[Federal Register Volume 60, Number 68 (Monday, April 10, 1995)]
[Proposed Rules]
[Pages 18068-18069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8645]
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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: 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 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 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 concurrence with, or any
recommended changes in, the proposal. 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 desiring 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 Ivar's Fireworks in Seattle,
Washington. This event is held on the water of Elliott Bay 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 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 Ivar's Fourth of July
Fireworks Display is being held as part of the celebration for the
Fourth of July Independence Day in Seattle, Washington. This event is
sponsored by Ivar's, Incorporated. The fireworks display is conducted
from a barge located on the waters of Elliott Bay, 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. 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
half of one square nautical mile on Elliott Bay adjacent to Myrtle
Edwards Park. Entry into the safety zone would be restricted for less
than three hours on the day of the event. These restrictions would have
[[Page 18069]] little effect on maritime commerce in the area.
Small Entities
Under the Regulatory 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.
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
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.
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 165.1307 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.
(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 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 Puget Sound.
[FR Doc. 95-8645 Filed 4-7-95; 8:45 am]
BILLING CODE 4910-14-M
