[Federal Register Volume 60, Number 230 (Thursday, November 30, 1995)]
[Rules and Regulations]
[Pages 61482-61483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29273]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD13-95-010]
RIN 2115-AA97


Safety Zone Regulations; Lake Union, Seattle, WA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is adopting a permanent safety zone for the 
annual Fourth of July Fireworks Display on Lake Union, Seattle, 
Washington. This event is held each year on the Fourth of July on the 
waters of Lake Union. 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 South, 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; Lake Union, Seattle, WA) 
in the Federal Register (60 FR 18065). 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 Fireworks Display on Lake Union, Seattle, 
Washington, This event is held on the waters of Lake Union each year 
from 9:30 p.m. to 11 p.m. on July fourth and is sponsored by One Reel, 
Incorporated. The Coast Guard, (by adopting a permanent safety zone 
through this action), intends to promote the safety of spectators and 
participants in this event. Each year, as part of this event, a 
fireworks display is conducted from a barge located on the waters of 
Lake Union, Seattle, Washington. To promote the safety of both the 
spectators and participants and to keep spectators away from the 
fireworks barge during the fireworks display, this rule establishes a 
safety zone around the fireworks barge and prohibits entry into the 
area that 

[[Page 61483]]
surrounds the fireworks barge during the event. Under this rule, the 
Captain of the Port may establish transit lanes along the east and west 
shorelines of Lake Union. If established, boaters will be allowed to 
transit north and south through the safety zone in these lanes. These 
lanes will remain open until 10 p.m. and then be closed until the 
conclusion of the fireworks display. 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 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 
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 eight hundred square yards in the center of Lake 
Union. Entry into the safety zone will be restricted for less than 
three 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 Lake Union 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 
recordkeeping 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 165.1306 is added to read as follows:


Sec. 165.1306  Lake Union, Seattle, WA.

    (a) Location. The following area is a safety zone: All portions of 
the waters of Lake Union bounded by the following coordinates: Latitude 
47 deg.38'32'' N, Longitude 122 deg.20'34'' W; thence to Latitude 
47 deg.38'32'' N, Longitude 122 deg.19'48'' W; thence to Latitude 
47 deg.38'10'' N, Longitude 122 deg.19'45'' W; thence to Latitude 
47 deg.38'10'' N, Longitude 122 deg.20'24'' W; thence returning to the 
origin. This safety zone begins 1,000 feet south of Gas Works Park and 
encompasses all waters from east to west for 2,500 feet. Floating 
markers will be placed by the sponsor of the fireworks demonstration to 
delineate the boundaries of the safety zone. [Datum: NAD 1983]
    (b) Effective dates. This section is 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 the safety zone is prohibited 
unless authorized by the Captain of the Port, Puget Sound, Seattle, WA. 
The Captain of the Port may establish transit lanes along the east and 
west shorelines of Lake Union and may allow boaters to transit north 
and south through the safety zone in these lanes. If established, these 
transit lanes will remain open until 10 p.m. and then be closed until 
the end of the fireworks display (approximately 30 minutes).

    Dated: November 13, 1995.
R.K. Softye,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 95-29273 Filed 11-29-95; 8:45 am]
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