[Federal Register Volume 62, Number 133 (Friday, July 11, 1997)]
[Rules and Regulations]
[Pages 37135-37136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18267]



[[Page 37135]]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD13-97-012]
RIN-AA97


Safety Zone Regulation; SeaFair's Blue Angels Air Show, 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 on the waters of 
Lake Washington from 6 a.m. (PDT) to 4 p.m. (PDT) August 7, 8, 9, and 
10, 1997. 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 
complex maneuvers at high speeds and low altitudes. The safety zone 
will encompass the area of Lake Washington over which the air show will 
take place. Entry into this safety zone is prohibited unless authorized 
by the Captain of the Port.

DATES: This regulation is effective on August 7, 8, 9, and 10, 1997, 
from 6 a.m. (PDT) to 4 p.m. (PDT).

ADDRESSES: Unless otherwise indicated, documents referred to in this 
preamble are available for inspection and copying at U.S. Coast Guard 
Marine Safety Office, Puget Sound, 1519 Alaskan Way South, Building 1, 
Seattle, Washington 98134. Normal office hours are between 7 a.m. and 5 
p.m., Monday through Friday, except federal holidays.

FOR FURTHER INFORMATION CONTACT: LT Joel Roberts, 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 has not 
been published for this regulation and good cause exists for making it 
effective less than 30 days from the date of publication in the Federal 
Register. 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. If normal notice 
and comment procedures were followed, this rule would not become 
effective until after the date of the event. For this reason, following 
normal rulemaking procedures in this case would be impracticable and 
contrary to the public interest.

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 Lake Washington, Seattle, 
Washington, bounded by a line commencing at position latitude 
47 deg.35'35'' N, longitude 122 deg.15'13'' W; thence to position 
latitude 47 deg.35'55'' N, longitude 122 deg.15'44'' W; thence to 
position latitude 47 deg.35'48'' N, longitude 122 deg.15'44'' W; thence 
to position latitude 47 deg.33'06'' N, longitude 122 deg.15'28'' W; 
thence along the shore of Bailey Peninsula to position latitude 
47 deg.33'44'' N, longitude 122 deg.15'01'' W; thence to position 
latitude 47 deg.33'43'' N, longitude 122 deg.13'53'' W; thence 
returning along the shore of Mercer Island to the point of origin. 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, 
state, and local agencies.

Regulatory Evaluation

    This proposal 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 CFR 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. This expectation is based on the fact that the regulated 
area established by the proposed regulation would encompass 
approximately 4.75 square miles on Lake Washington from the vicinity of 
the I-90 bridge to Bailey Peninsula. Operation within the regulated 
area would be controlled over the duration of the safety zone but only 
actually prohibited for less than four hours each of the four days 
during the performances. An extensive media and public relations 
campaign will notify local land owners and area recreational boaters of 
the event schedule and operating restrictions.

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'' include independently owned and operated small businesses 
that are not dominant in their field and that otherwise qualify as 
``small business concerns'' under section 3 of the Small Business Act 
(15 U.S.C. 632). Because the impacts of this proposal are expected to 
be minimal, the Coast Guard certifies under 5 U.S.C. 605(b) that this 
final rule will not have a significant economic impact on a substantial 
number of small entities.

Collection of Information

    This rule 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 final rule in accordance with the 
principles and criteria contained in Executive Order 12612 and has 
determined that this final rule does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environmental Assessment

    The Coast Guard has considered the environmental impact of this 
rule and has concluded that under Section 2.B.2.c. of Commandant 
Instruction M16475.1B, it is categorically excluded from further 
environmental documentation.

List of Subjects in 33 CFR Part 165

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

Final Regulation

    For the reasons set out in the preamble, the Coast Guard amends 
part 165 of Title 33, Code of Federal Regulations, as follows:

[[Page 37136]]

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 temporary section 165.T13-011 is added to read as follows:


Sec. 165.T13-011  Safety Zone; Lake Washington, Seattle, WA.

    (a) Location. The following area is a safety zone: All waters of 
Lake Washington, Seattle, Washington, bounded by a line commencing at 
position latitude 47 deg.35'35''N, longitude 122 deg.15'13''W; thence 
to position latitude 47 deg.35'55''N, longitude 122 deg.15'44''W; 
thence to position latitude 47 deg.35'48''N, longitude 
122 deg.15'44''W; thence to position latitude 47 deg.33'02''N, 
longitude 122 deg.15'28''W; thence to position latitude 
47 deg.33'44''N, longitude 122 deg.15'01''W; thence to position 
latitude 47 deg.33'43''N, longitude 122 deg.13'53''W; thence returning 
along the shore of Mercer Island to the point of origin. [Datum NAD 83]
    (b) Regulations. In accordance with the general regulations in 
Section 165.23 of this part, no person or vessel may enter or remain in 
this zone, except for participants in the event, supporting personnel, 
vessels registered with the event organizer, or other vessels 
authorized by the Captain of the Port or his designated 
representatives.
    (c) Effective dates. This regulation is effective on August 7, 8, 
9, and 10, 1997, from 6 a.m. (PDT) to 4 p.m. (PDT) each day.

    Dated: June 21, 1997.
Myles S. Boothe,
Captain, U.S. Coast Guard, Captain of the Port Puget Sound.
[FR Doc. 97-18267 Filed 7-10-97; 8:45 am]
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