Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations 40273

[FR Doc. 97–19782 Filed 7–25–97; 8:45 am]

BILLING CODE 4910–14–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD 05–96–010]

RIN 2115–AE84

Regulated Navigation Area; Delaware

Bay and River, Salem River, Christina

River, and Schuylkill River

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is amending

its regulations governing a regulated

navigation area on the Delaware Bay

and River. The changes extend the

current regulated navigation area to

include the Salem, Christina, and

Schuylkill Rivers between Trenton, NJ,

and the Delaware Breakwater. The

changes also establish new regulations

governing vessel movement within the

expanded regulated navigation area.

Many of these requirements were

previously imposed on a case-by-case

basis through issuance of temporary

rules and Captain of the Port Orders.

The Coast Guard believes these changes

will increase public awareness and

improve navigation safety within the

regulated navigation area.

EFFECTIVE DATE: This rule is effective on

August 27, 1997.

ADDRESSES: The comments and other

materials referred to in this preamble

are available for inspection or copying

at the Marine Safety Office

Philadelphia, PA during normal

working hours between 7:30 a.m. and 4

p.m., Monday through Friday, except

Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lt Robert Hennessy, Assistant Chief,

Port Operations Department (ACPOD),

at the Marine Safety Office

Philadelphia, PA, or by telephone at

(215) 271–4883.

SUPPLEMENTARY INFORMATION:

Regulatory History

On November 7, 1996, the Coast

Guard published a notice of proposed

rulemaking entitled Regulated

Navigation Area; Delaware Bay and

River, Salem River, Christina River, and

Schuylkill River in the Federal Register

(61 FR 57599). The comment period

ended February 5, 1997. The Coast

Guard received two letters commenting

on the proposal. No public hearing was

requested, and none was held.

Background and Purpose

This rule is adopted as part of an

overall safety program implemented by

the Captain of the Port, Philadelphia,

PA to enhance the safe transportation of

certain dangerous cargoes in the Captain

of the Port zone.

Existing 33 CFR 165.510 established a

regulated navigation area for the waters

of the Delaware Bay and Delaware River

south of the Delaware Memorial Bridge.

It prohibits a vessel with a draft of

greater than 55 feet from entering the

regulated navigation area. It also

prohibits oil transfer operations within

the regulated navigation area except

within specified anchorage grounds or

with the authorization of the Captain of

the Port. This rule expands the

regulated navigation area, applies it

when vessels transit with dangerous

cargoes, and imposes operational

restrictions on vessels operating within

the regulated navigation area.

In the past, the Captain of the Port,

Philadelphia, established a temporary

safety zone whenever a vessel carrying

a specified dangerous cargo transited

the area. The temporary safety zone

regulations routinely prohibited entry

into the waters surrounding the vessel

and facility without specific permission

from the Coast Guard. The COTP

imposed operating restrictions, similar

to the measures contained in this final

rule, as a condition of entry into the

safety zone. The temporary rules were

often issued on short notice and, as a

result, may not have been timely

published in the Federal Register.

To avoid the need to issue temporary

rules and improve the public’s

knowledge of potential restrictions on

navigation, the Coast Guard is amending

33 CFR 165.510. Definitions routinely

included in the temporary rules are

included in the final rule. The final rule

applies to all vessels operating in the

regulated navigation area, except vessels

engaged in law enforcement, servicing

aids to navigation, or surveying,

maintaining or improving the

waterways (e.g., dredges and survey

vessels). The 55-foot draft limitation is

retained, but a note is added indicating

that the project depth of the Delaware

River is 40 feet. Vessel to vessel oil

transfer operations, excluding

bunkering, will continue to be

prohibited within the regulated

navigation area except within

designated anchorage grounds or with

permission of the COTP.

Both vessels carrying dangerous

cargoes and vessels operating in the

vicinity of vessels carrying dangerous

cargoes must comply with operational

requirements and restrictions. The

master, owner, or operator of a vessel

carrying dangerous cargo must give

notice to the COTP at least 72 hours

before entering or departing the

regulated navigation area and at least 12

hours before any vessel movement

within the regulated navigation area.

The required notice must include a

report of the vessel’s propulsion and

machinery status and, for foreign flag

vessels, the notice must include any

outstanding deficiencies identified by

the flag state or classification society.

A vessel carrying dangerous cargo is

prohibited from transiting within the

regulated navigation area if visibility is

or is expected to be less than two

nautical miles. Anchoring is permitted

only in an emergency or upon COTP

approval. Unless the vessel has two

separate and independent steering

control systems with duplicate pilot

house steering gear controls, the master,

owner, or operator is required to

maintain a manned watch within the

steering gear compartment during any

transit within the regulated navigation

area. While at anchor, the master,

owner, or operator is required to have

the engines in a condition that full

power would be available within five

minutes whenever sustained winds

exceeded 25 knots. If sustained winds

reach or exceed 40 knots, the vessel’s

main engines must be on line. Each

vessel is required to have emergency

towing gear rigged while underway, at

anchor, or moored. Transfer of

dangerous cargo is also prohibited while

a vessel is at anchor or bunkering.

Operational restrictions are also

imposed on vessels operating in the

vicinity of a vessel carrying dangerous

cargo. While a vessel carrying dangerous

cargo is underway, no vessel is

permitted within 500 yards of either

side or within 1000 yards of the bow or

stern without permission of the COTP.

No vessel is allowed within 100 yards

of a moored or anchored vessel carrying

dangerous cargo. Commercial vessels

attending a vessel carrying dangerous

cargo are allowed to transit within this

area with permission from the master of

the vessel carrying dangerous cargo. If

permitted to enter, the vessel is required

to maintain a continuous radio guard,

operate at a ‘‘no wake’’ speed or the

minimum speed to maintain steerage,

and to proceed as otherwise directed by

the COTP. No vessel is permitted to

overtake a vessel carrying dangerous

cargo unless the overtaking can be

completed before reaching any bends in

the channel and the masters or operators

of both vessels clearly agree on

arrangements for the overtaking.

Specific restrictions also apply to

vessels operating above the C&D Canal.
40274 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations

A vessel carrying dangerous cargo is

required to have a tug escort, and to the

maximum extent possible, vessel

masters or operators are required to

avoid meeting situations on river bends.

This final rule includes a provision

that the COTP will announce scheduled

movements of vessels carrying

dangerous cargoes via Broadcast Notices

to Mariners. These broadcasts will not

only alert the maritime public that

restrictions will be in effect, but they

will also allow mariners to plan

activities to minimize the impact of the

restrictions.

Discussion of Comments and Changes

Two respondents to the Notice of

Proposed Rulemaking provided a

number of specific comments on the

proposed rule. One letter was from a

company that operates barges which

carry dangerous cargoes. The other letter

was from the operator of a launch

service.

One comment noted that the proposed

rule, by incorporating the definition of

dangerous cargoes provided in 33 CFR

160.203, would require barges carrying

bulk cargoes listed in Table 1 of 46 CFR

part 153 to adhere to the requirements

of the NPRM. The Coast Guard’s

intention in this rulemaking was to

establish a permanent rule to

incorporate requirements previously

imposed through issuance of temporary

rules and Captain of the Port Orders.

This rulemaking was not intended to

expand the scope to apply restrictions to

all barges carrying cargoes that were not

previously subject to case-by-case

restrictions. Therefore, for the purposes

of this part, the definition of dangerous

cargo excludes those substances listed

in Table 1 of 46 CFR part 153 and

referred to in § 160.203(d). Additionally,

paragraph 510(f) of this rule has been

changed to expressly not incorporate

Table 1 of 46 CFR part 153.

Proposed § 165.510(b) defined COTP

as Captain of the Port Philadelphia and

any Coast Guard commissioned,

warrant, or petty officer authorized to

act on his or her behalf. One comment

asked how the public would know that

a commissioned, warrant or petty officer

had been authorized to act on behalf of

the COTP. Under existing Coast Guard

policy, a commissioned, warrant, or

petty officer is designated in writing to

act on behalf of the COTP when he or

she completes qualification

requirements for various positions. A

commissioned, warrant, or petty officer

would not be assigned responsibilities

onscene if he or she had not been

delegated the necessary authority.

However, if a member of the public has

concerns about the authority behind a

specific request or order, he or she

should request clarification.

One comment questioned the

exemption in proposed § 165.510(c) for

vessels engaged in law enforcement,

servicing aids to navigation, dredging,

or surveying, maintaining, or improving

waterways. The commenter disagreed

that law enforcement vessels, vessels

servicing aids to navigation, and survey

vessels within the Regulated Navigation

Area should be exempt from this rule at

all times. Although the Coast Guard

understands this concern, the final rule

has not been changed. The exemption

applies only to a vessel actually engaged

in one of the specified activities within

the Regulated Navigation Area, and not

when a vessel is merely transiting.

Additionally, the Coast Guard does not

believe that the hazard to navigation

created by a vessel conducting surveys

or engaged in dredging is such that it

should always be required to

discontinue its operations when a vessel

carrying dangerous cargo is transiting

the area. However, the Coast Guard will

closely monitor this activity on a caseby-case basis, and may require a vessel

which poses a particular risk to cease

operations and maintain an appropriate

safe distance. The Coast Guard also

believes that nothing in this rule

relieves any master from the general

requirement to operate his or her vessel

in a prudent manner at all times.

In § 165.510(d) of the NPRM, the

Coast Guard proposed a requirement

that a vessel with a draft greater than 55

feet obtain permission of the Captain of

the Port prior to transiting the area

between the southern boundary of the

Regulated Navigation Area and the

southern span of the Delaware Memorial

Bridge. The Coast Guard received no

comments on this paragraph. The Coast

Guard believes, however, that the

wording in the proposed paragraph is

unnecessarily confusing, and therefore

has changed that wording to more

clearly state that a vessel with a draft

greater than 55 feet may not enter the

Regulated Navigation Area without

obtaining permission of the Captain of

the Port. Also, in § 165.510(d) of the

NPRM, the Coast Guard proposed

adding a Note stating that the project

depth of the Delaware River is 40 feet.

The project depth in parts of the

Delaware River, such as Newbold

Channel is less than 40 feet, however.

Therefore, the Coast Guard has changed

the Note to eliminate possible

confusion.

In § 165.510(e) of the NPRM, the Coast

Guard proposed a requirement to

prohibit oil transfer operations between

the southern boundary of the RNA and

the southern span of the Delaware

Memorial Bridge except as authorized

by the COTP or within the anchorage

designated in 33 CFR 110.157(a)(1). The

Coast Guard received no comments on

this paragraph; however, after further

consideration, the Coast Guard believes

this requirement is unduly restrictive.

As written, 165.510(e) prohibits oil

transfer operations at fixed facilities, as

well as all bunkering operations. This

paragraph does not reflect the Coast

Guard’s intent to codify the current

practice achieved through issuance of

temporary safety zones. Therefore, the

Coast Guard is amending § 165.510(e) to

more precisely state that unless

authorized by the COTP, no vessel to

vessel oil transfer operations, excluding

bunkering, may be conducted within the

area between the southern boundary of

the RNA and the southern span of the

Delaware Memorial Bridge except

within the anchorage ground designated

in 33 CFR 110.157(a)(1).

In § 165.510(f)(6) of the NPRM, the

Coast Guard proposed a requirement

that a vessel carrying dangerous cargo

and anchored within the regulated area

have its main engines on five-minute

standby when sustained winds are

greater than 25 knots but less than 40

knots, and on line when sustained

winds reached 40 knots or more. One

comment suggested modifying this

provision to require that engines be on

five-minute standby when sustained

winds are greater than 25 knots but less

than 30 knots, on line when sustained

winds are forecast to be greater than 30

knots but less than 40 knots, and that

the vessel also have a pilot embarked

and tug alongside whenever sustained

winds of greater than 40 knots are

forecast. The Coast Guard has carefully

considered this comment, but has not

changed the requirement in this final

rule. The Coast Guard developed the

proposed requirement after receiving

input from the Philadelphia Maritime

Advisory Committee and the Delaware

Bay and River Pilots Association.

Mariners must monitor weather

forecasts in order to take the steps

necessary to comply with this rule. Most

vessels are capable of safely maintaining

their positions at anchor or

maneuvering as needed even if winds

are 40 knots or greater. The Coast Guard

will continue to monitor vessel and

weather status. If a specific vessel poses

a particular threat, the COTP may issue

a COPT order requiring additional

protective measures on a case-by-case

basis. The COTP may also establish a

temporary safety zone to limit vessel

movement if severe weather, such as

hurricane conditions, is forecast.

Another comment stated that the

requirement in proposed § 165.510(g)
Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations 40275

that passing vessels remain 500 yards

from the sides and 1,000 yards from the

bow or stern of a vessel carrying

dangerous cargo would essentially halt

all large commercial traffic during any

transit of a vessel carrying dangerous

cargo in most areas of the regulated area.

The Coast Guard notes that a vessel may

approach closer with COTP permission.

It is not the Coast Guard’s intent to stop

all traffic within the port. The COTP

may permit a vessel to enter within 500

yards from the sides and 1,000 yards

from the bow or stern of a vessel

carrying dangerous cargo if the masters

or pilots of both vessels have

coordinated safe passing arrangements.

Therefore, the Coast Guard has not

changed this provision in the final rule.

In § 165.510(g)(2)(ii) of the NPRM, the

Coast Guard proposed a requirement

that a master, owner, or operator of a

vessel given permission to come or

remain near a vessel carrying dangerous

cargo under paragraph (g)(1) operate at

a ‘‘no wake’’ speed or the minimum

speed needed to maintain steerage,

whichever is less. Although no

comments were received on this

paragraph, the Coast Guard believes that

the wording in the proposed paragraph

is unnecessarily confusing and could

create an unsafe situation in the event

that the ‘‘no wake’’ speed is less than

the speed necessary to maintain

steerage. Therefore, the Coast Guard has

eliminated the phrase ‘‘whichever is

less’’ from the final rule.

Section 165.510(h)(2) of the NPRM

proposed additional requirements for

vessels operating above the C&D Canal.

The proposed paragraph required that a

vessel carrying dangerous cargo and an

oncoming vessel shall not meet at a

relative speed greater than prudent

under the prevailing weather conditions

or 20 knots, whichever is less. The Coast

Guard did not receive comments on this

paragraph; however, upon further

review, the Coast Guard believes that

requiring vessels to maintain a relative

speed of 20 knots or less is

unnecessarily restrictive. The Coast

Guard believes that basic seamanship

and the rules of the road should dictate

the relative speed of oncoming vessels.

Therefore, the Coast Guard has

eliminated the first clause of

§ 165.510(h)(2) which limits the speed

of vessels. As amended, § 165.510(h)(2)

will merely state that meeting situations

shall be avoided on river bends to the

maximum extent possible.

A comment also noted that many

recreational vessels do not monitor

marine frequencies. Therefore,

recreational boaters may not be aware of

a Broadcast Notice to Mariners

concerning scheduled movements of a

vessel carrying dangerous cargo and the

restrictions imposed by this rule. The

Coast Guard agrees that many vessels do

not monitor Broadcast Notices or follow

other prudent navigation practices.

However, failure to do so would not

excuse a violation of this rule.

Regulatory Evaluation

This rule 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 rule

to be so minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary. The practice of

establishing a safety zone around a

vessel loaded with certain dangerous

cargoes, notably explosives and

Liquefied Petroleum Gas, has been in

effect for many years. Small and large

companies with vessels operating in

Philadelphia are aware of scheduled

transits of vessels loaded with

dangerous cargoes and adjust their

vessel movements to minimize any

economic impact. These restrictions

have been implemented on a case-bycase basis in the form of Captain of the

Port Orders or temporary safety zones

for each transit. By establishing a

permanent rule the Coast Guard will

achieve economies in manpower and

administrative time, provide the Port of

Philadelphia with the widest

dissemination of these precautionary

measures, and minimize the potential

dangers of these movements to the port

community. Because this regulated

navigation area is not expected to

unduly impede the flow of traffic, the

impact of this rule is expected to be

minimal, and the Coast Guard believes

that this rule will have only minimal

economic impact.

Small Entities

The Coast Guard considered whether

this rule would have a significant

economic impact on a substantial

number of small entities. ‘‘Small

entities’’ included (1) small businesses

and not-for-profit organizations that are

independently owned and operated and

are not dominant in their fields and (2)

governmental jurisdictions with

populations of less than 50,000. This

rule merely codifies the Captain of the

Port’s past practices of issuing

temporary rules and Captain of the Port

Orders when vessels carrying certain

dangerous cargoes are transiting.

Because those practices were conducted

without adverse affects to small entities,

the impact of this rule is expected to be

minimal. Therefore, the Coast Guard

certifies under section 605(b) of the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.) that this rule will not have a

significant economic impact on a

substantial number of small entities.

Collection of Information

This rule contains no collection-ofinformation requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

This rule has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

it does not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that under section 2.B.2e.(34)

of Commandant Instruction M16475.1B

(as revised by 61 FR 13563, March 27,

1996), this rule is categorically excluded

from further environmental

documentation. A Categorical Exclusion

Determination Statement has been

prepared and placed in the rulemaking

docket.

List of Subjects in 33 CFR Part 165

Harbors, Marine Safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

For the reasons set out in the

Preamble, the Coast Guard amends 33

CFR part 165 as follows:

PART 165—REGULATED NAVIGATION

AREAS AND LIMITED ACCESS AREAS

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), 6.04–6, and 160.5; 49 CFR

1.46.

2. Section 165.510 is revised to read

as follows:

§ 165.510 Delaware Bay and River, Salem

River, Christina River and Schuylkill RiverRegulated Navigation Area.

(a) Regulated Navigation Area. The

following is a Regulated Navigation

Area: The navigable waters of Delaware

Bay and River, Salem River, Christina

River, and Schuylkill River, in an area
40276 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations

bounded on the south by a line drawn

across the entrance to the Delaware Bay

between Cape May Light and Harbor of

Refuge Light and then continuing to the

northernmost extremity of Cape

Henlopen, and bounded on the north by

a line drawn across the Delaware River

between Trenton, NJ and Morrisville,

PA along the southern side of the U.S.

Route 1 Bridge.

(b) Definitions. As used in this

section:

COTP means the Captain of the Port,

Philadelphia, PA and any Coast Guard

commissioned, warrant or petty officer

who has been authorized by the COTP

to act on his or her behalf.

Dangerous Cargo means those cargoes

listed in § 160.203 of this chapter when

carried in bulk, but does not include

cargoes listed in Table 1 of 46 CFR part

153.

Underway means that a vessel is not

at anchor, made fast to the shore, or

aground.

(c) Applicability. This section applies

to any vessel operating within the

Regulated Navigation Area, including a

naval or public vessel, except a vessel

engaged in:

(1) Law enforcement;

(2) Servicing aids to navigation; or

(3) Surveying, maintaining, or

improving waters within the Regulated

Navigation Area.

(d) Draft limitation. Unless otherwise

authorized by the COTP, no vessel with

a draft greater than 55 feet may enter

this regulated navigation area.

Note: The project depth in many areas of

the Regulated Navigation Area is less than 55

feet.

(e) Oil transfer operations. Unless

otherwise authorized by the COTP, no

vessel to vessel oil transfer operations,

excluding bunkering, may be conducted

within the area between the southern

boundary of this regulated navigation

area and the southern span of the

Delaware Memorial Bridge except

within the anchorage ground designated

in 110.157(a)(1) of this chapter.

(f) Requirements for vessels carrying

dangerous cargoes. The master, owner,

or operator of a vessel carrying a

dangerous cargo shall:

(1) Notify the COTP at least 72 hours

before the vessel enters or departs the

regulated navigation area and at least 12

hours before the vessel moves within

the regulated navigation area. The

notice must include a report of the

vessel’s propulsion and machinery

status and, for foreign flag vessels, the

notice must include any outstanding

deficiencies identified by the vessel’s

flag state or classification society;

(2) Not enter, get or remain underway

within the regulated navigation area if

visibility is or is expected to be less than

two (2) miles. If during the transit

visibility becomes less than two (2)

miles, the vessel must seek safe

anchorage and notify the COTP

immediately;

(3) Not anchor in any area within the

regulated navigation area unless in

times of emergency or with COTP

permission;

(4) Not transfer dangerous cargo while

the vessel is at anchor or bunkering;

(5) Maintain a manned watch in the

steering compartment whenever the

vessel is underway within the regulated

navigation area unless the vessel has

two separate and independent steering

control systems with duplicate

pilothouse steering gear control systems

which meet the requirements of 46 CFR

85.25–55;

(6) When anchored within the

regulated navigation area and:

(i) Sustained winds are greater than

25 knots but less than 40 knots, ensure

the main engines are ready to provide

full power in five minutes or less; and

(ii) Sustained winds are 40 knots or

over, ensure that the main engines are

on line to immediately provide

propulsion;

(7) While moored within the regulated

navigation area, ensure that at least two

wire cable mooring lines (firewarps) are

rigged and ready for use as emergency

towing hookups fore and aft on the

outboard side of the vessel;

(8) While underway or anchored

within the regulated navigation area,

ensure that at least two wire cable

mooring lines (firewarps) are rigged and

ready for use as emergency towing

hookups fore and aft on the vessel; and,

(9) Proceed as directed by the COTP.

(g) Requirements for vessels operating

in the vicinity of a vessel carrying

dangerous cargoes. (1) Except for a

vessel that is attending a vessel carrying

dangerous cargo with permission from

the master of the vessel carrying

dangerous cargo or a vessel that is

anchored or moored at a marina, wharf,

or pier, and which remains moored or

at anchor, no vessel may, without the

permission of the COTP:

(i) Come or remain within 500 yards

of the port or starboard side or within

1,000 yards of the bow or stern of an

underway vessel that is carrying

dangerous cargo; or

(ii) Come or remain within 100 yards

of a moored or anchored vessel carrying

dangerous cargo.

(2) The master, owner, or operator of

any vessel receiving permission under

paragraph (g)(1) of this section shall:

(i) Maintain a continuous radio guard

on VHF–FM channels 13 and 16;

(ii) Operate at ‘‘no wake’’ speed or the

minimum speed needed to maintain

steerage; and

(iii) Proceed as directed by the COTP.

(3) No vessel may overtake a vessel

carrying dangerous cargoes unless the

overtaking can be completed before

reaching any bend in the channel.

Before any overtaking, the pilots,

masters or operators of both the

overtaking vessel and the vessel being

overtaken must clearly agree on the

circumstances of the overtaking,

including vessel speeds, time and

location of overtaking.

(h) Additional restrictions above the

C&D Canal. When operating on the

Delaware River above the C&D Canal:

(1) A vessel carrying dangerous cargo

must be escorted by at least one

commercial tug; and

(2) Meeting situations shall be

avoided on river bends to the maximum

extent possible.

(i) The COTP will issue a Broadcast

Notice to Mariners to inform the marine

community of scheduled vessel

movements during which the

restrictions imposed by paragraphs (g)

and (h) of this section will be in effect.

Dated: July 8, 1997.

Roger T. Rupe, Jr.,

Vice Admiral, U.S. Coast Guard Commander,

Fifth Coast Guard District.

[FR Doc. 97–19780 Filed 7–25–97; 8:45 am]

BILLING CODE 4910–14–M

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.

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°20′20′′

N, longitude 122°41′20′′ W; thence to