[Federal Register Volume 68, Number 147 (Thursday, July 31, 2003)]
[Rules and Regulations]
[Pages 44888-44890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19525]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD13-03-023]
RIN 1625-AA00


Safety Zone Regulations, Seafair Blue Angels Performance, Lake 
Washington, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of Lake Washington, Seattle, Washington. The Coast Guard is 
taking this action to safeguard the participants and spectators from 
the safety hazards associated with the Seafair Blue Angels 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 from 8:30 a.m. on July 31, 2003 through 4 
p.m. on August 3, 2003.

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: LT Jeff Morgan, c/o Captain of the 
Port Puget Sound, at (206) 217-6231.

SUPPLEMENTARY INFORMATION: 

Background and Purpose

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. (b)(B) the Coast Guard finds that good cause 
exists for not publishing an NPRM. The airshow poses several dangers to 
the public including excessive noise and objects falling from any 
accidents. Accordingly, prompt regulatory action is needed in order to 
provide for the safety of spectators and participants during the event. 
If normal notice and comment procedures were followed, this rule would 
not become effective until after the date of the event.
    For the same reasons, under 5 U.S.C. (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.

[[Page 44889]]

Discussion of Rule

    The Coast Guard is adopting a temporary safety zone regulation on 
the waters of Lake Washington, Seattle, Washington, for the Seafair 
Blue Angels Performance. The Coast Guard 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 aircraft require emergency assistance, 
rescuers must have immediate and unencumbered access to the craft. The 
Coast Guard, through this action, intends to promote the safety of 
personnel, vessels, and facilities in the area. Entry into this zone 
will be prohibited unless authorized by the Captain of the Port or his 
representative. This safety zone will be enforced by Coast Guard 
personnel. The Captain of the Port may be assisted by other federal, 
state, or local agencies.

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. 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 
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), the Coast 
Guard considered whether this rule would have a significant economic 
impact on a substantial number of small entities. ``Small entities'' 
include 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. 
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. 601-612) that this temporary 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 
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 rule would call for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This rule would not impose an unfunded mandate.

Taking of Private Property

    This 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 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 concern an 
environmental risk to health or risk to safety that may 
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 does 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. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We considered the environmental impact of this rule and concluded 
that, under figure 2-1, paragraph (34)(g) of Commandant Instruction 
M16475.lD, this rule is categorically excluded from

[[Page 44890]]

further environmental documentation. A Categorical Exclusion is 
provided for temporary safety zones of less than one week in duration. 
This rule establishes a temporary safety zone of limited duration that 
will be within the one-week timeframe.

List of Subjects in 33 CFR Part 165

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


0
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--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. From 8:30 a.m. on July 31, 2003 through 4 p.m. on August 3, 2003, a 
temporary Sec.  165.T13-014 is added to read as follows:


Sec.  165.T13-014  Safety Zone Regulations, Seafair Blue Angels 
Performance, Seattle, WA.

    (a) Location. The following area is a safety zone: All waters of 
Lake Washington, Washington State, enclosed by the following points: 
Starting at the northwest corner of Faben Point at 47[deg]35'34.5'' N, 
122[deg]15'13'' 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 easterly along the south 
side of the bridge to a point 1130 yards east of the western terminus 
of the bridge; thence southerly to a point in 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]
    (b) Regulations. In accordance with the general regulations in 
Sec.  165.23 of this part, no person or vessel may enter or remain in 
the 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.
    (c) Enforcement periods. This section will be enforced from 8:30 
a.m. until 4 p.m., Pacific Daylight Time, on July 31 and August 1, 2, 
3, 2003.

    Dated: July 18, 2003.
D. Ellis,
Captain, Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 03-19525 Filed 7-30-03; 8:45 am]
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