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

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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