[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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