[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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