18068 Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Proposed Rules

§ 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° 17′

34′′ Longitude 122° 28′ 36′′ W; thence to

Latitude 47° 17′ 06′′ N, Longitude 122°

27′ 40′′ W; thence to Latitude 47° 16′

42′′ N, Longitude 122° 28′ 06′′ W; thence

to Latitude 47° 17′ 10′′ W, Longitude

122° 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 § 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

33 CFR PART 165

[CGD13–95–007]

RIN 2115–AA97

Safety Zone Regulations; Elliott Bay,

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

Ivar’s Fireworks Display in Seattle,

Washington. This event is held each

year on the Fourth of July on the waters

of Elliott 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 concurrence with, or any

recommended changes in, the proposal.

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 desiring 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.

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 Ivar’s

Fireworks in Seattle, Washington. This

event is held on the water of Elliott 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 Ivar’s Fourth of July Fireworks

Display is being held as part of the

celebration for the Fourth of July

Independence Day in Seattle,

Washington. This event is sponsored by

Ivar’s, Incorporated. The fireworks

display is conducted from a barge

located on the waters of Elliott Bay,

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. 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 Elliott Bay

adjacent to Myrtle Edwards Park. Entry

into the safety zone would be restricted

for less than three hours on the day of

the event. These restrictions would have
Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Proposed Rules 18069

little effect on maritime commerce in

the area.

Small Entities

Under the Regulatory 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.

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 Ivar’s

Fourth of July 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 section 165.1307 is added to

read as follows:

§ 165.1307 Elliott Bay, Seattle, WA.

(a) Location. The following area is a

safety zone: All portions of Elliott Bay

bounded by the following coordinates:

Latitude 47°37′22′′ N, Longitude

122°22′06′′ W; thence to Latitude

47°37′06′′ N, Longitude 122°21′55′′ W;

thence to Latitude 47°36′54′′ N,

Longitude 122°22′05′′ W; thence to

Latitude 47°36′09′′ N, Longitude

122°22′25′′ W; thence returning to the

origin. This safety zone resembles a

square centered around the barge from

which the fireworks will be launched

and begins 100 yards from the shoreline

of Myrtle Edwards Park. Floating

markers will be placed by the sponsor

of the fireworks display 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. 95–8645 Filed 4–7–95; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF DEFENSE

Department of the Army

Corps of Engineers

33 CFR Part 211

Excessing of Lands within the Fort

Berthold Reservation of the Three

Affiliated Tribes at Lake Sakakawea

and the Standing Rock Sioux Tribe

Reservation at Lake Oahe

AGENCY: Army Corps of Engineers, DOD.

ACTION: Proposed rule.

SUMMARY: The Corps of Engineers

proposes to expand its policy regarding

excess lands with Indian reservations.

This action flows from Congressional

intent expressed in Public Law 102–575,

language in Public Law 103–211

encouraging the Corps to proceed with

the Department of the Interior to

identify excess lands and transfer them

to the Tribes, the President’s polices

regarding Native Americans, and our

desire to give to the Tribes as much

interest in the project lands at Lakes

Sakakawea and Oahe as possible under

existing law. If approved, this policy

will enable the Corps to retain sufficient

real property interests in certain Corps

administered lands to fulfill project

purposes, yet declare certain other

interests in the lands excess to project

needs, thereby permitting eventual

transfer to the Department of Interior to

be held in trust for the Tribes.

DATES: Comments must be received on

or before July 10, 1995; dates for public

hearings will be announced to the

public at a later date.

ADDRESSES: Comments should be

mailed to U.S. Army Corps of Engineers

District, Omaha, ATTN: CEMRO-OP-TN

(Mike George), 215 North 17th Street,

Omaha, NE 68102–4978. Addresses for

public hearings will be announced to

the public at a later date.

FOR FURTHER INFORMATION CONTACT:

Mike George at (402) 221–3988.

SUPPLEMENTARY INFORMATION:

Background

As part of the Garrison Diversion Unit

Commission, authorized by P.L. 98–360,

the Joint Tribal Advisory Committee

(JTAC) was formed for the purpose of

assessing impacts to the Three Affiliated

Tribes (TAT) of the Fort Berthold

Reservation and the Standing Rock

Sioux Tribe (SRST) resulting from the

construction of the Garrison Dam/Lake

Sakakawea Project and the Oahe Dam

and Lake Project. In its

recommendations, the JTAC stated that