[Federal Register Volume 60, Number 230 (Thursday, November 30, 1995)]
[Rules and Regulations]
[Pages 61479-61480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29274]



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DEPARTMENT OF TRANSPORTATION
Coast Guard

33 CFR Part 165

[CGD13-95-008]
RIN 2115-AA97


Safety Zone Regulations; Bellingham Bay, Bellingham, 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 Blast Over Bellingham Fireworks Display in 
Bellingham, Washington. This event is held each year on the Fourth of 
July on the waters of Bellingham 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 the 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, Bellingham Bay, 
Bellingham, WA) in the Federal Register (60 FR 18063). 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 Blast Over Bellingham in Bellingham, 
Washington. This event is held on the waters of Bellingham Bay each 
year from 9:30 p.m. to 11 p.m. on July fourth and is sponsored by the 
Whatcom County Chamber of Commerce. The Coast Guard (by adopting a 
permanent safety zone through this action) intends to promote the 
safety of spectators and participants during this event. The fireworks 
display is conducted from a barge located on the waters of Bellingham 
Bay, Bellingham, 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 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 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 would 
encompass less than a half of one square nautical mile on Bellingham 
Bay adjacent to Squalicum Harbor. 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.

[[Page 61480]]


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 Blast Over Bellingham 
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 the 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 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 new section 165.1304 is added to read as follows:


Sec. 165.1304  Bellingham Bay, Bellingham, WA

    (a) Location. The following area is a safety zone: All portions of 
Bellingham Bay bounded by the following coordinates: Latitude 
48 deg.44'09'' N, Longitude 122 deg.30'07'' W; thence to Latitude 
48 deg.44'09'' N, Longitude 122 deg.29'57'' W; thence to Latitude 
48 deg.44'02'' N, Longitude 122 deg.29'57'' W; thence to Latitude 
48 deg.44'02'' N, Longitude 122 deg.30'07'' W; thence returning to the 
origin. This safety zone resembles a square centered around the barge 
from which the fireworks demonstration will be launched. 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 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. 95-29274 Filed 11-29-95; 8:45 am]
BILLING CODE 4910-14-M