[Federal Register Volume 78, Number 37 (Monday, February 25, 2013)]
[Rules and Regulations]
[Pages 12598-12600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04218]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0903]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The U.S. Coast Guard is amending the Seafair Blue Angels Air 
Show Performance 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 unless authorized 
by the Captain of the Port (COTP), Puget Sound or a Designated 
Representative.

DATES: This rule is effective March 27, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-0903]. 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 ENS Nathaniel P. Clinger; Waterways Management Division, 
Coast Guard Sector Puget Sound; Coast Guard; telephone 206-217-6045, 
email [email protected]. If you have questions on viewing or

[[Page 12599]]

submitting material to the docket, call Barbara Hairston, 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

    On July 30, 2012, a Temporary Final Rule (TFR), Safety Zone; 
Seafair Blue Angels Air Show Performance, Seattle, WA, was published. 
The TFR increased the size of the preexisting safety zone. On October 
15, 2012, an NPRM, Safety Zone, Seafair Blue Angels Air Show 
Performance, Seattle, WA, was published. The Coast Guard received 2 
comments pertaining to the NPRM, submitted via regulations.gov, and 
received 0 requests for public meeting. The comments received were in 
favor of the rule outlined in the NPRM and therefore no changes were 
made to the rule.

B. Basis and Purpose

    The Coast Guard is amending this safety zone to ensure the safety 
of the maritime public and participants during the Seattle Blue Angels 
Air Show. The size of the safety zone in 33 CFR 165.1319 has been 
determined to be inadequate to accommodate the anticipated flight 
pattern of the Blue Angels. This rule extends the northern boundary 
line of the existing regulation northward by 500 yards, and updates 
coordinates to provide a zone of adequate size.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard received 2 comments with regard to the preceding 
NPRM of this Final Rule. Both comments supported the decision to 
increase the safety zone size of the rule to ensure adequate safety of 
the maritime public and participants during the Air Show. As a result 
no changes were made to the rule.
    As described in 69 FR 35249-01, the Coast Guard established a final 
rule for the annual Blue Angels Air Show Performance. The purpose of 
this rule is 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 ``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]''
    However, the participating aircraft have a flight pattern that will 
extend past the northern boundary of the regulation in 33 CFR 156.1319. 
As such, an extension is necessary in order to protect the maritime 
public and participants.
    This rule amends the Seafair Blue Angels Air Show Performance 
Safety Zone, extending the northern boundary starting at point 
47[deg]36'17.28'' N, 122[deg]16'49.44'' W; thence west to point 
47[deg]36'17.28'' N, 122[deg]16'58.56'' W; thence south along the 
shoreline to point 47[deg]35'25.44'' N, 122[deg]17'9.48'' W; thence 
east along the I-90 bridge to point 47[deg]35'23.16'' N, 
122[deg]15'17.1'' W; thence north east along the shoreline to point 
47[deg]35'45.3'' N, 122[deg]14'49.44'' W; thence north back to the 
point of origin.

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. The Coast Guard bases 
this finding on the fact that the safety zone will be in place for a 
limited period of time and vessel traffic will be able to transit 
around the safety zone. Maritime traffic may also request permission to 
transit through the zone from the (COTP), Puget Sound or a Designated 
Representative.

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 received 0 comments from the Small Business 
Administration on this rule. 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 would affect the 
following entities, some of which may be small entities: the owners and 
operators of vessels intending to operate in the waters covered by the 
safety zone while it is in effect. The rule would not have a 
significant economic impact on a substantial number of small entities 
because the safety zone would be in place for limited periods of time 
and maritime traffic would still be able to transit around the safety 
zone. Maritime traffic may also request permission to transit through 
the zone from the COTP, Puget Sound or a Designated Representative.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. 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 12600]]

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 
INTFORMATION 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 amendment 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 is 
amending 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, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1


0
2. Amend Sec.  165.1319 to revise paragraph (b) to read as follows:


Sec.  165.1319  Safety Zone Regulations; Seafair Blue Angels Air Show 
Performance, Seattle, WA.

* * * * *
    (b) Location. The following is a safety zone: All waters of Lake 
Washington encompassed by the following points: 47[deg]36'17.28'' N, 
122[deg]14'49.44'' W; thence west to point 47[deg]36'17.28'' N, 
122[deg]16'58.56'' W; thence south along the shoreline to Andrews Bay 
at point 47[deg]33'04.62'' N, 122[deg]15'32.46'' W; thence northeast 
along the shoreline of Bailey Peninsula to its northeast point at 
47[deg]33'44.98'' N, 122[deg]15'03.48'' W; thence easterly to point 
47[deg]33'43.98'' N, 122[deg]13'51.36'' W on Mercer Island; thence 
northerly along the shore of Mercer Island to point 47[deg]35'45.12'' 
N, 122[deg]14'49.44'' W; thence north back to the point of origin.
* * * * *

    Dated: February 9, 2013.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2013-04218 Filed 2-22-13; 8:45 am]
BILLING CODE 9110-04-P