[Federal Register Volume 60, Number 230 (Thursday, November 30, 1995)]
[Rules and Regulations]
[Pages 61481-61482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29275]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD13-95-007]
RIN 2115-AA97
Safety Zone Regulations; Elliott Bay, 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 Ivar's Fireworks Display in Seattle, Washington.
This event is held each year on the Fourth of July on the waters of
Elliott Bay. 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; Elliott Bay, Seattle, WA)
in the Federal Register (60 FR 18068). 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 Ivar's Fireworks Display in Seattle,
Washington. This event is held on the waters of Elliott Bay each year
from 9:30 p.m. to 11 p.m. on July fourth and is sponsored by Ivar's,
Incorporated. The Coast Guard (by adopting a permanent safety zone
through this action) intends to promote the safety of spectators and
participants during this event. Each year, as part of the event, a
fireworks display is conducted from a barge located on the waters of
Elliott Bay, 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 surrounds the fireworks barge during the event. 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.
[[Page 61482]]
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 the proposed regulation
will encompass less than a half of one square nautical mile on Elliott
Bay adjacent to Myrtle Edwards Park. 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 Ivar's Fourth of July
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 record
keeping requirements, Security measures, Waterways.
Final Regulations
For the reasons set out in the preamble, the Coast Guard amends 33
CFR 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 165.1307 is added to read as follows:
Sec. 165.1307 Elliott Bay, Seattle, WA.
(a) Location. The following area is a safety zone: All portions of
Elliott Bay bounded by the following coordinates: Latitude 47 deg.37'
22'' N, Longitude 122 deg. 22' 06'' W; thence to Latitude 47 deg. 37'
06'' N, Longitude 122 deg. 21' 55'' W; thence to Latitude 47 deg. 36'
54'' N, Longitude 122 deg. 22' 05'' W; thence to Latitude 47 deg. 36'
09'' N, Longitude 122 deg. 22' 25'' W; thence returning to the origin.
This safety zone resembles a square centered around the barge from
which the fireworks will be launched and begins 100 yards from the
shoreline of Myrtle Edwards Park. Floating markers will be placed by
the sponsor of the fireworks display 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 this safety zone is prohibited
unless authorized by the Captain of the Port, puget sound, Seattle, WA.
Dated: November 13, 1995.
R.K. Softye,
Captain, U.S. Coast Guard, Captain of the Port Puget Sound.
[FR Doc. 95-29275 Filed 11-29-95; 8:45 am]
BILLING CODE 4910-14-M
