34246 Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Rules and Regulations 

Effective time and date. 9:30 p.m. to 

11 p.m. on July 4, 2009. 

(19) City of Renton, Renton, Lake 

Washington, WA. 

Location. All waters of Renton, Lake 

Washington, WA extending out to a 400′ 

radius from the launch site at 47°29′59′′ 

N 122°11′51′′ W. 

Effective time and date. 9:30 p.m. to 

11 p.m. on July 4, 2009. 

(20) Yarrow Point Community, 

Yarrow Point, WA. 

Location. All waters of Yarrow Point, 

WA extending out to a 600′ radius from 

the launch site at 47°38′43.62′′ N 

122°13′27.95′′ W. 

Effective time and date. 9:30 p.m. to 

11 p.m. on July 4, 2009. 

(21) Fireworks Display, Henderson 

Bay, WA. 

Location. All waters of Henderson 

Bay, WA extending out to a 600′ radius 

from the launch site at 47°21′48′′ N 

122°38′22′′ W. 

Effective time and date. 9:30 p.m. to 

11:30 p.m. on July 4, 2009. 

(22) Chase Family Fourth at Lake 

Union, Lake Union, WA. 

Location. All waters of Lake Union, 

WA bounded by the following points: 

47°38.592′ N 122°20.242′ W; 47°38.567′ 

N 122°19.963′ W; 47°38.210′ N 

122°20.238′ W; 47°38.210′ N 

122°19.953′ W. 

Effective time and date. 9:30 p.m. to 

11:30 p.m. on July 4, 2009. 

(23) Port Orchard 4th of July 

Fireworks, Port Orchard, WA. 

Location. All waters of Port Orchard, 

WA extending to a 1,000′ radius from 

the launch site at 47°32′53′′ N 

122°37′55′′ W. 

Effective time and date. 8:30 p.m. to 

11:59 p.m. on July 4, 2009. 

(24) Steilicoom Annual 4th of July 

Fireworks, Steilicoom, WA. 

Location. All waters of Steilicoom, 

WA extending to a 1300′ radius from the 

launch site at 47°10′24′′ N 122°36′12′′ W. 

Effective time and date. 7:30 p.m. to 

11:30 p.m. on July 4, 2009. 

(25) Friday Harbor Independence, 

Friday Harbor, WA. 

Location. All waters of Friday Harbor, 

WA extending to a 700′ radius from the 

launch site at 48°32′36′′ N 122°00′28′′ W. 

Effective time and date. 8:30 p.m. to 

11:59 p.m. on July 4, 2009. 

(26) City of Anacortes, Fidalgo Bay, 

WA. 

Location. All waters of Fidalgo Bay, 

WA extending to a 600′ radius from the 

launch site at 47°17′06′′ N 122°28′24′′ W. 

Effective time and date. 9:30 p.m. to 

11:30 p.m. on July 4, 2009. 

(27) Port Angeles, Port Angeles 

Harbor, WA. 

Location. All waters of Port Angeles 

Harbor, WA extending to a 600′ radius 

from the launch site at 48°07′02′′ N 

123°24′58′′ W. 

Effective time and date. 9:30 p.m. to 

11:30 p.m. on July 4, 2009. 

(28) 4th of July, Roche Harbor, WA. 

Location. All waters of Roche Harbor, 

WA extending to an 800′ radius from the 

launch site at 48°36′42′′ N 123°09′30′′ W. 

Effective time and date. 9:30 p.m. to 

11:30 p.m. on July 4, 2009. 

(29) Brewster Fire Department 4th of 

July, Brewster, WA. 

Location. All waters of northern 

Columbia River, WA extending to an 

800′ radius from the launch site at 

48°06′22′′ N 119°47′09′′ W. 

Effective time and date. 9:30 p.m. to 

11:30 p.m. on July 4, 2009. 

(30) Des Moines 4th of July, Des 

Moines, WA. 

Location. All waters of Des Moines 

Marina Pier, WA extending to a 400′ 

radius from the launch site at 47°24′07′′ 

N 122°20′02′′ W. 

Effective time and date. 9:30 p.m. to 

11 p.m. on July 4, 2009. 

(31) Mercer Island Summer 

Celebration, Mercer Island, WA. 

Location. All waters of Lake 

Washington, WA extending out to a 400′ 

radius from the launch site at 47°35′31′′ 

N 122°13′14′′ W. 

Effective time and date. 9 p.m. to 

11:30 p.m. on July 11, 2009. 

(32) Whaling Days, Dyes Inlet 

Silverdale, WA. 

Location. All waters of Dyes Inlet 

Silverdale, WA extending out to a 1000′ 

radius from the launch site at 47°38′39′′ 

N 122°41′21′′ W. 

Effective time and date. 7:30 p.m. to 

11:30 p.m. on July 24, 2009. 

(33) Seafair, Lake Washington, WA. 

Location. All waters of Lake 

Washington, WA extending out to a 

1000′ radius from the launch site at 

47°34′20′′ N 122°16′01′′ W. 

Effective time and date. 9:30 p.m. to 

11 p.m. on August 1, 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 any of 

these safety zones except for vessels 

authorized by the Captain of the Port or 

a Designated Representative. 

(c) Authorization. All vessel operators 

who desire to enter any of these safety 

zones must obtain permission from the 

Captain of the Port or a 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) Enforcement Period. This rule is 

effective from 8 a.m. on July 2, 2009 

through 8 a.m. on August 2, 2009. 

Dated: July 1, 2009. 

Suzane E. Englebert, 

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

Port, Puget Sound. 

[FR Doc. E9–16804 Filed 7–14–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0521] 

RIN 1625–AA00 

Safety Zone; Fireworks Display at the 

Craneway Building, Richmond, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

the navigable waters off of Richmond, 

CA, in support of a fireworks display for 

a corporate party at the Craneway 

building. This safety zone is established 

to ensure the safety of participants and 

spectators from the dangers associated 

with the pyrotechnics. Unauthorized 

persons or vessels are prohibited from 

entering into, transiting through, or 

remaining in the safety zone without 

permission of the Captain of the Port or 

his designated representative. 

DATES: This rule is effective from 12:45 

p.m. on August 21, 2009 through 10:15 

p.m. on August 27, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0521 and are available online by going 

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

the Advanced Docket Search option on 

the right side of the screen, inserting 

USCG–2009–0521 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. They are 

also available for inspection or copying 

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. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call Ensign Liezl Nicholas, U.S. 

Coast Guard Sector San Francisco, at 

(415) 399–7436 or 

Liezl.A.Nicholas@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Rules and Regulations 34247 

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 the 

event would occur before the 

rulemaking process would be 

completed. Because of the dangers 

posed by the pyrotechnics used in this 

fireworks display, the safety zone is 

necessary to provide for the safety of 

event participants, spectators, spectator 

craft, and other vessels transiting the 

event area. For the safety concerns 

noted, it is in the public interest to have 

these regulations in effect during the 

event. 

Background and Purpose 

Innovative Entertainment will 

sponsor a fireworks display on August 

21, 23, 25, & 27, 2009, on the navigable 

waters off of Richmond, CA. The 

fireworks display is meant for 

entertainment purposes. This safety 

zone is issued to establish a temporary 

restricted area on the waters 

surrounding the fireworks launch site 

during loading of the pyrotechnics, and 

during the fireworks display. This 

restricted area around the launch site is 

necessary to protect spectators, vessels, 

and other property from the hazards 

associated with the pyrotechnics on the 

fireworks barges. The Coast Guard has 

granted the event sponsor a marine 

event permit for the fireworks display. 

Discussion of Rule 

During the set up of the fireworks and 

until the start of the fireworks display, 

the temporary safety zone applies to the 

navigable waters around the fireworks 

site within a radius of 100 feet. Loading 

of the pyrotechnics onto the barge at 

Pier 50 is scheduled to commence at 1 

p.m. on August 21, 23, 25, & 27, 2009. 

From 9:30 p.m. until 10:15 p.m., the 

area to which the temporary safety zone 

applies will increase in size to 

encompass the navigable waters around 

the fireworks launch site within a radius 

of 1,000 feet. 

The effect of the temporary safety 

zone will be to restrict navigation in the 

vicinity of the fireworks site while the 

fireworks are set up, and until the 

conclusion of the scheduled display. 

Except for persons or vessels authorized 

by the Coast Guard Patrol Commander, 

no person or vessel may enter or remain 

in the restricted area. These regulations 

are needed to keep spectators and 

vessels a safe distance away from the 

fireworks barge to ensure the safety of 

participants, spectators, and transiting 

vessels. 

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. 

Although this rule restricts access to 

the waters encompassed by the safety 

zone, the effect of this rule will not be 

significant because the local waterway 

users will be notified via public 

Broadcast Notice to Mariners to ensure 

the safety zone will result in minimum 

impact. The entities most likely to be 

affected are pleasure craft engaged in 

recreational activities. 

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 may affect owners and 

operators of pleasure craft engaged in 

recreational activities and sightseeing. 

This rule will not have a significant 

economic impact on a substantial 

number of small entities for several 

reasons: (i) vessel traffic can pass safely 

around the area, (ii) vessels engaged in 

recreational activities and sightseeing 

have ample space outside of the affected 

portion of the areas off Richmond, CA 

to engage in these activities, (iii) this 

rule will encompass only a small 

portion of the waterway for a limited 

period of time, and (iv) the maritime 

public will be advised in advance of this 

safety zone via Broadcast Notice to 

Mariners. 

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. 


srobinson on DSKHWCL6B1PROD with RULES
34248 Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Rules and Regulations 

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 

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 establishing, disestablishing, or 

changing Regulated Navigation Areas 

and security or 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, and 

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. 

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. 

■ 2. Add temporary § 165–T11.207 to 

read as follows: 

§ 165–T11.207 Safety Zone; Fireworks 

Display at the Craneway Building, 

Richmond, CA. 

(a) Location. This temporary safety 

zone is established for the waters off 

Richmond, CA. The fireworks launch 

site will be located in position 37°54′ 

26.99′′ N, 122°21′ 39.31′′ W (NAD 83). 

During the loading of the fireworks 

onto the barge, and until the start of the 

fireworks display, the temporary safety 

zone applies to the navigable waters 

around the fireworks site within a 

radius of 100 feet. From 9:30 p.m. until 

10:15 p.m. on August 21, 23, 25, & 27, 

2009, the area to which the temporary 

safety zone applies will increase in size 

to encompass the navigable waters 

around the fireworks site within a 

radius of 1,000 feet. 

(b) Definitions. As used in this 

section, ‘‘designated representative’’ 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port San Francisco (COTP) in the 

enforcement of the safety zone. 

(c) Regulations. 

(1) Under the general regulations in 

§ 165.23, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

COTP or the COTP’s designated 

representative. 

(2) The safety zone is closed to all 

vessel traffic, except as may be 

permitted by the COTP or a designated 

representative. 

(3) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the COTP or a designated 

representative to obtain permission to 

do so. Vessel operators given permission 

to enter or operate in the safety zone 

must comply with all directions given to 

them by the COTP or the designated 

representative. Persons and vessels may 

request permission to enter the safety 

zone on VHF–16 or through the 24-hour 

Command Center at telephone (415) 

399–3547. 

(d) Effective period. This section is 

effective from 12:45 p.m. through 10:15 

p.m. on August 21, 23, 25, & 27, 2009. 

Dated: June 29, 2009. 

P.M. Gugg, 

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

Port San Francisco. 

[FR Doc. E9–16683 Filed 7–14–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0568] 

RIN 1625–AA00 

Safety Zone; James River, Navy Live 

Fire and Explosive Training 

AGENCY: Coast Guard, DHS. 


srobinson on DSKHWCL6B1PROD with RULES