Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Proposed Rules 18063

electronic bulletin board, to provide upto-date information on scheduled

meetings.

It is anticipated that following the

close of the public comment period, the

committee would meet briefly to

consider the comments received and

prepare its final report on any desired

modifications in the final rule.

8. Consensus

The goal of the negotiating process is

consensus. Generally, consensus means

that each interest should concur in the

result. The facilitator would mediate the

negotiation process.

9. Record of Meetings

In accordance with the FACA

requirements, the Coast Guard would

keep a record of all committee meetings.

The minutes would be placed in the

public docket for the rulemaking

(CGD09–95–004). Committee meetings

would be open to the public, subject to

space availability.

10. Committee Protocols

Under the general guidance of the

facilitator, and subject to applicable

legal requirements, the committee

would establish protocols for its

meetings.

11. Agency Action on Committee

Proposal

The Commander, Ninth Coast Guard

District would publish any proposal on

which the committee reaches consensus

as a NPRM, providing the proposal is

consistent with the Coast Guard’s

statutory authority and Executive Order

12866. If the committee’s proposal is

modified in any manner, the NPRM

would identify the modifications so that

the public could distinguish the

modifications from the committee’s

proposal. If the committee does not

reach consensus, it shall report on those

areas on which agreement was reached.

12. Final Committee Report

The committee will be furnished

copies of any comments received on the

NPRM and will have an opportunity to

meet and consider modifications to its

recommendations based on those

comments. If consensus can be reached,

the committee’s final report would

recommend a final rule. Commander,

Ninth Coast Guard District would then

issue the rule amending 33 CFR

117.391, providing it is consistent with

Coast Guard authority and Executive

Order 12866.

13. Termination

The committee would terminate on

the date indicated in its charter

(September 30, 1995) or when it submits

its final report to the Coast Guard,

whichever is earlier.

14. Failure of the Committee to Reach

Consensus

In the event that the committee is

unable to reach consensus, the Coast

Guard will develop a NPRM or final

rule, as appropriate, and publish it in

the Federal Register. As stated

previously, the Coast Guard’s goal is to

publish a NPRM in July and a final rule

by September 14, 1995.

Potential Participants

The committee members should have

expertise in the issues under negotiation

and should be able to represent

adequately their affected interests. The

Coast Guard has identified the following

as interests affected by the rulemaking:

the City of Chicago; boatyards; boaters;

and the U.S. Coast Guard. In addition,

Chicago business groups and public

interest organizations have expressed

concern over the operation of the

Chicago River bridges. The Coast Guard

has initiated discussions with

representatives of potential members of

the committee, and will continue those

overtures, to explain the Reg-Neg

process and to determine the likelihood

of being able to convene a successful

Reg-Neg committee. The Coast Guard is

pleased that officials of the City of

Chicago have indicated their

willingness to participate.

Formation of the committee will

allow representatives of all affected

interests to participate directly in the

rulemaking process. The Coast Guard

welcomes comment on the

appropriateness of these interests for

participation in the negotiation.

Suggestions for other potential

participants are encouraged, but it is not

necessary for every concerned

organization to be represented,

providing that all affected interests are

represented adequately. Further,

negotiating sessions will be open to the

public who may communicate with

committee members. The Coast Guard

will ensure that the committee is

balanced with respect to the interests

represented.

Dated: April 5, 1995.

Rudy K. Peschel,

Rear Admiral, U.S. Coast Guard, Commander,

Ninth Coast Guard District.

[FR Doc. 95–8759 Filed 4–6–95; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[CGD13–95–008]

Safety Zone Regulations; Bellingham

Bay, Bellingham, WA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard is proposing

to adopt permanent safety zone

regulations 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 this event. However, because the

event recures 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 81⁄2 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 envelops.

The proposed regulations may be

changed in light of comments received.
18064 Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Proposed Rules

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 Forth 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. 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 Blast

Over Bellingham Fireworks Display is

being held as part of the celebration of

the Fourth of July Independence Day in

Bellingham, Washington. This event is

sponsored by the Whatcom County

Chamber of Commerce. The fireworks

display is conducted from a barge

located on the waters of Bellingham

Bay, Bellingham, Washington. This one

day event attracts a large number of

spectators gathered on the waters near

the fireworks display. Spectators who

approach the fireworks barge at close

range during the event may be struck by

falling debris from the overhead

fireworks display. To promote the safety

of both the spectators and participants

and to keep spectators away from the

fireworks barge during the fireworks

display, the proposed regulations would

establish a safety zone around the

fireworks barge and prohibit 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 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 half of one

square nautical mile on Bellingham Bay

adjacent to Squalicum Harbor. Entry

into the safety zone would be restricted

for less than three 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 jurisdictions 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 this 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 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 this event.

List of Subjects in 33 CFR Part 165

Harbors, Marine Safety, Navigation

(water), Reporting and record keeping

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 § 165.1304 is added to read

as follows:

§ 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° 44′ 09′′ N,

Longitude 122° 30′ 07′′ W; thence to

Latitude 48° 44′ 09′′ N, Longitude 122°

29′ 57′′ W; thence to Latitude 48° 44′

02′′ N, Longitude 122° 29′ 57′′ W; thence

to Latitude 48° 44′ 02′′ N, Longitude

122° 30′ 07′′ W; thence returning to the
Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Proposed Rules 18065

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.

(b) Effective dates. These regulations

become 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 § 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 Puget Sound.

[FR Doc. 95–8642 Filed 4–7–95; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[CGD13–95–010]

RIN 2115–AA97

Safety Zone Regulations; Lake Union,

Seattle, WA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard is proposing

to adopt permanent safety zone

regulations for the annual Fourth of July

Fireworks Display on Lake Union,

Seattle, Washington. This event is held

each year on the Fourth of July on the

waters of Lake Union. 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, (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 on

paper no larger than 81⁄2 by 11 inches

and should be suitable for copying and

electronic filing. Persons wanting

acknowledgment of receipt of their

comments should enclose stamped, selfaddressed postcards or envelops.

The proposed regulations may be

changed in light of comments received.

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 Fireworks

Display on Lake Union, Seattle,

Washington. This event is held on the

waters of Lake Union each year from

9:30 p.m. to 11 p.m. on July fourth. In

the past, the Coast Guard has

established a temporary safety zone

each year surrounding the fireworks

barge 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 Lake Union Fireworks Display is

held annually as part of the celebration

for the Fourth of July Independence Day

in the Lake Union community. This

event is sponsored by One Reel

Incorporated. The fireworks display is

conducted from a barge located on the

waters of Lake Union, Seattle,

Washington. This one day event attracts

a large number of spectators gathered on

the waters near the fireworks display.

Spectators who approach the fireworks

barge at close range may be struck by

falling debris from the overhead

fireworks display. To promote the safety

of both the spectators and participants

and to keep spectators away from the

fireworks barge during the fireworks

display, the proposed regulations would

establish a safety zone and prohibit

entry into the area that surrounds the

fireworks barge during the event. Under

the proposed regulations, the Captain of

the Port may establish transit lanes

along the east and west shorelines of

Lake Union. If established, boaters

would be allowed to transit north and

south through the safety zone in these

lanes. These lanes would remain open

until 10 p.m. and then be closed until

the conclusion of the fireworks display.

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 eight

hundred square yards in the center of

Lake Union. Entry into the safety zone

around the fireworks barge would be

restricted for less than three hours on

the day of the event. These restrictions

would have little effect on maritime

commerce in the area.