[Federal Register Volume 62, Number 144 (Monday, July 28, 1997)]
[Rules and Regulations]
[Pages 40276-40278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19783]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD13-97-019]
RIN 2115-AA97


Safety Zone Regulation; Naval Air Station Whidbey Island Air 
Show, Puget Sound, Washington

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of Puget Sound from 11 a.m. (PDT) to 5 p.m. (PDT) July 26 and 
27, 1997. The Captain of the Port Puget Sound, Seattle, Washington is 
taking the following 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 beginning at the shoreline at 
position latitude 48 deg.20'20'' N, longitude 122 deg.41'20'' W; thence 
to

[[Page 40277]]

position latitude 48 deg.20'14'' N, longitude 122 deg.44'23'' W; thence 
to position latitude 48 deg.19'41'' N, longitude 122 deg.44'20'' W; 
thence to the shoreline at position latitude 48 deg.19'47'' N, 
122 deg.41'27'' W; thence along the shoreline of Whidbey Island to the 
point of origin. It is effective July 26 and 27, 1997 from 11 a.m. 
(PDT) to 5 p.m. (PDT). Entry into this safety zone is prohibited unless 
authorized by the Captain of the Port.

EFFECTIVE DATE: This regulation is effective on July 26 and 27, 1997, 
from 11 a.m. (PDT) to 5 p.m. (PDT) on each day.

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 J.B. Roberts, c/o Captain of the 
Port Puget Sound, 1519 Alaskan Way South, Seattle, Washington 98134, 
(206) 217-6232.

SUPPLEMENTARY INFORMATION: 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 vessels and spectators operating in the area of the 
air show. Notice of the event was not provided to the Coast Guard until 
two weeks prior to the event. Therefore, sufficient time was not 
available to publish the proposed rules in advance of the event or to 
provide a delayed effective date. 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. Naval Air Station Whidbey Island SEA `N SKY FEST which 
features a number of air show performances including the USAF 
THUNDERBIRDS. The safety zone encompasses the area beginning at the 
shoreline at position latitude 48 deg.20'20'' N, longitude 
122 deg.41'20'' W; thence to position latitude 48 deg.20'14'' N, 
longitude 122 deg.44'23'' W; thence to position latitude 48 deg.19'41'' 
N, longitude 122 deg.44'20'' W; thence to the shoreline at position 
latitude 48 deg.19'47'' N, 122 deg.41'27'' W; thence along the 
shoreline of Whidbey Island to the point of origin. The zone is needed 
to protect watercraft and their occupants, who may wish to view the air 
shows in close quarters, from safety hazards associated with high 
performance aircraft conduction complex maneuvers at high speeds. 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 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. This expectation is based on the fact that the regulated 
area established by the proposed regulation is outside the Puget Sound 
traffic separation scheme and will have minimal impact on vessel 
transiting this area. The safety zone is centered on a line extending 
from the NAS runway on a heading of 247 deg. Magnetic. The regulated 
area resembles a rectangle 2 nautical miles in length and 1000 yards in 
width, encompassing an area of approximately 3.2 square miles.

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.e. 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), Reports 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:

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 Sec. 165.T13-016 is added to read as follows:


Sec. 165.T13-016  Safety Zone; Naval Air Station Whidbey Island Air 
Show, Puget Sound, WA.

    (a) Location. The following area is a safety zone: All waters of 
Puget Sound bounded by a line commencing at position latitude 
48 deg.20'20'' N, longitude 122 deg.41'20'' W; thence to position 
latitude 48 deg.20'14'' N, longitude 122 deg.44'23'' W; thence to 
position latitude 48 deg.19'41'' N, longitude 122 deg.44'20'' W; thence 
to the shoreline at position latitude 48 deg.19'47'' N, longitude 
122 deg.41'27'' W; thence along the shoreline of Whidbey Island to the 
point of origin. All coordinates reference datum 1983. The area 
represents a 2 nautical mile long by 1000 yard wide rectangle that 
extends from the west end of the NAS Whidbey Island runway on a heading 
of 247 deg.M.
    (b) Regulations. In accordance with the general regulations in 
Sec. 165.23 of

[[Page 40278]]

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.
     Effective dates. This regulation becomes effective on July 26 and 
27, 1997, from 11 a.m. (PDT) to 5 p.m. (PDT) each day, unless sooner 
terminated by the Captain of the Port.

    Dated: July 18, 1997.
Myles S. Boothe,
Captain, U.S. Coast Guard, Captain of the Port Puget Sound.
[FR Doc. 97-19783 Filed 7-25-97; 8:45 am]
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