[Federal Register Volume 60, Number 89 (Tuesday, May 9, 1995)]
[Rules and Regulations]
[Pages 24557-24558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11296]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD13-95-013]


Safety Zone Regulations; National Maritime Week Tugboat Races, 
Elliott Bay, Seattle, WA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone during the 
National Maritime Week Tugboat Races held on Elliott Bay in Seattle, 
WA. This event will be held on Saturday, May 20, 1995, from 12 p.m. to 
4:30 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 thrown by the tugboats 
during the races.

EFFECTIVE DATE: This regulation becomes effective on May 20, 1995, at 
12 p.m. and will terminate at 4:30 p.m. (PDT) that same day.

FOR FURTHER INFORMATION CONTACT:
LT S. Workman, c/o Commander, Group Seattle, 1519 Alaskan Way South, 
Seattle, Washington 98134, (202) 217-6000.

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. Prompt 
regulatory action is [[Page 24558]] 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.

Drafting Information

    The principal persons involved in drafting this document are LT 
Susan Workman, project officer, Coast Guard Group Seattle, WA, and LCDR 
John Odell, Project Counsel, Thirteenth Coast Guard District Legal 
Office.

Background and Purpose

    The Tug Boat Races are sponsored by the Seattle Maritime Week 
Committee as part of the National Maritime Week celebration and will be 
conducted on the waters of Elliott Bay, Seattle, 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 thrown 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 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 Elliott Bay and entry 
into this zone will be restricted for only 4.5 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. A Categorical Exclusion Determination will 
be made available in the rulemaking docket.

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 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.13-012 is added to read as follows:


Sec. 165.T13-012  Safety Zone; Elliott Bay, Seattle, WA

    (a) Location. The following area is a safety zone: All waters of 
Elliott Bay, Seattle, Washington, bounded by the following coordinates:
    Beginning at the southwest corner of Pier 89 at Latitude 
47 deg.37'36''N, Longitude 122 deg.22'42''W; thence southwest to 
Latitude 47 deg.37'30''N, Longitude 122 deg.22'48''W; thence southeast 
to Latitude 47 deg.36'14''N, Longitude 122 deg.20'43''W, thence 
northeast to Latitude 47 deg.36'21''N, Longitude 122 deg.20'31''W, 
thence returning to the origin.
    (b) Regulations. In accordance with the general regulations in 
section 165.23 of this part, no person or vessel may enter or remain in 
this zone unless authorized by the Captain of the Port, Puget Sound.
    (c) Effective Dates. This regulation becomes effective on May 20, 
1995, at 12 p.m. (PDT) and terminates on May 20, 1995, at 4:30 p.m. 
unless sooner terminated by the Captain of The Port.

    Dated: April 26, 1995.
R.K. Softye,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 95-11296 Filed 5-8-95; 8:45 am]
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