[Federal Register Volume 61, Number 177 (Wednesday, September 11, 1996)]
[Rules and Regulations]
[Pages 47823-47824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23245]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD13-96-028]
RIN 2115-AA97
Safety Zone Regulations; Bellingham Bay, Bellingham, WA
AGENCY: Coast Guard, DOT.
ACTION: Direct final rule.
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SUMMARY: By this direct final rule, the Coast Guard is permanently
amending a safety zone regulation for the annual Fourth of July Blast
Over Bellingham Fireworks Display in Bellingham Bay, Bellingham,
Washington. Changes made to this regulation will revise the boundaries
of the safety zone. This change is intended to better inform the
boating public and to improve the level of safety at this event.
EFFECTIVE DATE: This rule is effective on December 10, 1996, unless the
Coast Guard receives written adverse comments or written notice of
intent to submit adverse comments on or before November 12, 1996.
ADDRESSES: Comments may be mailed to U.S. Coast Guard Marine Safety
Office Puget Sound 1519 Alaskan Way South, Seattle, WA 98134
(Telephone: (206) 217-6237). The comments and other materials
referenced in this notice will be available for inspection and copying
at the above address in Building 1. 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:
Lieutenant (Junior Grade) J. B. Roberts, Port Services Department, U.S.
Coast Guard MSO Puget Sound Seattle, WA (Telephone: (206) 217-6237).
SUPPLEMENTARY INFORMATION:
Request for Comments
Any comments must identify the name and address of the person
submitting the comment, specify the rulemaking docket (CGD13-96-028)
and the specific section of this rule to which each comment applies,
and give the reason for each specific comment. Please submit two copies
of all comments and attachments in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying and electronic filing.
Persons wanting acknowledgment of receipt of comments should enclose
stamped, self-addressed postcards or envelopes.
Regulatory Information
The Coast Guard is publishing a direct final rule, the procedures
of which are outlined in 33 CFR 1.05-55, because no
[[Page 47824]]
adverse comments are anticipated. If no adverse comments or any written
notice of intent to submit adverse comment are received within the
specified comment period, this rule will become effective as stated in
the EFFECTIVE DATE section. In that case, approximately 30 days prior
to the effective date, the Coast Guard will publish a notice in the
Federal Register stating that no adverse comment was received and
confirming that this rule will become effective as scheduled. However,
if the Coast Guard receives written adverse comment or written notice
of intent to submit adverse comment, the Coast Guard will publish a
notice in the final rule section of the Federal Register to announce
withdrawal of all or part of this direct final rule. If adverse
comments apply to only part of this rule, and it is possible to remove
that part without defeating the purpose of this rule, the Coast Guard
may adopt as final those parts of this rule on which no adverse
comments were received. The part of this rule that was the subject of
adverse comment will be withdrawn. If the Coast Guard decides to
proceed with a rulemaking following receipt of adverse comments, a
separate Notice of Proposed Rulemaking (NPRM) will be published and a
new opportunity for comment provided.
A comment is considered ``adverse'' if the comment explains why
this rule would be inappropriate, including a challenge to the rule's
underlying premise or approach, or would be ineffective or unacceptable
without a change.
Background and Purpose
The annual Fourth of July Blast Over Bellingham is held on the
waters of Bellingham Bay each year from 9:30 p.m. (PST) to 11 p.m.
(PST) on July fourth and is sponsored by the Whatcom County Chamber of
Commerce. Under current Coast Guard regulations, 33 CFR Sec. 165.1304,
a safety zone regulation is established each year during the event to
provide for public safety by keeping spectators away from the fireworks
launching site during the fireworks display.
The current regulations do not accurately reflect the current
location of the fireworks launching site and the area surrounding this
site.This direct final rule will amend the description of the safety
zone created by 33 CFR 165.1304 to accurately reflect the current
fireworks launching site and better provide for the safety of
spectators and property in the immediate vicinity of the event.
Discussion of Rules
This direct final rule will amend the description of the safety
zone in 33 CFR Sec. 165.1304 to include all waters of Bellingham Bay,
Washington, bounded by a circle with a radius of 1000 yards centered on
the fireworks launching site located on the Georgia Pacific Lagoon
Seawall at position latitude 48 deg.44'56'' N, longitude
122 deg.29'40'' W, including the entrances to the I & J Street Waterway
and the Whatcom Creek Waterway.
Regulatory Evaluation
This 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 not been reviewed 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
rule to be so minimal that a full Regulatory Evaluation under paragraph
10e of the regulatory policies and procedures of DOT is unnecessary.
This conclusion is based on the fact that only minor changes are being
made to the regulations and that the changes made reduce the area
affected by approximately one-half mile.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider the economic impact on small entities of a
rule for which a general notice of proposed rulemaking is required.
``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.
The safety zone created by this section is being moved to reflect
the current launch site, and will not take place during more than a few
hours each year on the Fourth of July. For these reasons, the Coast
Guard certifies under 5 U.S.C. 605(b) that this change 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 rule under 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.e.34(h) of Commandant
Instruction M16475.1B, (as revised by 59 FR 38654, July 29, 1994), this
rule is categorically excluded from further environmental documents. A
``Categorical Exclusion Determination'' is available in the docket for
inspection or copying where indicated under ``ADDRESSES.''
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reports and
recordkeeping requirements, Security measures, Waterways.
Regulation
For the reasons set out in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--[AMENDED]
1. The authority citation for Part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 33 U.S.C. 191, 33 CFR 1.05-1(g),
6.04-1, 6.04-6 and 160.5; 49 CFR 1.46.
2. Section 165.1304 is amended by revising paragraph (a) as
follows:
Sec. 165.1304 Safety Zone Regulations; Bellingham Bay, Bellingham,
Washington.
(a) Location. The following area is a safety zone: All waters of
Bellingham Bay, Washington, bounded by a circle with a radius of 1000
yards centered on the fireworks launching site located on the Georgia
Pacific Lagoon Seawall at position latitude 48 deg.44'56'' N, longitude
122 deg.29'40'' W, including the entrances to the I & J Street Waterway
and the Whatcom Creek Waterway.
[Datum: NAD 83]
* * * * *
Dated: August 19, 1996.
Myles S. Boothe,
Captain, U.S. Coast Guard, Captain of the Port Puget Sound.
[FR Doc. 96-23245 Filed 9-10-96; 8:45 am]
BILLING CODE 4910-14-M
