[Federal Register Volume 60, Number 68 (Monday, April 10, 1995)]
[Proposed Rules]
[Pages 18065-18066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8643]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to adopt permanent safety zone
regulations 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 proposing to adopt a
permanent description of the event and permanent regulations to better
inform the boating public.
DATES: Comments must be received on or before June 9, 1995.
ADDRESSES: Comments should be mailed to U.S. Coast Guard Group Seattle,
1519 Alaskan Way So., Seattle, WA 98134. The comments and other
materials referenced in this notice will be available for inspection
and copying at the above address in Building One, Room 130, Operations
Division. Normal office hours are between 7 a.m. and 4 p.m., Monday
through Friday, except federal holidays. Comments may also be hand-
delivered to this address.
FOR FURTHER INFORMATION CONTACT:
LT Susan Workman, Assistant Operations Officer, U.S. Coast Guard Group
Seattle, (206) 217-6009.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, and arguments.
Persons submitting comments should include their names and addresses,
identify this notice, specify the section of this notice to which each
comment applies, and give the reason for each comment. Two copies of
each comment should be provided in an unbound format on paper no larger
than 8\1/2\ by 11 inches and should be suitable for copying and
electronic filing. Persons wanting acknowledgment of receipt of their
comments should enclose stamped, self-addressed postcards or envelops.
The proposed regulations may be changed in light of comments
received. All comments received during the comment period will be
considered before final action is taken on this proposal.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the above address. The request should
include the reasons why a hearing would be beneficial. If the Coast
Guard determines that the opportunity for oral presentation will aid
this rulemaking, it will hold a public hearing at a time and place
announced by a later notice in the Federal Register.
Drafting Information
The principal persons involved in drafting this document are LT
Susan Workman, Assistant Operations Officer, U.S. Coast Guard Group
Seattle, and LCDR John Odell, project attorney, Thirteenth Coast Guard
District Legal Office.
Discussion of Proposed Regulation
The Coast Guard is proposing to adopt 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. In the past,
the Coast Guard has established a temporary safety zone each year
surrounding the fireworks barge to protect the safety of life on the
navigable waters during the event. However, because the event recurs
annually, the Coast Guard is proposing to adopt a permanent description
of the event and permanent regulations in the Code of Federal
Regulations (CFR) to better inform the boating public. The Coast Guard,
through this action, intends to promote the safety of spectators and
participants in this event. The Lake Union Fireworks Display is held
annually as part of the celebration for the Fourth of July Independence
Day in the Lake Union community. This event is sponsored by One Reel
Incorporated. The fireworks display is conducted from a barge located
on the waters of Lake Union, Seattle, Washington. This one day event
attracts a large number of spectators gathered on the waters near the
fireworks display. Spectators who approach the fireworks barge at close
range may be struck by falling debris from the overhead fireworks
display. To promote the safety of both the spectators and participants
and to keep spectators away from the fireworks barge during the
fireworks display, the proposed regulations would establish a safety
zone and prohibit entry into the area that surrounds the fireworks
barge during the event. Under the proposed regulations, the Captain of
the Port may establish transit lanes along the east and west shorelines
of Lake Union. If established, boaters would be allowed to transit
north and south through the safety zone in these lanes. These lanes
would 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 proposal 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 proposal 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 would encompass less than
eight hundred square yards in the center of Lake Union. Entry into the
safety zone around the fireworks barge would be restricted for less
than three hours on the day of the event. These restrictions would have
little effect on maritime commerce in the area. [[Page 18066]]
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' may include (1) Small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000. Because it expects the impact of this
proposal to be minimal, the Coast Guard certifies under 5 U.S.C. 605(b)
that this proposal, if adopted, will not have a significant economic
impact on a substantial number of small entities. Therefore, the Coast
Guard certifies under 5 U.S.C. 605(b) that this proposal, if adopted,
will not have a significant economic impact on a substantial number of
small entities. If, however, you think that your business or
organization qualifies as a small entity and that this proposal will
have a significant economic impact on your business or organization,
please submit a comment (see ADDRESSES) explaining why you think it
qualifies and in what way and to what degree this proposal will
economically affect it.
Collection of Information
This proposal 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 proposal does not have sufficient federalism
implications to warrant the preparation of a federalism assessment.
Environment
The Coast Guard considered the environmental impact of this
proposed regulation and concluded that, under paragraph 2.B.2 of
Commandant Instruction M16475.1B (as revised by 59 FR 38654; July 29,
1964), this proposed regulation 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 record
keeping requirements, Security measures, Waterways.
Proposed Regulations
In consideration of the foregoing, the Coast Guard proposes to
amend Part 165 of Title 33, Code of Federal Regulations, 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 Sec. 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.30'32''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 1000 feet south of Gas Works Park and
encompasses all waters from east to west for 2500 feet. Floating
markers will be placed by the sponsor of the fireworks demonstration to
delineate the boundaries of the safety zone.
(b) Effective dates. These regulations become 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: March 29, 1995.
R.K. Softye,
Captain, U.S. Coast Guard, Captain of the Port Puget Sound.
[FR Doc. 95-8643 Filed 4-7-95; 8:45 am]
BILLING CODE 4910-14-M
