safety 

zones: 

(1) John Eddy Wedding, Magnolia 

Bluff, WA. 

(i) Location. All water of Magnolia 

Bluff, WA extending to a 500′ radius 

from the launch site at 49°38′59.25′′ N 

122°25′21.34′′ W. 

(ii) Enforcement time and date. 9 p.m. 

to 11:30 p.m. on August 22, 2009. 

(2) True Colors Event, Blaine, WA. 

(i) Location. All water of Blaine, WA 

extending to a 300′ radius from the 

launch site at 48°59′29.25′′ N 

122°46′20.36′′ W. 

(ii) Enforcement time and date. 9 p.m. 

to 11:30 p.m. on September 6, 2009. 

(3) Kirkland Concours D’Elegence, 

Kirkland, WA. 

(i) Location. All water of Kirkland, 

Lake Washington, WA extending out to 

a 400′ radius from the launch site at 

47°39′31.27′′ N 122°12′26.35′′ W. 

(ii) Enforcement time and date. 9 p.m. 

to 11:30 p.m. on September 12, 2009. 

(4) Mikilteo Lighthouse Festival, 

Possession Sound, WA. 

(i) Location. All water of Possession 

Sound, WA extending out to a 800′ 

radius from the launch site at 47°56′54′′ 

N 122°18′36′′ W. 

(ii) Enforcement time and date. 8:30 

p.m. to 11:30 p.m. on September 12, 

2009. 

These events may result in a number 

of vessels congregating near fireworks 

launching barges and sites. The safety 

zones are needed to protect watercraft 

and their occupants from safety hazards 

associated with fireworks displays. The 

Captain of the Port Puget Sound may be 

assisted by other Federal and local 

agencies in the enforcement of this 

safety zone. 

Discussion of Rule 

This rule will control the movement 

of all vessels and persons in a regulated 

area surrounding the fireworks events 

indicated in this Temporary Final Rule. 

The safety zones do not extend on land. 

The U.S. Coast Guard through this 

action intends to promote the safety of 

vessels and spectators during fireworks 

displays and activities associated with 

these events. Entry into this zone by all 

vessels or persons will be prohibited 

unless 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. 

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 is short in 

duration and does not affect a large area 

or a critical waterway. 

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 


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46492 Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Rules and Regulations 

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 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 Puget Sound 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. 

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 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 affect 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 which 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 multiple safety zones on the 

waters of Puget Sound established for 

one week or longer to deal with an 

emergency situation. 

An ‘‘Environmental Analysis Check 

List’’ and a ‘‘Categorical Exclusion 

Determination’’ will be available in the 

docket. 

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 

■ 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; 


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Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Rules and Regulations 46493 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add temporary § 165.T13–107 to 

read as follows: 

§ 165.T13–107 Safety Zones: Fireworks 

displays within the Captain of the Port, 

Puget Sound Zone. 

(a) Safety Zones. The following areas 

are designated safety zones: 

(1) John Eddy Wedding, Magnolia 

Bluff, WA. 

(i) Location. All water of Magnolia 

Bluff, WA extending to a 500′ radius 

from the launch site at 49°38′59.25′′ N 

122°25′21.34′′ W. 

(ii) Enforcement time and date. 9 p.m. 

to 11:30 p.m. on August 22, 2009. 

(2) True Colors Event, Blaine, WA. 

(i) Location. All water of Blaine, WA 

extending to a 300′ radius from the 

launch site at 48°59′29.25′′ N 

122°46′20.36′′ W. 

(ii) Enforcement time and date. 9 p.m. 

to 11:30 p.m. on September 6, 2009. 

(3) Kirkland Concours D’Elegence, 

Kirkland, WA. 

(i) Location. All water of Kirkland, 

Lake Washington, WA extending out to 

a 400′ radius from the launch site at 

47°39′31.27′′ N 122°12′26.35′′ W. 

(ii) Enforcement time and date. 9 p.m. 

to 11:30 p.m. on September 12, 2009. 

(4) Mikilteo Lighthouse Festival, 

Possession Sound, WA. 

(i) Location. All water of Possession 

Sound, WA extending out to an 800′ 

radius from the launch site at 47°56′54′′ 

N 122°18′36′′ W. 

(ii) Enforcement time and date. 8:30 

p.m. to 11:30 p.m. on September 12, 

2009. 

(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. 

(c) 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. 

(d) Effective Period. This rule is 

effective from 8 a.m. on August 22, 2009 

through 8 a.m. on September 13, 2009 

unless canceled sooner by the Captain 

of the Port. 

Dated: August 20, 2009. 

Suzanne E. Englebert, 

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

Port, Puget Sound. 

[FR Doc. E9–21757 Filed 9–9–09; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2008–0236; FRL–8954–3] 

RIN 2060–AP85 

National Emission Standards for 

Hazardous Air Pollutants: Area Source 

Standards for Aluminum, Copper, and 

Other Nonferrous Foundries— 

Technical Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical correction. 

SUMMARY: This action makes technical 

corrections to regulatory text of the 

‘‘Revision of Source Category List for 

Standards Under Section 112(k) of the 

Clean Air Act; National Emission 

Standards for Hazardous Air Pollutants: 

Area Source Standards for Aluminum, 

Copper, and Other Nonferrous 

Foundries,’’ which was issued as a final 

rule on June 25, 2009. These technical 

corrections will not change the 

standards established by the rule or the 

level of health protection provided. 

DATES: Effective Date: September 10, 

2009. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2008–0236. All 

documents in the docket are listed in 

the Federal Docket Management System 

index at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available 

(e.g., confidential business information 

(CBI) or other information whose 

disclosure is restricted by statute). 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy at the EPA Docket Center, Public 

Reading Room, EPA West, Room 3334, 

1301 Constitution Ave., NW., 

Washington, DC. The Public Reading 

Room is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number 

for the Public Reading Room is (202) 

566–1744, and the telephone number for 

the Air Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: For 

questions about the final standards for 

aluminum foundries, contact Mr. David 

Cole, Office of Air Quality Planning and 

Standards, Outreach and Information 

Division, Regulatory Development and 

Policy Analysis Group (C404–05), 

Environmental Protection Agency, 

Research Triangle Park, NC 27711; 

Telephone Number: (919) 541–5565; 

Fax Number: (919) 541–0242; E-mail 

address: Cole.David@epa.gov. For 

questions about the final standards for 

copper foundries and other nonferrous 

foundries, contact Mr. Gary Blais, Office 

of Air Quality Planning and Standards, 

Outreach and Information Division, 

Regulatory Development and Policy 

Analysis Group (C404–05), 

Environmental Protection Agency, 

Research Triangle Park, NC 27711; 

Telephone Number: (919) 541–3223; 

Fax Number: (919) 541–0242; E-mail 

address: Blais.Gary@epa.gov. 

SUPPLEMENTARY INFORMATION: Section 

553 of the Administrative Procedure Act 

(APA), 5 U.S.C. 553(b)(B), provides that, 

when an agency for good cause finds 

that notice and public procedure are 

impracticable, unnecessary, or contrary 

to the public interest, the agency may 

issue a rule without providing notice 

and an opportunity for public comment. 

We have determined that there is good 

cause for making this action final 

without prior proposal and opportunity 

for comment because the changes to the 

rule are minor technical corrections, 

noncontroversial, and do not 

substantively change the requirements 

of the rule. Thus, notice and public 

procedure are unnecessary. We find that 

this constitutes good cause under 5 

U.S.C. 553(b)(B) (see also the final 

sentence of section 307(d)(1) of the 

Clean Air Act, 42 U.S.C. 7607(d)(1), 

indicating that the good cause 

provisions of the APA continue to apply 

to this type of rulemaking under the 

Clean Air Act). 

Regulated Entities. The regulated 

categories and entities potentially 

affected by the final rule include: 

Category NAICS 

code 1 Examples of regulated entities 

Industry: 

Aluminum Foundries ................................................. 331524 Area source facilities that pour molten aluminum into molds to manufacture aluminum castings (excluding die casting). 


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