[Federal Register Volume 69, Number 121 (Thursday, June 24, 2004)]
[Rules and Regulations]
[Pages 35249-35250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14374]



[[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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