[Federal Register Volume 59, Number 118 (Tuesday, June 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15055]
[[Page Unknown]]
[Federal Register: June 21, 1994]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD 13-94-009]
Safety Zone Regulations; Fireworks Display; Elliott Bay, Seattle,
WA
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone for the
Independence Day fireworks display to be held on July 4 from 9:30 p.m.
(PDT) until 11 p.m. (PDT). The fireworks display barge will be
positioned near the shoreside of Elliott Bay, Seattle, Washington in
the area of Myrtle Edwards Park. This safety zone is necessary to
control spectator craft and to provide for the safety of life and
property on and in the vicinity of navigable waters during the event.
EFFECTIVE DATE: These regulations become effective on July 4, 1994 at
9:30 p.m. (PDT) and terminate on July 4, 1994 at 11 p.m. (PDT).
FOR FURTHER INFORMATION CONTACT: LT S. Workman, Assistant Operations
Officer, Coast Guard Group Seattle, Washington, (202) 217-6009.
SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of
proposed rulemaking has not been published for these regulations and
good cause exists for making them effective in less than 30 days from
the date of publication. Following normal rulemaking procedures would
have been impracticable. The application to hold the event was just
recently received leaving insufficient time to publish proposed rules
in advance of the event or to provide for a delayed effective date.
Drafting Information
The drafters of this temporary final rule are LT Andrew W. Connor,
project officer, and LT Laticia J. Argenti, project attorney, Coast
Guard District Thirteen Legal Office.
Discussion of Regulations
The Elliott Bay 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 Restaurants. 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.
To promote the safety of both the spectators and participants, this
safety zone is required to keep spectators away from the explosive
fireworks barge during the fireworks display. The exclusionary area is
designed to keep all spectators away from the fireworks barge.
Regulatory Evaluation
This proposed rule is not a significant regulatory 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.
Federalism Assessment
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that the proposed rulemaking does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environmental Assessment
This temporary rule has been thoroughly reviewed by the Coast Guard
and determined to be categorically excluded from further environmental
documentation in accordance with section 2.B.2.C. of Commandant
Instruction M16475.1B. A Categorical Exclusion Determination statement
has been prepared and placed in the rulemaking docket.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
In consideration of the foregoing, Part 165 of Title 33, Code of
Federal Regulations, is amended 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 temporary Sec. 165.T13-006 is added to read as follows:
Sec. 165.T13-006 Safety Zone: Elliott Bay, Seattle, WA
(a) Location. The following area is a safety zone: The waters of
Elliott Bay, Seattle, Washington, in the area of Myrtle Edwards Park.
The safety zone will be comprised of a portion of water around the
fireworks barge bounded by the following coordinates: Latitude 47 deg.
37'22'' N, Longitude 122 degrees 22'06'' W, Latitude 47 deg. 37'06'' N,
longitude 122 deg. 21'45'' W, Latitude 47 deg. 36'54'' W, Latitude 47
degrees 37'09'' N, Longitude 122 degrees, 22'25'' W.
(b) Definitions.
Designated representative of the District Commander is any Coast
Guard commissioned, warrant or petty officer who has been authorized by
the District Commander, Thirteenth Coast Guard District, to act on his
behalf.
Official patrol consists of any Coast Guard vessel, state or local
law enforcement, and/or sponsor-provided vessels assigned and/or
approved by Commander, Thirteenth Coast Guard District to patrol each
event. All persons and/or vessels not registered with the sponsor as
participants or official patrol vessels are considered spectators.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this safety zone is prohibited
unless authorized by the District Commander or his designated
representative. When hailed and/or signaled by an official patrol
vessel, a spectator shall come to an immediate stop. Vessels shall
comply with all directions given, failure to do so may result in a
citation.
(2) No spectators shall anchor, block, loiter in, or impede the
through transit of participants or official patrol vessels in the
regulated area during the effective dates and times, unless cleared for
such entry by or through an official patrol vessel.
(3) The Patrol Commander is empowered to forbid and control the
movement of all vessels in the regulated area. The Patrol Commander or
his designated representative may terminate the event at any time it is
deemed necessary for the protection of life and property. He may be
reached on VHF Channel 16 (156.8 MHz) when required, by the call sign
``PATCOM''.
(d) Effective date. This section becomes effective on July 4, 1994
at 9:30 p.m. (PDT) and terminates on July 4, 1994 at 11 p.m. (PDT)
unless sooner terminated by the District Commander.
Dated: June 3, 1994.
John A. Pierson,
Captain, U.S. Coast Guard, Acting Commander, Thirteenth Coast Guard
District.
[FR Doc. 94-15055 Filed 6-20-94; 8:45 am]
BILLING CODE 4910-14-M
