[Federal Register Volume 60, Number 68 (Monday, April 10, 1995)] [Proposed Rules] [Pages 18063-18065] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-8642] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION 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 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 envelops. The proposed regulations may be changed in light of comments received. [[Page 18064]] 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 Sec. 165.1304 is added to read as follows: Sec. 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 deg. 44' 09'' N, Longitude 122 deg. 30' 07'' W; thence to Latitude 48 deg. 44' 09'' N, Longitude 122 deg. 29' 57'' W; thence to Latitude 48 deg. 44' 02'' N, Longitude 122 deg. 29' 57'' W; thence to Latitude 48 deg. 44' 02'' N, Longitude 122 deg. 30' 07'' W; thence returning to the [[Page 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 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 Puget Sound. [FR Doc. 95-8642 Filed 4-7-95; 8:45 am] BILLING CODE 4910-14-M