[Federal Register Volume 60, Number 230 (Thursday, November 30, 1995)]
[Rules and Regulations]
[Pages 61482-61483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29273]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD13-95-010]
RIN 2115-AA97
Safety Zone Regulations; Lake Union, Seattle, WA
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is adopting a permanent safety zone for the
annual Fourth of July Fireworks Display on Lake Union, Seattle,
Washington. This event is held each year on the Fourth of July on the
waters of Lake Union. In the past, the Coast Guard has established a
temporary safety zone each year to protect the safety of life on the
navigable waters during this event. However, because the event recurs
annually, the Coast Guard is adopting a permanent rule to better inform
the boating public.
EFFECTIVE DATE: January 2, 1996.
ADDRESSES: Documents referred to in this preamble are available for
inspection or copying at U.S. Coast Guard Group Seattle, 1519 Alaskan
Way South, Building One, Room 130, Seattle, WA 98134. Normal office
hours are between 7 a.m. and 4 p.m., Monday through Friday, except
federal holidays.
FOR FURTHER INFORMATION CONTACT:
LT Ben White, Assistant Operations Officer, U.S. Coast Guard Group
Seattle, (Telephone: (206) 217-6009).
SUPPLEMENTARY INFORMATION:
Drafting Information: The principal persons involved in drafting
this document are LT Susan Workman, Project Manager, U.S. Coast
Guard Group Seattle, and LCDR John Odell, Project Counsel,
Thirteenth Coast Guard District Legal Office.
Regulatory History
On April 10, 1995, the Coast Guard published a notice of proposed
rulemaking (entitled Safety Zone Regulations; Lake Union, Seattle, WA)
in the Federal Register (60 FR 18065). The Coast Guard received no
letters commenting on the proposal. No public hearing was requested,
and none was held.
Background and Purpose
The Coast Guard is adopting permanent safety zone regulations for
the annual Fourth of July Fireworks Display on Lake Union, Seattle,
Washington, This event is held on the waters of Lake Union each year
from 9:30 p.m. to 11 p.m. on July fourth and is sponsored by One Reel,
Incorporated. The Coast Guard, (by adopting a permanent safety zone
through this action), intends to promote the safety of spectators and
participants in this event. Each year, as part of this event, a
fireworks display is conducted from a barge located on the waters of
Lake Union, Seattle, Washington. To promote the safety of both the
spectators and participants and to keep spectators away from the
fireworks barge during the fireworks display, this rule establishes a
safety zone around the fireworks barge and prohibits entry into the
area that
[[Page 61483]]
surrounds the fireworks barge during the event. Under this rule, the
Captain of the Port may establish transit lanes along the east and west
shorelines of Lake Union. If established, boaters will be allowed to
transit north and south through the safety zone in these lanes. These
lanes will remain open until 10 p.m. and then be closed until the
conclusion of the fireworks display. This safety zone will be enforced
by representatives of the Captain of the Port Puget Sound, Seattle,
Washington. The Captain of the Port may be assisted by other federal
agencies.
Regulatory Evaluation
This rule is not a significant action under section 3(f) of
Executive Order 12866 and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that order. It has been
exempted from review by the Office of Management and Budget under that
order. It is not significant under the regulatory policies and
procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
regulation to be so minimal that a full regulatory evaluation under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary. The safety zone established by this regulation will
encompass less than eight hundred square yards in the center of Lake
Union. Entry into the safety zone will be restricted for less than
three hours on the day of the event. These restrictions will have
little effect on maritime commerce in the area.
Small Entities
The impact on small entities is expected to be minimal. Therefore,
the Coast Guard certifies under 5 U.S.C. 605(b) that this regulation
will not have a significant economic impact on a substantial number of
small entities.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this action in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that this rule does not have sufficient federalism
implications to warrant the preparation of a federalism assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that, under paragraph 2.B.2 of Commandant Instruction
M16475.1B (as revised by 59 FR 38654; July 29, 1994), this rule is
categorically excluded from further environmental documentation.
Appropriate environmental analysis of the Lake Union Fireworks Display
will be conducted in conjunction with the marine event permitting
process each year. Any environmental documentation required under the
National Environmental Policy Act will be completed prior to the
issuance of a marine event permit for this event.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Final Regulations
For reasons set out in the preamble, the Coast Guard amends 33 CFR
Part 165 as follows:
PART 165--[AMENDED]
1. The authority citation for Part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.
2. A new section 165.1306 is added to read as follows:
Sec. 165.1306 Lake Union, Seattle, WA.
(a) Location. The following area is a safety zone: All portions of
the waters of Lake Union bounded by the following coordinates: Latitude
47 deg.38'32'' N, Longitude 122 deg.20'34'' W; thence to Latitude
47 deg.38'32'' N, Longitude 122 deg.19'48'' W; thence to Latitude
47 deg.38'10'' N, Longitude 122 deg.19'45'' W; thence to Latitude
47 deg.38'10'' N, Longitude 122 deg.20'24'' W; thence returning to the
origin. This safety zone begins 1,000 feet south of Gas Works Park and
encompasses all waters from east to west for 2,500 feet. Floating
markers will be placed by the sponsor of the fireworks demonstration to
delineate the boundaries of the safety zone. [Datum: NAD 1983]
(b) Effective dates. This section is effective annually on July
fourth from 9:30 p.m. to 11 p.m. unless otherwise specified by Federal
Register notice.
(c) Regulation. In accordance with the general regulations in
Sec. 165.23 of this part, entry into the safety zone is prohibited
unless authorized by the Captain of the Port, Puget Sound, Seattle, WA.
The Captain of the Port may establish transit lanes along the east and
west shorelines of Lake Union and may allow boaters to transit north
and south through the safety zone in these lanes. If established, these
transit lanes will remain open until 10 p.m. and then be closed until
the end of the fireworks display (approximately 30 minutes).
Dated: November 13, 1995.
R.K. Softye,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 95-29273 Filed 11-29-95; 8:45 am]
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