14 July 2004. One of the Eyeball series.
Source of photos and topo map: Terraserver-USA

[Federal Register: July 14, 2004 (Volume 69, Number 134)]
[Rules and Regulations]               
[Page 42115-42117]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14jy04-6]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD-13-04-033]
RIN 1625-AA87

 
Security Zone Regulations; Elliot Bay and Lake Washington, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary security zones 
around the M/V ARGOSY VIRGINIA 5, M/V ARGOSY CELEBRATIONS AND P/C 
OLYMPUS while underway, anchored, or moored on Lake Washington, 
Washington. In addition, the Coast Guard is establishing temporary 
security zones around Pier 70 and Amgen located on Elliott Bay and the 
National Oceanographic and Atmospheric Administration (NOAA) Sandpoint 
Facility and Gates Residence located on Lake Washington. Entry into 
these zones is prohibited unless authorized by the Captain of the Port, 
Puget Sound or his designated representatives. The Coast Guard is 
establishing these temporary security zones around these waterways and 
these vessels to provide safety and security during the National 
Governors Association (NGA) Conference. The Captain of the Port, Puget 
Sound, Washington is taking this action to safeguard the dignitaries, 
official parties, VIP's and other participants (``attendees'') 
attending the NGA Conference from terrorism, sabotage, or other 
subversive acts. Entry into these zones is prohibited unless authorized 
by the Captain of the Port.

DATES: This rule is effective from 11 a.m on July 17, through 2 a.m. on 
July 19 2004, unless sooner cancelled by the Captain of the Port.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at the U.S. Coast Guard Marine Safety Office 
Puget Sound, 1519 Alaskan Way South, Building 1, Seattle, Washington 
98134. Normal office hours are between 8 a.m. and 4 p.m., Monday 
through Friday, except federal holidays.

FOR FURTHER INFORMATION CONTACT: LTJG T.D. Thayer, c/o Captain of the 
Port Puget Sound, 1519 Alaskan Way South, Seattle, Washington 98134, 
(206) 217-6230.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Under 5 U.S.C. 553(d)(3), the 
Coast Guard finds that good cause exists for making this rule effective 
less than 30 days after publication in the Federal Register. Publishing 
a NPRM would be contrary to public interest. It is also in the public 
interest to have these regulations effective less than 30 days after 
publication. This rule is needed to provide for the security of the 
public, the NGA Conference and the conference attendees, and the safety 
of the waterways due to the potential for hostile and violent acts 
including from demonstrators protesting the NGA Conference. This 
Temporary Final Rule is necessary for the Coast Guard as well as other 
Federal, State and Local law enforcement officials to put appropriate 
security measures in place in time for the start of the NGA Conference. 
If normal notice and comment procedures were followed, national 
security could be compromised.

Background and Purpose

    The Coast Guard is establishing temporary security zone regulations 
to safeguard designated vessels carrying NGA Conference attendees and 
the venue areas established for the attendees from potential terrorism, 
sabotage, or other subversive acts. These temporary security zones will 
mitigate these potential threats and are necessary to protect the 
public, conference attendees, law enforcement officers, maritime 
transportation infrastructure and the flow of commerce on these 
waterways. Representatives of the Captain of the Port Puget Sound, 
Washington will enforce these security zones. The Captain of the Port 
may be assisted by other federal, state and local agencies.

Discussion of Rule

    This Temporary Final Rule establishes moving security zones around 
certain vessels that will be used to transport conference attendees. 
This Temporary Final Rule also establishes security zones in the 
navigable waters of the United States around four different venues 
located on Elliott Bay and Lake Washington. These security zones will 
control vessel movements in and around these zones and they are 
necessary to safeguard the NGA Conference attendees from terrorism, 
sabotage, or other subversive acts. The security zones established by 
this Temporary Final Rule are as follows: (1) All waters of Lake 
Washington, Washington State, within a 200 yard radius centered on the 
M/V ARGOSY VIRGINIA 5, M/V ARGOSY CELEBRATIONS AND P/C OLYMPUS while 
these vessels are underway, anchored, or moored; (2) all waters of 
Elliott Bay, Washington, within a 200 yard radius centered on 
47[deg]37.6[min] N, 122[deg]22.5[min] W, near the Amgen facility, which 
is located between Pier 90/91 and the grain terminal; (3) all waters of 
Elliott Bay, Washington , within a 200 yard radius centered on 
47[deg]36.88[min] N, 122[deg]21.45[min] W, which is the approximate 
location of the end of Pier 70; (4) all waters of Lake Washington, 
Washington State, within a 200 yard radius centered on 47[deg]41.3[min] 
N, 122[deg]15.8[min] W, which is the location of National Oceanographic 
and Atmospheric Administration's Sandpoint Facility; and (5) all waters 
of Lake Washington, Washington State, south of the Highway 520 floating 
bridge, which are enclosed by following points: 47[deg]37[min]758[sec] 
N, 122[deg]14[min]554[sec] W; 47[deg]37[min]758[sec] N, 
122[deg]14[min]680[sec] W; 47[deg]37[min]572[sec] N, 
122[deg]14[min]610[sec] W; 47[deg]37[min]575[sec] N, 
122[deg]14[min]679[sec] W [Datum: NAD 1983]. Entry into these security 
zones is prohibited unless authorized by the Captain of the Port.

Regulatory Evaluation [Omitted.]

...

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping requirements, Security measures, Waterways.


For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR Part 165 as follows:

PART 165--[AMENDED]

1. The authority citation for Part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

2. A temporary Sec.  165.T13-011 is added to read as follows:

Sec.  165.T13-011  Security Zone; Elliot Bay and Lake Washington, WA.

    (a) Security Zones. The following are security zones:
    (1) M/V ARGOSY VIRGINIA 5, M/V ARGOSY CELEBRATIONS and P/C OLYMPUS 
Security Zones: All waters of Lake Washington, Washington State, within 
a 200 yard radius centered on the M/V ARGOSY VIRGINIA 5, M/V ARGOSY 
CELEBRATIONS AND P/C OLYMPUS while underway, anchored, or moored. The 
security zone around these vessels will be enforced from 11 a.m. on 
July 17, 2004, until 2 a.m. on July 18, 2004.
    (2) Amgen Security Zone: All waters of Elliott Bay, Washington, 
within a 200 yard radius centered on 47[deg]37.6' N, 122[deg]22.5' W 
[Datum: NAD 1983]. The security zone around the Amgen facility will be 
enforced from 11 a.m. on July 18, 2004, until 2 a.m. on July 19, 2004.
    (3) Pier 70 Security Zone: All waters of Elliott Bay, Washington, 
within a 200 yard radius centered on 47[deg]36.88' N, 122[deg]21.45' W 
[Datum: NAD 1983]. The security zone around Pier 70 will be enforced 
from 11 a.m. on July 17, 2004, until 2 a.m. on July 18, 2004.
    (4) National Oceanographic and Atmospheric Administration (NOAA) 
Sandpoint Facility Security Zone: All waters of Lake Washington, 
Washington State, within a 200 yard radius centered on 47[deg]41.3' N, 
122[deg]15.8' W [Datum: NAD 1983]. The security zone around the NOAA 
Sandpoint facility will be enforced from 11 a.m. on July 17, 2004, 
until 2 a.m. on July 18, 2004.
    (5) Gates Residence Security Zone: All waters of Lake Washington, 
Washington State, south of the Highway 520 floating bridge, which are 
enclosed by following points: 47[deg]37'758'' N, 122[deg]14'554'' W; 
47[deg]37'758'' N, 122[deg]14'680'' W; 47[deg]37'572'' N, 
122[deg]14'610'' W; 47[deg]37'575'' N, 122[deg]14'679'' W [Datum: NAD 
1983]. The Gates residence security zone will be enforced from 11 a.m. 
on July 17, 2004, until 2 a.m. on July 18, 2004.
    (b) Regulations. In accordance with the general regulations in 33 
CFR part 165, subpart D, this section applies to any person or vessel 
in the navigable waters of the United States. No person or vessel may 
enter or remain in the above security zone, unless authorized by the 
Captain of the Port or his designated representatives. Vessels and 
persons granted authorization to enter the security zone shall obey all 
lawful orders or directions of the Captain of the Port or his 
designated representative.
    (c) Effective period. This section is effective from 11 a.m. on 
July 17, 2004, until 2 a.m. on July 19, 2004, unless sooner cancelled 
by the Captain of the Port.

    Dated: July 8, 2004.
D. Ellis,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 04-15959 Filed 7-9-04; 2:46 pm]

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