[Federal Register Volume 60, Number 126 (Friday, June 30, 1995)]
[Rules and Regulations]
[Pages 34163-34164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16144]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD13-95-029]
RIN 2115-AA97


Safety Zone Regulations; Port Townsend Bay Fourth of July 
Jefferson Day Fireworks Display, Port Townsend, WA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone for the Fourth 
of July Jefferson Day Fireworks Display in Port Townsend, Washington. 
This event will be held on Tuesday, July 4, 1995, from 10 p.m. (PDT) to 
12 midnight (PDT) on the waters of Port Townsend Bay, Washington. This 
safety zone is needed to protect persons, facilities and vessels from 
safety hazards associated with the fireworks display. Entry into this 
zone is prohibited unless authorized by the Captain of the Port.

EFFECTIVE DATE: This regulation becomes effective July 4, 1995, from 10 
p.m. (PDT) to 12 midnight (PDT), unless sooner terminated by the 
Captain of the Port.

FOR FURTHER INFORMATION CONTACT: LT K.M. Paquette, c/o Captain of the 
Port Puget Sound, 1519 Alaskan Way South, Seattle, WA 98134, (206) 217-
6232.

SUPPLEMENTARY INFORMATION:

Regulatory History

    Pursuant to 5 U.S.C. 553, a notice of proposed rule making was not 
published for this regulation and good cause exists for making it 
effective less than 30 days after Federal Regulation publication. 
Publishing an NPRM and delaying its effective date would be contrary to 
the public interest since immediate action is necessary to ensure the 
safety of structures and vessels operating in the area of the fireworks 
display. If normal notice procedures were followed, this rule would not 
become effective until after the date of the event. For this reason, 
following 

[[Page 34164]]
normal rulemaking procedures in this case would be impracticable.

Drafting Information

    The principal persons involved in drafting this document are LT 
Kristy Paquette, Project Manager, and LCDR John C. Odell, Project 
Counsel, Thirteenth Coast Guard District Legal Office.

Background and Purpose

    The Coast Guard, through this action, intends to promote the safety 
of spectators and participants in this event. The fireworks display is 
conducted from a barge located on the waters of Port Townsend Bay, Port 
Townsend, Washington.
    During the fireworks display, spectator vessels may attempt to 
approach the fireworks launching site at close range. If allowed to do 
so, these vessels and the persons onboard them may be exposed to 
potential damage, fire and personal injury from sparks, falling debris, 
and unexploded fireworks.
    In order to promote the safety of life and property on the 
navigable waters during this event, the Coast Guard is establishing a 
safety zone around the fireworks launching barge in order to keep both 
the spectators and participants away from the fireworks launching barge 
during the fireworks display. Entry into this zone will be prohibited 
unless authorized by the Captain of the Port. 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 temporary final 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 regulation to be so minimal that a full 
regulatory evaluation under paragraph 10e of the regulatory policies 
and procedure of DOT is unnecessary. The safety zone established by 
this regulation encompasses less than a half of one square nautical 
mile on Port Townsend Bay. Entry into the safety zone will be 
restricted for less than three hours on the day of the event. 
Therefore, these restrictions will have little effect on maritime 
commerce in the area. If safe to do so, the representative of the 
Captain of the Port assigned to enforce this safety zone may authorize 
commercial vessels to pass through the safety zone on a case-by-case 
basis.

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'' include independently owned and operated small businesses 
that are not dominant in their field and that otherwise qualify as 
``small business concerns'' under section 3 of the Small Business Act 
(15 U.S.C. 632). For the reasons outlined in the Regulatory Evaluation 
above, the Coast Guard expects the impact on small entities to be 
minimal. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) 
that this temporary final rule 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 action in accordance with the 
principles and criteria contained in Executive Order 12612 and has 
determined that the temporary final rule does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.
Environmental Assessment

    The Coast Guard considered the environmental impact of this action 
and concluded that, under paragraph 2.B.2 of Commandant Instruction 
M16475.1B (as revised by 59 FR 38654; July 29, 1994), this rule is 
categorically excluded from further environmental documentation. A 
categorical exclusion determination is available in the docket for 
inspection or coping were indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping requirements, Security measures, Waterways.

Final Regulations

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR 165 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 section 165.T13-027 is added to read as follows:


Sec. 165.T13-027   Port Townsend Bay, Port Townsend, WA.

    (a) Location. The following area is a safety zone: All portions of 
Port Townsend Bay within the following area: a circle with a radius of 
700 yards extending out from the tug and fireworks barge located at 
latitude 48 deg.06'20'' N; longitude 122 deg.44'38'' W. This safety 
zone resembles a circle centered around the barge from which the 
fireworks demonstration will be launched. [Datum: NAD 1983].
    (b) Effective dates. This section is effective on July 4, 1995, 
from 10 p.m. (PDT) to 12 midnight (PDT) unless sooner terminated by the 
Captain of the Port.
    (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 
or his designated representative. Designated representatives may 
include any Coast Guard commissioned, warrant, or petty officer who has 
been authorized by the Captain of the Port, Puget Sound, to act on his 
behalf.

    Dated: June 27, 1995.
R.K. Softye,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 95-16144 Filed 6-29-95; 8:45 am]
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