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[Federal Register Volume 60, Number 68 (Monday, April 10, 1995)]
[Proposed Rules]
[Pages 18066-18068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8644]

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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD13-95-009]
RIN 2115-AA97

Safety Zone Regulations; Commencement Bay, Tacoma, WA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to adopt permanent safety zone 
regulations for the annual Forth of July Freedom Fair Airshow and 
Fireworks Display in Tacoma, Washington. This event is held each year 
on the Fourth of July on the waters of Commencement 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 this event. 
However, because the event recurs annually, the Coast Guard is 
proposing to adopt a permanent description of the event and permanent 
regulations to better inform the boating public.

DATES: Comments must be received on or before June 9, 1995.

ADDRESSES: Comments should be mailed to U.S. Coast Guard Group Seattle, 
1519 Alaskan Way So., Seattle, WA 98134. The comments and other 
materials referenced in this notice will be available for inspection 
and copying at the above address in Building One, Room 130, Operations 
Division. 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:
LT Susan Workman, Assistant Operations Officer, U.S. Coast Guard Group 
Seattle, (Telephone: (206) 217-6009).

SUPPLEMENTARY INFORMATION: 

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, and arguments. 
Persons submitting comments should include their names and addresses, 
identify this notice, specify the section of this notice to which each 
comment applies, and give the reason for each comment. Two copies of 
each comment should be provided in an unbound format. All comments 
should be on paper no larger than 8\1/2\ by 11 inches and should be 
suitable for copying and electronic filing. Persons wanting 
acknowledgment of receipt of their comments should enclose stamped, 
self-addressed postcards or envelopes.
    The proposed regulations may be changed in light of comments 
received. [[Page 18067]] all comments received during the comment 
period will be considered before final action is taken on this 
proposal.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the above address. The request should 
include the reasons why a hearing would be beneficial. If the Coast 
Guard determines that the opportunity for oral presentation will aid 
this rulemaking, it will hold a public hearing at a time and place 
announced by a later notice in the Federal Register.

Drafting Information

    The principal persons involved in drafting this document are LT 
Susan Workman, Assistant Operations Officer, U.S. Coast Guard Group 
Seattle, and LCDR John Odell, project attorney, Thirteenth Coast Guard 
District Legal Office.

Discussion of Proposed Regulation

    The Coast Guard is proposing to adopt permanent safety zone 
regulations for the annual Fourth of July Freedom Fair Airshow and 
Fireworks Display in Tacoma, Washington. This event is held on the 
waters of Commencement Bay each year from 2 p.m. on July fourth to 
12:30 a.m. on July fifth. 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 proposing to adopt a permanent description 
of the event and permanent regulations in the Code of Federal 
Regulations (CFR) to better inform the boating public. The Coast Guard, 
through this action, intends to promote the safety of spectators and 
participants in this event. The Freedom Fair Airshow and Fireworks 
Display is being held as part of the celebration for the Fourth of July 
Independence Day in Tacoma, Washington. This event is sponsored by the 
Tacoma Fourth of July Commission. The airshow is conducted over the 
waters of Commencement Bay just off shore from Ruston Way and the Old 
Town area. The Federal Aviation Administration (FAA) requires that the 
waters below the airshow aerobatics be closed to all spectators. This 
required closed area measures 1000 yards by 1800 yards on the waters of 
Commencement Bay, Tacoma, Washington, along the shoreline of Ruston 
Way. The fireworks display is conducted from a barge located inside the 
airshow closure area. The fireworks display will take place late in the 
evening after the airshow is complete. This one day event attracts a 
large number of spectators gathered on the waters near the airshow and 
fireworks display. Spectators who approach the fireworks barge at close 
range during the event may be struck by debris falling from the 
overhead fireworks display. To promote the safety of both the 
spectators and participants, and to keep spectators away from both the 
airshow aerobatics area and the fireworks barge during the events, the 
proposed regulations would establish a safety zone and prohibit entry 
into the area surrounding the events. 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 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 proposal 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 the proposed regulation would encompass less than a 
one square nautical mile on Commencement Bay adjacent to the Old Town 
area on Ruston Way. Entry into the safety zone would be restricted for 
less than nine hours on the day of the event. These restrictions would 
have little effect on maritime commerce in the area.

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'' 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 jurisdiction with 
populations of less than 50,000. Because it expects the impact of this 
proposal to be minimal, the Coast Guard certifies under 5 U.S.C. 605(b) 
that this proposal, if adopted, will not have a significant economic 
impact on a substantial number of small entities. Therefore, the Coast 
Guard certifies under 5 U.S.C. 605(b) that this proposal, if adopted, 
will not have a significant economic impact on a substantial number of 
small entities. If, however, you think that your business or 
organization qualifies as a small entity and that the proposal will 
have a significant economic impact on your business or organization, 
please submit a comment (see ADDRESSES) explaining why you think it 
qualifies and in what way and to what degree this proposal will 
economically affect it.

Collection of Information

    This proposal 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 proposal does not have sufficient federalism 
implications to warrant the preparation of a federalism assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposed regulation and concluded that, under paragraph 2.B.2 of 
Commandant Instruction M16475.1B (as revised by 59 FR 38654; July 29, 
1994), this proposed regulation is categorically excluded from further 
environmental documentation. Appropriate environmental analysis of the 
Fourth of July Freedom Fair Airshow and 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.

Proposed Regulations

    In consideration of the foregoing, the Coast Guard proposes to 
amend 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 new section 165.1305 is added to read as 
follows: [[Page 18068]] 

Sec. 165.1305  Commencement Bay, Tacoma, WA.

    (a) Location. The following area is a safety zone: All portions of 
Commencement Bay bounded by the following coordinates: Latitude 47 deg. 
17' 34'' Longitude 122 deg. 28' 36'' W; thence to Latitude 47 deg. 17' 
06'' N, Longitude 122 deg. 27' 40'' W; thence to Latitude 47 deg. 16' 
42'' N, Longitude 122 deg. 28' 06'' W; thence to Latitude 47 deg. 17' 
10'' W, Longitude 122 deg. 29' 02'' W; thence returning to the origin. 
This safety zone resembles a rectangle lying adjacent to the shoreline 
along Ruston Way. Floating markers will be placed by the sponsor of the 
event to delineate the boundaries of the safety zone.
    (b) Effective dates. These regulations become effective annually on 
July the fourth from 2 p.m. to 12:30 a.m. July the fifth 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: March 29, 1995.
R. K. Softye,
Captain, U.S. Coast Guard, Captain of the Port of Puget Sound.
[FR Doc. 95-8644 Filed 4-7-95; 8:45 am]
BILLING CODE 4910-14-M
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