[Federal Register: June 24, 2004 (Volume 69, Number 121)]
[Rules and Regulations]
[Page 35249-35250]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24jn04-10]
[[Page 35249]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD13-04-002]
RIN 1625-AA00
Safety Zone Regulations; Seafair Blue Angels Air Show
Performance, Lake Washington, WA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing regulations for a safety zone
on the waters of Lake Washington, Seattle, Washington. The Coast Guard
is taking this action to safeguard participants and spectators from the
safety hazards associated with the Seafair Blue Angels Air Show
Performance. Entry into this zone is prohibited unless authorized by
the Captain of the Port, Puget Sound or his designated representatives.
DATES: This rule is effective July 26, 2004.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD13-04-002 and are available for inspection or
copying at Commanding Officer, Marine Safety Office Puget Sound, 1519
Alaskan Way South, Seattle, Washington 98134 between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LTjg T. Thayer, c/o Captain of the
Port Puget Sound, 1519 Alaskan Way South, Seattle, WA 98134, (206) 217-
6232.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On February 10, 2004, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone Regulations; Seafair Blue Angels Air Show
Performance, Lake Washington, WA in the Federal Register (69 FR 6219).
No comments were received by the Coast Guard regarding this proposed
rule. A public hearing was not requested and none was held.
Background and Purpose
The Coast Guard has, in the past, issued temporary final rules
establishing safety zones for the Blue Angels Seafair Air Show
Performance (see, e.g., 68 FR 44888, July 31, 2003, [CGD13-03-023], 33
CFR 165T.13-014). The Blue Angels air show has become a permanent part
of the Seafair events and takes place during the Seafair unlimited
hydroplane races. The air show poses several dangers to the public
including excessive noise and objects falling from any accidents by low
flying aircraft. Permanent regulations already exist which restrict
general navigation during the Seafair unlimited hydroplane races (33
CFR 100.1301). This Final rule complements the existing regulations
contained in 33 CFR 100.1301, which are intended to ensure public
safety during Seafair.
Discussion of Comments and Changes
No comments were received by the Coast Guard as a result of the
request for comments in our NPRM.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary.
This expectation is based on the fact that the regulated area
established by the regulation would encompass an area near the middle
of Lake Washington, not frequented by commercial navigation. The safety
zone is also of limited time and duration. The regulation is
established for the benefit and safety of the recreational boating
public, and any negative recreational boating impact is offset by the
benefits of allowing the Blue Angels to fly. For the above reasons, the
Coast Guard does not anticipate any significant economic impact.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
transit this portion of Lake Washington during the time this regulation
is in effect. The zone will not have a significant economic impact due
to its short duration and small area. The only vessels likely to be
impacted will be recreational boaters and small passenger vessel
operators. The event is held for the benefit and entertainment of those
above categories. Because the impacts of this rule are expected to be
so minimal, the Coast Guard certifies under 605(b) of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) that this final rule will not
have a significant economic impact on a substantial number of small
entities.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. If the rule will
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please contact the person listed in the (FOR FURTHER
INFORMATION CONTACT) section.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires
[[Page 35250]]
Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it would not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation. The environmental analysis and Categorical
Exclusion Determination are available in the docket for inspection and
copying where indicated under ADDRESSES. All standard environmental
measures remain in effect.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
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.
0
2. Add Sec. 165.1319 to read as follows:
Sec. 165.1319 Safety Zone Regulations, Seafair Blue Angels Air Show
Performance, Seattle, WA.
(a) Enforcement period. This section will be enforced annually
during the last week in July and the first two weeks of August from 8
a.m. until 4 p.m., each day during the event. The event will be one
week or less in duration. The specific dates during this time frame
will be published in the Federal Register.
(b) Location. The following is a safety zone: All waters of Lake
Washington, Washington State, enclosed by the following points: Near
the termination of Roanoke Way 47[deg]35'44'' N, 122[deg]14'47'' W;
thence to 47[deg]35'48'' N, 122[deg]15'45'' W; thence to
47[deg]36'02.1'' N, 122[deg]15'50.2'' W; thence to 47[deg]35'56.6'' N,
122[deg]16'29.2'' W; thence to 47[deg]35'42'' N, 122[deg]16'24'' W;
thence to the east side of the entrance to the west highrise of the
Interstate 90 bridge; thence westerly along the south side of the
bridge to the shoreline on the western terminus of the bridge; thence
southerly along the shoreline to Andrews Bay at 47[deg]33'06'' N,
122[deg]15'32'' W; thence northeast along the shoreline of Bailey
Peninsula to its northeast point at 47[deg]33'44'' N, 122[deg]15'04''
W; thence easterly along the east-west line drawn tangent to Bailey
Peninsula; thence northerly along the shore of Mercer Island to the
point of origin. [Datum: NAD 1983]
(c) Regulations. In accordance with the general regulations in 33
CFR Part 165, Subpart C, no person or vessel may enter or remain in the
zone except for support vessels and support personnel, vessels
registered with the event organizer, or other vessels authorized by the
Captain of the Port or his designated representatives. Vessels and
persons granted authorization to enter the safety zone shall obey all
lawful orders or directions of the Captain of the Port or his
designated representatives.
Dated: June 10, 2004.
Danny Ellis,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 04-14374 Filed 6-23-04; 8:45 am]
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