[Federal Register Volume 60, Number 230 (Thursday, November 30, 1995)]
[Rules and Regulations]
[Pages 61480-61481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29272]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD13-95-009]
RIN 2115-AA97


Safety Zone Regulations; Commencement Bay, Tacoma, WA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a permanent safety zone for 
the annual Fourth of July Freedom Fair Airshow and Fireworks Display in 
Tacoma, Washington. This event is held each year on the Fourth of July 
on the waters of Commencement 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 adopting a permanent rule to 
better inform the boating public.

EFFECTIVE DATE: January 2, 1996.

ADDRESSES: Documents referred to in this preamble are available for 
inspection or copying at U.S. Coast Guard Group Seattle, 1519 Alaskan 
Way So., Building One, Room 130, Seattle, WA 98134. Normal office hours 
are between 7 a.m. and 4 p.m., Monday through Friday, except federal 
holidays.

FOR FURTHER INFORMATION CONTACT:
LT Ben White, Assistant Operations Officer, U.S. Coast Guard Group 
Seattle, (Telephone: (206) 217-6009).

SUPPLEMENTARY INFORMATION: 

    Drafting Information: The principal persons involved in drafting 
this document are LT Susan Workman, Project Manager, U.S. Coast 
Guard Group Seattle, and LCDR John Odell, Project Counsel, 
Thirteenth Coast Guard District Legal Office.

Regulatory History

    On April 10, 1995, the Coast Guard published a Notice of Proposed 
Rulemaking (entitled Safety Zone Regulations, Commencement Bay, Tacoma, 
WA) in the Federal Register (60 FR 18066). The Coast Guard received no 
letters commenting on the proposal. No public hearing was requested, 
and none was held.

Background and Purpose

    The Coast Guard is adopting permanent safety zone regulations for 
the annual Fourth of July Freedom Fair Airshow and Fireworks Display in 
Tacoma, Washington. This event is held on the waters of Commencement 
Bay each year from 2 p.m. on July fourth to 12:30 a.m. on July fifth 
and is sponsored by the Tacoma Fourth of July Commission. The Coast 
Guard, (by adopting a permanent safety zone through this action), 
intends to promote the safety of spectators and participants in this 
event. The airshow is conducted over the waters of Commencement Bay 
just off shore from Ruston Way and the Old Town area. The Federal 
Aviation Administration (FAA) requires that the waters below the 
airshow aerobatics be closed to all spectators. This required closed 
area measures 1000 yards by 1800 yards on the waters of Commencement 
Bay, Tacoma, Washington, along the shoreline of Ruston Way. The 
fireworks display is conducted from a barge located inside the airshow 
closure area. The fireworks display will take place late in the evening 
after the airshow is complete. To promote the safety of both the 
spectators and participants, and to keep spectators away from both the 
airshow aerobatics area and the fireworks barge during the events, this 
rule establishes a safety zone and prohibits entry into the area 
surrounding the events. This safety zone will be enforced by 
representatives of the Captain of the Port Pugent Sound, Seattle, 
Washington. The Captain of the Port may be assisted by other federal 
agencies.

Regulatory Evaluation

    This rule 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 


[[Page 61481]]
regulation 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 this regulation will 
encompass less than a one square nautical mile on Commencement Bay 
adjacent to the Old Town area on Ruston Way. Entry into the safety zone 
will be restricted for less than nine hours on the day of the event. 
These restrictions will have little effect on maritime commerce in the 
area.

Small Entities

    The impact on small entities is expected to be minimal. Therefore, 
the Coast Guard certifies under 5 U.S.C. 605(b) that this regulation 
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 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 of Commandant Instruction 
M16475.1B (as revised by 59 FR 38654; July 29, 1994), this rule is 
categorically excluded from further environmental documentation. 
Appropriate environmental analysis of the Fourth of July Freedom Fair 
Airshow and 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.

Final Regulations

    For 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; 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 165.1305 is added to read as follows:


Sec. 165.1305  Commencement Bay, Tacoma, WA.

    (a) Location. The following area is a safety zone: All portions of 
Commencement Bay bounded by the following coordinates: Latitude 
47 deg.17'34'' N, Longitude 122 deg.28'36'' W; thence to Latitude 
47 deg.17'06'' N, Longitude 122 deg.27'40'' W; thence to Latitude 
47 deg.16'42'' N, Longitude 122 deg.28'06'' W; thence to Latitude 
47 deg.17'10'' W, Longitude 122 deg.29'02'' W; thence returning to the 
origin. This safety zone resembles a rectangle lying adjacent to the 
shoreline along Ruston Way. Floating markers will be placed by the 
sponsor of the event to delineate the boundaries of the safety zone. 
[Datum: NAD 1983].
    (b) Effective dates. This section is effective annually on July the 
fourth from 2 p.m. to 12:30 a.m. July the fifth 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: November 13, 1995.
R.K. Softye,
Captain, U.S. Coast Guard, Captain of the Port Puget Sound.
[FR Doc. 95-29272 Filed 11-29-95; 8:45 am]
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