[Federal Register Volume 70, Number 125 (Thursday, June 30, 2005)]
[Rules and Regulations]
[Pages 37680-37681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12926]



[[Page 37680]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD13-05-024]
RIN 1625-AA00


Safety Zone Regulations, Freedom Fair Air Show Performance, 
Commencement Bay, 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 Commencement Bay, Washington. The Coast Guard is taking this 
action to safeguard the participants and spectators from the safety 
hazards associated with the Freedom Fair Air Show. 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 1 p.m. to 7 p.m. Pacific Daylight 
Time on July 4, 2005.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD13-05-024 and are available for 
inspection or copying at the Waterways Management Division, Coast Guard 
Sector Seattle, 1519 Alaskan Way South, Seattle, WA, 98134, between 8 
a.m. and 3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Jessica Hagen, 
Waterways Management Division, Coast Guard Sector Seattle, at (206) 
217-6958.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM) 
has not been published for this regulation and good cause exists for 
making it effective without publication of an NPRM in the Federal 
Register. The air show 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.

Discussion of Rule

    The Coast Guard is adopting a temporary safety zone regulation on 
the waters of Commencement Bay, Washington, for the Freedom Fair Air 
Show. 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 temporary 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 temporary rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10(e) of the 
regulatory policies and procedures of DHS is unnecessary. This 
expectation is based on the fact that the regulated area established by 
this rule encompasses an area of Commencement Bay 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 
participating aircraft 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.
    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 Commencement Bay during the time this regulation is in 
effect. The zone will not have a significant economic impact on a 
substantial number of small entities 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.

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. Small businesses may send comments 
on the actions of Federal employees who enforce, or otherwise determine 
compliance with Federal regulations to the Small Business and 
Agriculture Regulatory Enforcement Ombudsman and the Regional Small 
Business Regulatory Fairness Boards. The Ombudsman evaluates these 
actions annually and rates each agency's responsiveness to small 
business. If you wish to comment on actions by employees of the Coast 
Guard, call 1-888-REG-FAIR (1-888-734-3247).

Collection of Information

    This temporary 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 temporary 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) 
requires Federal agencies to assess the effects of

[[Page 37681]]

their discretionary regulatory actions. In particular, the Act 
addresses actions that may result in the expenditure by State, local, 
or tribal government, in the aggregate, or the private sector of 
$100,000,000 or more in any one year. Though this rule will not result 
in such expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

Taking of Private Property

    This temporary 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 temporary 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.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D, 
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. This rule establishes safety zones which 
have a duration of no more than two hours each. Due to the temporary 
safety zones being less than one week in duration, an Environmental 
Checklist and Categorical Exclusion is not required.

List of Subjects in 33 CFR part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping 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. From 1 p.m. to 7 p.m. on July 4, 2005, a temporary Sec.  165.T13-007 
is added to read as follows:


Sec.  165.T13-007  Safety Zone: Freedom Fair Air Show, Commencement 
Bay, WA.

    (a) Location. The following is a safety zone: All waters of 
Commencement Bay, Washington State, enclosed by the following points: 
The northwest corner of at 47[deg]17'37.8'' N, 122[deg]28'3.4'' W; 
thence to 47[deg]17'03.5'' N, 122[deg]27'32.3'' W; thence to 
47[deg]16'39.6'' N, 122[deg]27'57.8'' W; thence to 47[deg]17'13.9'' N, 
122[deg]29'08.9'' W; thence northeast back to the point of origin. 
[Datum: NAD 1983]
    (b) Regulations. In accordance with the general regulations in 
Section 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) Applicable dates. This section applies from 1 p.m. until 7 
p.m., Pacific Daylight Time, on July 4, 2005.

    Dated: June 23, 2005.
Stephen P. Metruck,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 05-12926 Filed 6-29-05; 8:45 am]
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