[Federal Register Volume 60, Number 68 (Monday, April 10, 1995)]
[Proposed Rules]
[Pages 18066-18068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8644]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD13-95-009]
RIN 2115-AA97
Safety Zone Regulations; Commencement Bay, Tacoma, 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 Forth of July Freedom Fair Airshow and
Fireworks Display in Tacoma, Washington. This event is held each year
on the Fourth of July on the waters of Commencement 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
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, (Telephone: (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. All comments
should be 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 envelopes.
The proposed regulations may be changed in light of comments
received. [[Page 18067]] 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 Freedom Fair Airshow and
Fireworks Display in Tacoma, Washington. This event is held on the
waters of Commencement Bay each year from 2 p.m. on July fourth to
12:30 a.m. on July fifth. 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 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 Freedom Fair Airshow and Fireworks
Display is being held as part of the celebration for the Fourth of July
Independence Day in Tacoma, Washington. This event is sponsored by the
Tacoma Fourth of July Commission. The airshow is conducted over the
waters of Commencement Bay just off shore from Ruston Way and the Old
Town area. The Federal Aviation Administration (FAA) requires that the
waters below the airshow aerobatics be closed to all spectators. This
required closed area measures 1000 yards by 1800 yards on the waters of
Commencement Bay, Tacoma, Washington, along the shoreline of Ruston
Way. The fireworks display is conducted from a barge located inside the
airshow closure area. The fireworks display will take place late in the
evening after the airshow is complete. This one day event attracts a
large number of spectators gathered on the waters near the airshow and
fireworks display. Spectators who approach the fireworks barge at close
range during the event may be struck by debris falling from the
overhead fireworks display. To promote the safety of both the
spectators and participants, and to keep spectators away from both the
airshow aerobatics area and the fireworks barge during the events, the
proposed regulations would establish a safety zone and prohibit entry
into the area surrounding the events. 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 a
one square nautical mile on Commencement Bay adjacent to the Old Town
area on Ruston Way. Entry into the safety zone would be restricted for
less than nine hours on the day of the event. These restrictions would
have little effect on maritime commerce in the area.
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 jurisdiction 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 the 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,
1994), this proposed regulation is categorically excluded from further
environmental documentation. Appropriate environmental analysis of the
Fourth of July Freedom Fair Airshow and 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.
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 section 165.1305 is added to read as
follows: [[Page 18068]]
Sec. 165.1305 Commencement Bay, Tacoma, WA.
(a) Location. The following area is a safety zone: All portions of
Commencement Bay bounded by the following coordinates: Latitude 47 deg.
17' 34'' Longitude 122 deg. 28' 36'' W; thence to Latitude 47 deg. 17'
06'' N, Longitude 122 deg. 27' 40'' W; thence to Latitude 47 deg. 16'
42'' N, Longitude 122 deg. 28' 06'' W; thence to Latitude 47 deg. 17'
10'' W, Longitude 122 deg. 29' 02'' W; thence returning to the origin.
This safety zone resembles a rectangle lying adjacent to the shoreline
along Ruston Way. Floating markers will be placed by the sponsor of the
event to delineate the boundaries of the safety zone.
(b) Effective dates. These regulations become effective annually on
July the fourth from 2 p.m. to 12:30 a.m. July the fifth 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: March 29, 1995.
R. K. Softye,
Captain, U.S. Coast Guard, Captain of the Port of Puget Sound.
[FR Doc. 95-8644 Filed 4-7-95; 8:45 am]
BILLING CODE 4910-14-M
