[Federal Register Volume 77, Number 146 (Monday, July 30, 2012)]
[Rules and Regulations]
[Pages 44470-44472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18450]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0699]
RIN 1625-AA00


Safety Zone; Seafair Blue Angels Air Show Performance, Seattle, 
WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone on the waters of 
Lake Washington, Seattle, WA. This action is necessary to safeguard 
participants and spectators from the safety hazards associated with the 
Seafair Blue Angels Air Show Performance which include low flying high 
speed aircraft and will do so by prohibiting entry into the safety zone 
is unless authorized by the Captain of the Port, Puget Sound or his 
Designated Representative.

DATES: This rule is effective from 9:00 a.m. on August 2, 2012 through 
4:00 p.m. on August 5, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2012-0699. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Ensign Nathaniel P. Clinger, Coast Guard Sector Puget 
Sound Waterways Management Division, telephone 206-217-6045, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is establishing this rule because the current 
regulation associated with the Seafair Blue Angels Air Show performance 
(33 CFR 165.1319) is not large enough to safeguard participants and 
spectators from the safety hazards of this air performance.
    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.''

[[Page 44471]]

    Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause 
exists for not publishing a notice of proposed rulemaking (NPRM) with 
respect to this rule because publishing an NPRM would be impracticable 
since the event would be over before notice could be given and comments 
taken. Notice and comment would also be contrary to the public interest 
because the public expects to be provided a safe area to observe the 
Seafair Blue Angels air show. Absent this temporary final rule, the 
zone provided in 33 CFR 165.1319 will be too small to encompass the 
anticipated safe flight pattern of the demonstrating aircraft, and 
would expose spectators to hazards associated with low-flying aircraft 
over water.
    Under 5 U.S.C. 553(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, because to do so would be contrary 
to the public interest since the event would be over before notice 
could be given and comments taken, and it is immediately necessary to 
protect the event's spectators from the hazards associated with the 
Seafair Blue Angels Air Show Performance.

B. Basis and Purpose

    The legal basis for this rule is 33 U.S.C.1231; 46 U.S.C. Chapter 
701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 
160.5; Public Law 107-295, 116 Stat. 2064; Department of Homeland 
Security Delegation No. 0170.1. which collectively authorize the Coast 
Guard to define regulatory safety zones.
    The Coast Guard is establishing this safety zone to ensure the 
safety of the maritime public during the Seattle Blue Angels Air Show. 
The safety zone in 33 CFR 165.1319 has been determined to be too small 
to accommodate the anticipated flight pattern of the Blue Angels. This 
temporary final rule extends the northern boundary line of the existing 
regulation northward by 500 yards. The remainder of the safety zone 
contained at 33 CFR 165.1319 remains unchanged.

C. Discussion of the Final Rule

    As described in 69 FR 35249, the Coast Guard established a final 
rule for the Blue Angels Air Show Performance. This rule was meant to 
protect the public from dangers including excessive noise and falling 
objects from any potential accidents caused by these low-flying 
military aircraft. The regulation contained in 33 CFR 165.1319 
encompasses ``[a]ll 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]''
    However, the aircraft in question have a flight pattern that will 
extend past the northern boundary of the regulation in 33 CFR 165.1319. 
As such, an extension is necessary in order to protect the spectating 
public.
    This rule encompasses the northern portion of the Seafair Blue 
Angels Air Show Performance Safety Zone, starting at point 
47[deg]36'17.28'' N, 122[deg]16'58.56'' W, thence east to point 
47[deg]36'17.28'' N, 122[deg]14'49.44'' W, thence south to point 
47[deg]35'45.3'' N, 122[deg]14'49.44'' W, thence south west along the 
shore line to the I-90 bridge at point, 47[deg]35'23.16'' N, 
122[deg]15'17.1'' W, thence west along the I-90 bridge to point, 
47[deg]35'25.44'' N, 122[deg]17'9.48'' W, and north along the shoreline 
back to the point of origin. This rule is effective from 9:00 a.m. on 
August 2, 2012 through 4:00 p.m. on August 5, 2012.
    During the periods the safety zone is in effect no person or vessel 
may enter into, transit, or remain in the safety zone without the 
permission of the Captain of the Port or his Designated Representative.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. This expectation is 
based on the fact that the regulated area established by the regulation 
is not frequented by commercial navigation, and it is small in size, 
and short in duration.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 because it is limited in size and short in duration. 
The only vessels likely to be impacted will be recreational boaters and 
small passenger vessel operators.

3. 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 rule. 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, 
above.
    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). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

[[Page 44472]]

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 (adjusted for 
inflation) 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. 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.

10. 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 may 
disproportionately affect children.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves the establishment of a safety zone. 
This rule is categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of the Commandant Instruction. An environmental 
analysis checklist supporting this determination and a Categorical 
Exclusion Determination are available in the docket where indicated 
under ADDRESSES. We seek any comments or information that may lead to 
the discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 165

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

    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. 1231; 46 U.S.C. Chapters 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 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.T13-226 to read as follows:


Sec.  165.T13-226  Safety Zone; Seafair Blue Angels Air Show 
Performance, Seattle, WA.

    (a) Location. The following area is designated as a safety zone: 
Lake Washington, Seattle, WA. All waters of Lake Washington encompassed 
by the following points: 47[deg]36'17.28'' N, 122[deg]16'58.56'' W, 
thence east to point 47[deg]36'17.28'' N, 122[deg]14'49.44'' W, thence 
south to point 47[deg]35'45.3'' N, 122[deg]14'49.44'' W, thence south 
west along the shore line to the I-90 bridge at point, 
47[deg]35'23.16'' N, 122[deg]15'17.1'' W, thence west along the I-90 
bridge to point, 47[deg]35'25.44'' N, 122[deg]17'9.48'' W, and north 
along the shoreline back to the point of origin.
    (b) Regulations. In accordance with the general regulations in 33 
CFR part 165, subpart C, no person or vessel may enter or remain in the 
safety zone created by this section without the permission of the 
Captain of the Port (COTP) or his Designated Representative. Designated 
Representatives are Coast Guard Personnel authorized by the Captain of 
the Port to grant persons or vessels permission to enter or remain in 
the safety zone created by this section. See 33 CFR part 165, subpart 
C, for additional information and requirements. The COTP may be 
assisted by other federal, state or local agencies with the enforcement 
of this safety zone.
    (c) Effective Period. This rule is effective from 9:00 a.m. on 
August 2, 2012 through 4:00 p.m. on August 5, 2012.

    Dated: July 19, 2012.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2012-18450 Filed 7-27-12; 8:45 am]
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