[Federal Register Volume 73, Number 149 (Friday, August 1, 2008)]
[Rules and Regulations]
[Pages 44913-44915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17618]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0732]
RIN 1625-AA00


Safety Zone; Seafair Fireworks, Lake Washington, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of Lake Washington, WA during Seattle's Seafair Fireworks show. 
This safety zone is necessary to ensure the safety of recreational and 
commercial boaters in the area during the fireworks show on August 2nd, 
2008. Entry into, transit through, mooring, or anchoring within this 
zone is prohibited unless authorized by the Captain of the Port, Puget 
Sound or his designated representatives.

DATES: This rule is effective from 8 p.m. until 11:59 p.m. (PDT) on 
August 2nd, 2008.

ADDRESSES: Documents mentioned in this preamble as being available in 
the docket are part of docket USCG-2008-0732 and are available online 
at http://www.regulations.gov. This material is also available for 
inspection or copying at two locations: 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, and the Waterways Management Division, Coast Guard Sector 
Seattle, 1519 Alaskan Way South, Seattle, WA 98134, between 8 a.m. and 
4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call Ensign Heidi Bevis, c/o Captain of the Port Puget 
Sound, 1519 Alaskan Way South, Seattle, Washington 98134, (206) 217-
6002. 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 the safety of commercial and recreational vessels in the 
vicinity of the fireworks on the date and times this rule will be in 
effect and delay would be contrary to the public interest.
    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. Delaying the effective date would 
be contrary to the public interest, since immediate action is needed to 
ensure public safety.

Background and Purpose

    The Coast Guard is establishing a temporary safety zone to provide 
for the safety of boaters during Seattle's Seafair Fireworks Show. The 
Coast Guard is establishing this zone to protect vessels and persons 
from the hazards associated with the fallout of burning embers that 
will be generated by the fireworks. The safety zone is also intended to 
protect boaters from the hazards associated with excessive vessel 
congestion associated with Seafair's activities. The safety zone is 
needed to keep vessels out of the affected area during the show.

[[Page 44914]]

Discussion of Rule

    This temporary rule will prohibit the entering, transiting, 
anchoring, or mooring of all vessels in a safety zone on Lake 
Washington. The safety zone includes all waters within a 1000 feet 
radius centered on the point 47[deg]34'15'' North latitude, 
122[deg]16'10'' West longitude on Lake Washington.
    The Coast Guard, through this action, intends to promote the safety 
of personnel and vessels in the area. Entry into this zone by all 
vessels will be prohibited unless authorized by the Captain of the 
Port. This safety zone will be enforced by the U.S. Coast Guard. The 
Captain of the Port may be assisted in the enforcement of this safety 
zone by other federal, state, or local agencies.

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 expectation is based on the fact 
that the regulated area established by the regulation would encompass a 
small area that should not significantly impact commercial or 
recreational traffic. For the above reasons, the Coast Guard does not 
anticipate any significant economic impact.

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.
    This rule will affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to transit 
this portion of Lake Washington during the time this regulation is in 
effect. The zone will not have a significant economic impact due to its 
short duration and small area. Vessel traffic can safely pass around 
the safety zone. Before the effective period, we will issue maritime 
advisories to users of Lake Washington. Because the impacts of this 
rule are expected to be so minimal, the Coast Guard certifies under 
605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that 
this temporary rule will not have a significant economic impact on a 
substantial number of small entities.

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 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 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 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

[[Page 44915]]

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 5100.1 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 
under the Instruction that there are no factors in this case that would 
limit the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation. 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.

0
For the reasons discussed in the preamble, the Coast Guard amends part 
165 of Title 33, Code of Federal Regulations, 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. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 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. From 8 p.m. until 11:59 p.m. (PDT) on August 2nd, 2008, a temporary 
section Sec.  165.T13-054 is added to read as follows:


Sec.  165.T13-054  Safety Zone: Lake Washington, WA.

    (a) Location. The following area is a safety zone: The waters 
within an area 1000 feet radius centered on the point 
47[deg]34[min]15[sec] N, 122[deg]16[min]10[sec] W on Lake Washington, 
Washington.
    (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 his designated representatives.
    (c) Enforcement Period. From 8 p.m. until 11:59 p.m. on August 2nd, 
2008 unless sooner cancelled by the Captain of the Port.

    Dated: July 22, 2008.
Stephen P. Metruck,
Captain, U.S. Coast Guard, Captain of the Port Puget Sound.
[FR Doc. E8-17618 Filed 7-31-08; 8:45 am]
BILLING CODE 4910-15-P