[Federal Register Volume 61, Number 177 (Wednesday, September 11, 1996)]
[Rules and Regulations]
[Pages 47823-47824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23245]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD13-96-028]
RIN 2115-AA97


Safety Zone Regulations; Bellingham Bay, Bellingham, WA

AGENCY: Coast Guard, DOT.

ACTION: Direct final rule.

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SUMMARY: By this direct final rule, the Coast Guard is permanently 
amending a safety zone regulation for the annual Fourth of July Blast 
Over Bellingham Fireworks Display in Bellingham Bay, Bellingham, 
Washington. Changes made to this regulation will revise the boundaries 
of the safety zone. This change is intended to better inform the 
boating public and to improve the level of safety at this event.

EFFECTIVE DATE: This rule is effective on December 10, 1996, unless the 
Coast Guard receives written adverse comments or written notice of 
intent to submit adverse comments on or before November 12, 1996.

ADDRESSES: Comments may be mailed to U.S. Coast Guard Marine Safety 
Office Puget Sound 1519 Alaskan Way South, Seattle, WA 98134 
(Telephone: (206) 217-6237). The comments and other materials 
referenced in this notice will be available for inspection and copying 
at the above address in Building 1. 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:
Lieutenant (Junior Grade) J. B. Roberts, Port Services Department, U.S. 
Coast Guard MSO Puget Sound Seattle, WA (Telephone: (206) 217-6237).

SUPPLEMENTARY INFORMATION:

Request for Comments

    Any comments must identify the name and address of the person 
submitting the comment, specify the rulemaking docket (CGD13-96-028) 
and the specific section of this rule to which each comment applies, 
and give the reason for each specific comment. Please submit two copies 
of all comments and attachments in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying and electronic filing. 
Persons wanting acknowledgment of receipt of comments should enclose 
stamped, self-addressed postcards or envelopes.

Regulatory Information

    The Coast Guard is publishing a direct final rule, the procedures 
of which are outlined in 33 CFR 1.05-55, because no

[[Page 47824]]

adverse comments are anticipated. If no adverse comments or any written 
notice of intent to submit adverse comment are received within the 
specified comment period, this rule will become effective as stated in 
the EFFECTIVE DATE section. In that case, approximately 30 days prior 
to the effective date, the Coast Guard will publish a notice in the 
Federal Register stating that no adverse comment was received and 
confirming that this rule will become effective as scheduled. However, 
if the Coast Guard receives written adverse comment or written notice 
of intent to submit adverse comment, the Coast Guard will publish a 
notice in the final rule section of the Federal Register to announce 
withdrawal of all or part of this direct final rule. If adverse 
comments apply to only part of this rule, and it is possible to remove 
that part without defeating the purpose of this rule, the Coast Guard 
may adopt as final those parts of this rule on which no adverse 
comments were received. The part of this rule that was the subject of 
adverse comment will be withdrawn. If the Coast Guard decides to 
proceed with a rulemaking following receipt of adverse comments, a 
separate Notice of Proposed Rulemaking (NPRM) will be published and a 
new opportunity for comment provided.
    A comment is considered ``adverse'' if the comment explains why 
this rule would be inappropriate, including a challenge to the rule's 
underlying premise or approach, or would be ineffective or unacceptable 
without a change.

Background and Purpose

    The annual Fourth of July Blast Over Bellingham is held on the 
waters of Bellingham Bay each year from 9:30 p.m. (PST) to 11 p.m. 
(PST) on July fourth and is sponsored by the Whatcom County Chamber of 
Commerce. Under current Coast Guard regulations, 33 CFR Sec. 165.1304, 
a safety zone regulation is established each year during the event to 
provide for public safety by keeping spectators away from the fireworks 
launching site during the fireworks display.
    The current regulations do not accurately reflect the current 
location of the fireworks launching site and the area surrounding this 
site.This direct final rule will amend the description of the safety 
zone created by 33 CFR 165.1304 to accurately reflect the current 
fireworks launching site and better provide for the safety of 
spectators and property in the immediate vicinity of the event.

Discussion of Rules

    This direct final rule will amend the description of the safety 
zone in 33 CFR Sec. 165.1304 to include all waters of Bellingham Bay, 
Washington, bounded by a circle with a radius of 1000 yards centered on 
the fireworks launching site located on the Georgia Pacific Lagoon 
Seawall at position latitude 48 deg.44'56'' N, longitude 
122 deg.29'40'' W, including the entrances to the I & J Street Waterway 
and the Whatcom Creek Waterway.

Regulatory Evaluation

    This 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 not been reviewed 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 
rule to be so minimal that a full Regulatory Evaluation under paragraph 
10e of the regulatory policies and procedures of DOT is unnecessary. 
This conclusion is based on the fact that only minor changes are being 
made to the regulations and that the changes made reduce the area 
affected by approximately one-half mile.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider the economic impact on small entities of a 
rule for which a general notice of proposed rulemaking is required. 
``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.
    The safety zone created by this section is being moved to reflect 
the current launch site, and will not take place during more than a few 
hours each year on the Fourth of July. For these reasons, the Coast 
Guard certifies under 5 U.S.C. 605(b) that this change 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 rule under 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.e.34(h) of Commandant 
Instruction M16475.1B, (as revised by 59 FR 38654, July 29, 1994), this 
rule is categorically excluded from further environmental documents. A 
``Categorical Exclusion Determination'' is available in the docket for 
inspection or copying where indicated under ``ADDRESSES.''

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reports and 
recordkeeping requirements, Security measures, Waterways.

Regulation

    For the 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; 33 U.S.C. 191, 33 CFR 1.05-1(g), 
6.04-1, 6.04-6 and 160.5; 49 CFR 1.46.

    2. Section 165.1304 is amended by revising paragraph (a) as 
follows:


Sec. 165.1304  Safety Zone Regulations; Bellingham Bay, Bellingham, 
Washington.

    (a) Location. The following area is a safety zone: All waters of 
Bellingham Bay, Washington, bounded by a circle with a radius of 1000 
yards centered on the fireworks launching site located on the Georgia 
Pacific Lagoon Seawall at position latitude 48 deg.44'56'' N, longitude 
122 deg.29'40'' W, including the entrances to the I & J Street Waterway 
and the Whatcom Creek Waterway.

[Datum: NAD 83]
* * * * *
    Dated: August 19, 1996.
Myles S. Boothe,
Captain, U.S. Coast Guard, Captain of the Port Puget Sound.
[FR Doc. 96-23245 Filed 9-10-96; 8:45 am]
BILLING CODE 4910-14-M