[Federal Register Volume 61, Number 153 (Wednesday, August 7, 1996)]
[Rules and Regulations]
[Pages 40994-40996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20019]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD13-96-015]
RIN 2115-AA97
Safety Zone Regulation; Seafair's U.S. Navy Blue Angels Air Show,
Elliott Bay, Seattle, WA
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is adopting a temporary safety zone regulation
for the U.S. Navy Blue Angels Air Show sponsored by Seafair
Incorporated on 8, 9, 10, and 11 August, 1996, over Elliott Bay,
Seattle, Washington. The Captain of the Port Puget Sound, Seattle,
Washington, is taking this action to safeguard watercraft and their
occupants from the safety hazards associated with high performance
aircraft conducting difficult maneuvers at low altitudes. The safety
zone will encompass the area of Elliott Bay over which the air show
will take place. Entry into this safety zone will be prohibited unless
authorized by the Captain of the Port.
EFFECTIVE DATES: This regulation becomes effective on the following
dates and times: commencing August 8, 1996, at 1 p.m. (PDT) and
terminating August 8, 1996, at 4 p.m. (PDT); commencing August 9, 1996,
at 2 p.m. (PDT) and terminating August 9, 1996, at 4 p.m. (PDT);
commencing August 10, 1996, at 2 p.m. (PDT) and terminating August 10,
1996, at 4 p.m. (PDT); and commencing August 11, 1996, at 2 p.m. (PDT)
and terminating August 11, 1996, at 4 p.m. (PDT). The Captain of the
Port may
[[Page 40995]]
sooner terminate this safety zone each day if it becomes unnecessary.
ADDRESSES: Documents referred to in this preamble are available for
inspection or copying at U.S. Coast Guard Marine Safety Office Puget
Sound, 1519 Alaskan Way South, Building One, Seattle, WA 98134. Normal
office hours are between 7 a.m. and 5 p.m., Monday through Friday,
except federal holidays.
FOR FURTHER INFORMATION CONTACT:
LTJG A. Baribeau, c/o Captain of the Port Puget Sound, 1519 Alaskan Way
South, Seattle, Washington 98134, (206) 217-6232.
SUPPLEMENTARY INFORMATION:
Regulatory History
Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking was not
published for this regulation. However, good cause exists for not
following normal rulemaking procedures. Publishing a NPRM would be
contrary to the public interest since immediate action is necessary to
ensure the safety of vessels and spectators operating in the area of
the Air Show. Due to the complex planning and coordination involved,
the sponsor of the event, Seafair Incorporated, was unable to provide
the Coast Guard with the final details for the show until 60 days prior
to the event. Therefore, sufficient time was not available to publish a
proposed rule in advance of the event. Following normal rulemaking
procedures in this case would be impracticable.
Background and Purpose
The Coast Guard is adopting a temporary safety zone regulation for
the U.S. Navy Blue Angels Air Show sponsored by Seafair, Incorporated.
The safety zone encompasses all waters of Puget Sound bounded by a line
beginning at position latitude 47 deg. 37.48.0' N, longitude 122 deg.
25.11.4' W; thence to latitude 47 deg. 37.21.7' N, longitude 122 deg.
25.31.6' W; thence to latitude 47 deg. 36.05.8' N, longitude 122 deg.
21.55.1' W' thence to latitude 47 deg. 36/47.9' N, longitude 122 deg.
21.22.8'W; and thence returning to the point of origin (NAD 83). The
zone is needed to protect watercraft and their occupants from safety
hazards associated with high performance aircraft conducting complex
maneuvers at high speeds and low altitudes. Many onlookers may attempt
to view the air show at close range, thereby increasing their exposure
to these hazards. Entry into the safety zone will be prohibited during
the air show and practice sessions. 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.
Regulator Evaluation
This temporary final 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 not been reviewed 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 regulated
area established by the proposed regulation would encompass
approximately 4.75 square miles in Elliott Bay from Magnolia Bluff
across the Bay to the Coleman Dock on the Seattle waterfront. Entry
into the regulated area would be restricted for less than four hours
during each of the four days during the performances. Maritime commerce
can plan the transits of the area around the scheduled event.
Federalism
The Coast Guard has analyzed this action in accordance with the
principles 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 preparation of a Federalism
Assessment.
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. For the
reasons set forth above the impacts of this proposal are expected to be
minimal, the Coast Guard certifies under section 605(b) of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this proposal
will not have a significant impact on a substantial number of small
entities.
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 rule is categorically excluded from further environmental
documentation. Appropriate environmental analysis of the U.S. Navy Blue
Angels Air Show sponsored by Seafair Incorporated will be in
conjunction with the marine event permitting process. 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.
Regulation
For the reasons set out in the preamble, the Coast Guard amends
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.T-3009 is added to read as follows:
Sec. 165.T1-3009 Safety Zone: Elliott Bay, Seattle, Washington.
(a) Regulated Area. The following area is a safety zone: All waters
of Elliott Bay, Seattle, Washington bounded by a line beginning at
position latitude 47 deg.37.48.0'N, longitude 122 deg.25.11.4'W; thence
to latitude 47 deg.37.21.7'N, longitude 122 deg.25.31.6'W; thence to
latitude 47 deg.36.05.8'N, longitude 122 deg.21.55.1'W; thence to
latitude 47 deg.36.47.9'N, longitude 122 deg.21.22.8'W; thence
returning to the point of origin.
(NAD 83) (b) Definitions. The designated representative of the
Captain of the Port is any Coast Guard commissioned, warrant or petty
officer who has been authorized by the Captain of the Port Puget Sound,
to act on his behalf. The following officers have or will be designated
by the Captain of the Port: The Commissioned, warrant, and petty
officers assigned to Coast Guard Station Seattle, USCGC CUTTYHUNK, and
USCGC POINT RICHMOND.
(c) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited, unless
authorized by the Captain of the Port or his designated
representatives.
(d) Effective Dates. This regulation is effective on the following
dates and times: commencing August 8, 1996, at 1 p.m. (PDT) and
terminating August 8, 1996, at 4 p.m. (PDT); commencing August 9, 1996,
at 2 p.m. (PDT) and
[[Page 40996]]
terminating August 9, 1996, at 4 p.m. (PDT); commencing August 10,
1996, at 2 p.m. (PDT) and terminating August 10, 1996 at 4 p.m. (PDT);
and commencing August 11, 1996, at 2 p.m. (PDT) and terminating August
11, 1996, at 4 p.m. (PDT). The Captain of the Port may sooner terminate
this safety zone each day if it becomes necessary.
Dated: July 3, 1996.
Myles S. Boothe,
Captain, U.S. Coast Guard, Captain of the Port Puget Sound.
[FR Doc. 96-20019 Filed 8-6-96; 8:45 am]
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