[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]

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