[Federal Register Volume 62, Number 187 (Friday, September 26, 1997)]
[Rules and Regulations]
[Pages 50510-50511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25597]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD13-97-027]


Safety Zone Regulation; Commencement Bay Maritime Festival 
Tugboat Races, Commencement Bay, Tacoma, WA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone during the 
Commencement Bay Maritime Festival Tugboat Races held on Commencement 
Bay in Tacoma, WA. This event will be held on Sunday, September 28, 
1997, from 12:30 p.m. to 3:30 p.m. (PDT). The Coast Guard, through this 
action, intends to promote the safety of spectators and participants in 
this event. Entry into the safety zone will be prohibited during the 
event in order to keep spectator vessels from interfering with the 
races and to prevent damage that may be caused by the large wakes 
produced by the tugboats during the races.

DATES: This regulation becomes effective on September 28, 1997, at 
12:30 p.m. and will terminate at 3:30 p.m. (PDT) that same day, unless 
sooner terminated by the Captain of the Port.

FOR FURTHER INFORMATION CONTACT: LT Joel Roberts, c/o Commanding 
Officer, Coast Guard Marine Safety Office, 1519 Alaskan Way South, 
Seattle, Washington 98134, (206) 217-6232.

SUPPLEMENTARY INFORMATION:

Regulatory History

    Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking has not 
been published for this regulation and good cause exists for making it 
effective less than 30 days from the date of publication in the Federal 
Register. The final details of this event were not available from its 
sponsor more than 30 days prior to the event. Prompt regulatory action 
is needed in order to provide for the safety of spectators and 
participants during this event. If normal notice and comment procedures 
were followed, this rule would not become effective until after the 
date of the event. For this reason, following normal rulemaking 
procedures in this case would be impracticable and contrary to the 
public interest.

Background and Purpose

    The Tug Boat Races are sponsored by the Commencement Bay Maritime 
Festival Committee as part of the Commencement Bay Maritime Festival 
and will be conducted on the waters of Commencement Bay, Tacoma, WA. 
This one day event attracts a large number of spectator craft which 
gather on the waters near the race course. To promote the safety of 
both the spectators and participants, a safety zone will be established 
and entry into this safety zone will be restricted during the event. 
This action is necessary in order to keep spectators off of the race 
course and to prevent any damage to spectator vessels that may be 
caused by the large wakes produced by the tugs during the races. 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, state, and local agencies.

Regulatory Evaluation

    This proposal 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 CFR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
proposal to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary. This expectation is based on the fact that the safety zone 
will involve less than one square mile of area on Commencement Bay and 
entry into this zone will be restricted for only 3 hours on the day of 
the event.

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 to be minimal on all 
entities. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) 
that this 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 final rule in accordance with the 
principles and criteria contained in Executive Order 12612 and has 
determined that this final rule does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environmental Assessment

    The Coast Guard has considered the environmental impact of this 
rule and has concluded that under Section 2.B.2.c. of Commandant 
Instruction M16475.1B, it is categorically excluded from further 
environmental documentation.

List of Subjects in 33 CFR Part 165

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

Final Regulation

    For the reasons set out in the preamble, the Coast Guard amends 
part

[[Page 50511]]

165 of Title 33, Code of Federal Regulations, 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 165T.13-022 is added to read as follows:


Sec. 165.T13-022  Safety Zone; Commencement Bay, Tacoma, WA.

    (a) Location. The following area is a safety zone: All waters of 
Commencement Bay, Tacoma, WA, bounded by a line commencing at position 
latitude 47 deg.15'49'' N, longitude 122 deg.26'00'' W; thence to 
position latitude 47 deg.16'24'' N, longitude 122 deg.26'19'' W; thence 
to position latitude 47 deg.17'23'' N, longitude 122 deg.28'40'' W; 
thence to position latitude 47 deg.17'00'' N, longitude 122 deg.29'00'' 
W; thence along the shore of Commencement Bay to position latitude 
47 deg.15'41'' N, longitude 122 deg.26'21'' W; thence returning across 
the mouth of the Thea Foss Waterway to the point of origin. This safety 
zone resembles a rectangle measuring approximately 2.4 miles along the 
shoreline and extending approximately 800 yards into Commencement Bay. 
[Datum: NAD 83]
    (b) Regulations. In accordance with the general regulations in 
165.23 of this part, no person or vessel may enter or remain in this 
zone, except for participants in the event, supporting personnel, 
vessels registered with the event organizer, or other vessels 
authorized by the Captain of the Port or his designated 
representatives.
    (c) Effective dates. This section is effective on September 28, 
1997, at 12:30 p.m. (PDT) and terminates on September 28, 1997, at 3:30 
p.m., unless sooner terminated by the Captain of the Port.

    Dated: September 18, 1997.
M.S. Boothe,
Captain, U.S. Coast Guard, Captain of the Port Puget Sound.
[FR Doc. 97-25597 Filed 9-25-97; 8:45 am]
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