[Federal Register Volume 59, Number 145 (Friday, July 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18552]


[[Page Unknown]]

[Federal Register: July 29, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD13-94-021]
RIN 2115-AA97

 

Safety Zone; Lake Washington, Seattle, WA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone for the Canadian 
Snowbirds Air Show during the Seattle Seafair Unlimited Hydroplane 
Races. This event will be held on August 5 and August 6, 1994 from 8 
a.m. until 12 p.m. (PDT) each day. This safety zone is necessary to 
control spectator craft and to provide for the safety of life and 
property on and in the vicinity of navigable waters during the event. 
Persons and craft remaining in or entering into this zone are 
prohibited unless authorized by the Thirteenth Coast Guard District 
Commander.

EFFECTIVE DATES: These regulations become effective on August 5, 1994 
and August 6, 1994 at 8 a.m. (PDT) until 12 p.m. (PDT) each day.

FOR FURTHER INFORMATION CONTACT:

LT Susan J. Workman, Coast Guard Group Seattle, Washington, (206) 217-
6009.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of 
proposed rulemaking has not been published for these regulations and 
good cause exists for making them effective in less than 30 days from 
the date of publication. The sponsor of the event and the FAA has 
recently changed the requirements associated with the observance of the 
airshow by now requiring the waters beneath the airshow to be clear of 
spectator craft. Because of this recent change and the addition of the 
Canadian Snowbirds, final planning information was not available to the 
Coast Guard until less than 30 days prior to the annual event; 
therefore, there is insufficient time to publish proposed rules in 
advance of the event or to provide for a delayed effective date.

Drafting Information

    The drafters of this temporary final rule are LT Susan J. Workman, 
project officer, and LT Laticia J. Argenti, project attorney, 
Thirteenth Coast Guard District Legal Office.

Discussion of Regulations

    This safety zone is established in addition to the provisions set 
forth in 33 CFR 100.1301 regulating spectators during the Seafair 
Unlimited Hydroplane race. As provided for in those regulations, 
spectator zones are established for the hydroplane practice heats and 
final race during the last week of July and the first week of August 
annually. The Canadian Snowbirds Air Show, the subject of this safety 
zone, will be conducted between the heats of the hydroplane races 
occurring on Friday, August 5, and Saturday, August 6, 1994, only. Both 
events occur on or over the waters of Lake Washington, Seattle, 
Washington, and are sponsored by Seafair Incorporated as part of the 
Seafair three week celebration. It is expected that these two events 
will attract approximately 14,000 spectator craft on the waters west of 
the hydroplane race course log boom. This safety zone is necessary 
during the Canadian Snowbirds airshow due to Federal Aviation 
Administration rules prohibiting the airshow from being conducted over 
spectators. The safety zone will keep spectators away from the area 
directly below the Snowbird flight line during the event thus 
minimizing danger to all spectators in the vicinity of the air show. 
The safety zone will prohibit spectator craft from entering or 
remaining in an area of approximately 1 square mile of water 
intersected by the I-90 Bridge (Lacy V. Murrow Bridge). This safety 
zone will be enforced by representatives of Commander, Thirteenth Coast 
Guard District.

Regulatory Evaluation

    This proposed rule 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 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.

Federalism Assessment

    This action has been analyzed in accordance with the principals and 
criteria contained in Executive Order 12612, and it has been determined 
that the proposed rulemaking does not have sufficient federalism 
implications to warrant the preparations of a Federal Assessment.

Environmental Assessment

    This temporary rule has been thoroughly reviewed by the Coast Guard 
and determined to be categorically excluded from further environmental 
documentation in accordance with section 2.B.2.C. of Commandant 
Instruction M16475.1B. A Categorical Exclusion Determination statement 
has been prepared and placed in the rulemaking docket.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    In consideration of the foregoing, Part 165 of Title 33 Code of 
Federal Regulations, is amended as follows.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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 Sec. 165.T13-017 is added to read as follows:


Sec. 165.T13-017  Safety Zone: Lake Washington, Seattle, WA

    (a) Location. The following area is a safety zone: The waters of 
Lake Washington, Seattle, Washington, bounded by the following 
coordinates (beginning with the western most point and running 
clockwise): Latitude 47 deg.35'55'' N, Longitude 122 deg.17'09'' W to 
Latitude 47 deg.35'55'' N, Longitude 122 deg.15'12'' W, south to Faben 
Point, then running along the western shore of Mercer Island to 
Latitude 47 deg.34'19'' N, Longitude 122 deg.14'20'' N, then to 
Latitude 47 deg.34'11'' N, Longitude 122 deg.14'30'' N, then to 
Latitude 47 deg.34'43'' N, Longitude 122 deg.16'08'' W, then to 
Latitude 47 deg.33'57'' N, Longitude 122 deg.16'00'' W, then north 
along the western shoreline of Lake Washington back to the first 
coordinates.
    (b) Definitions.
    Designated representative of the District Commander is any Coast 
Guard commissioned, warrant or petty officer who has been authorized by 
the District Commander, Thirteenth Coast Guard District, to act on his 
behalf.
    Official patrol consists of any Coast Guard vessel, state or local 
law enforcement, and/or sponsor-provided vessels assigned and/or 
approved by Commander, Thirteenth Coast Guard District to patrol each 
event. All persons and/or vessels not registered with the sponsor as 
participants or official patrol vessels are considered spectators.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec. 165.23 of this part, entry into this safety zone is prohibited 
unless authorized by the District Commander or his designated 
representative. When hailed and/or signaled by an official patrol 
vessel, a spectator shall come to an immediate stop. Vessels shall 
comply with all directions given, failure to do so may result in a 
citation.
    (2) No spectators shall enter, anchor, block, loiter in, or impede 
the through transit of participants or official patrol vessels in the 
regulated area during the effective dates and times, unless cleared for 
such entry by or through an official patrol vessel.
    (3) The Patrol Commander is empowered to forbid and control the 
movement of all vessels in the regulated area. The Patrol Commander or 
his designated representative may terminate the event at any time it is 
deemed necessary for the protection of life and property. He may be 
reached on VHF Channel 23 (156.8 MHz) when required, by the call sign 
``PATCOM''.
    (d) Effective dates. This section becomes effective daily on August 
5, 1994 and August 6, 1994 at 8 a.m. (PDT) and terminates daily on 
August 5 and August 6, 1994 at 12 p.m. (PDT) unless sooner terminated 
by the District Commander.

    Dated: July 21, 1994.
J.W. Lockwood,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 94-18552 Filed 7-28-94; 8:45 am]
BILLING CODE 4910-14-M