[Federal Register: February 10, 2004 (Volume 69, Number 27)]
[Proposed Rules]
[Page 6219-6221]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10fe04-34]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish 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: Comments and related material must reach the Coast Guard on or
before May 10, 2004.
ADDRESSES: You may mail comments and related material to Commanding
Officer, Marine Safety Office Puget Sound, 1519 Alaskan Way South,
Seattle, Washington 98134. Marine Safety Office Puget Sound maintains
the public docket for this rulemaking. Comments and material received
from the public, as well as documents indicated in this preamble as
being available in the docket, will become part of this docket and will
be available for inspection or copying at Marine Safety Office Puget
Sound between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: LT J. Argudo, c/o Captain of the Port
Puget Sound, 1519 Alaskan Way South, Seattle, WA 98134, (206) 217-6232.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD13-04-
002), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Marine Safety Office Puget Sound at
the address under ADDRESSES explaining why one would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
Background and Purpose
The Coast Guard has issued temporary final rules establishing
safety zones in the past 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). The proposed rule complements the existing regulations
contained in 33 CFR 100.1301, which are intended to ensure public
safety during Seafair.
Discussion of Proposed Rule
The Coast Guard proposes establishing a permanent safety zone on
the waters of Lake Washington, Seattle, Washington, for the Seafair
Blue Angels Performance. The Coast Guard, in consultation with the U.S.
Navy and Federal Aviation Administration has determined it is necessary
to close the area in the vicinity of the air show in order to minimize
the dangers that low-flying aircraft present to persons and vessels.
These dangers include, but are not limited to excessive noise and the
risk of falling objects from any accidents associated with low flying
aircraft. In the event that an aircraft(s) requires emergency
assistance, rescuers must have immediate and unencumbered access to the
aircraft. The Coast Guard, through this action, intends to promote the
safety of personnel, vessels, and facilities in the area of the Blue
Angels air show. Entry into this zone will be prohibited unless
authorized by the Captain of the Port or his representative. Coast
Guard personnel will enforce this safety zone.
Regulatory Evaluation
This proposed 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 proposed 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 proposed 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 proposed 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.
[[Page 6220]]
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would 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
proposal 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 (Public Law 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would 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 proposed rule would call 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 proposed 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 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 proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed 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 proposed 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 proposed 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.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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. 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. 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. Pacific Daylight Time each day during the event. The
event will be one week or less in duration. The specific event 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 4735'44'' N,
12214'47'' W; thence to 4735'48'' N,
12215'45'' W; thence to 4736'02.1''N,
12215'50.2'' W; thence to 4735'56.6'' N,
12216'29.2'' W;
[[Page 6221]]
thence to 4735'42'' N, 12216'24'' 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
4733'06'' N, 12215'32'' W; thence
northeast along the shoreline of Bailey Peninsula to its northeast
point at 4733'44'' N, 12215'04'' 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: January 16, 2004.
Danny Ellis,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 04-2748 Filed 2-9-04; 8:45 am]
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