[Federal Register Volume 69, Number 27 (Tuesday, February 10, 2004)]
[Proposed Rules]
[Pages 6219-6221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2748]


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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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish 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: Comments and related material must reach the Coast Guard on or 
before May 10, 2004.

ADDRESSES: You may mail comments and related material to Commanding 
Officer, Marine Safety Office Puget Sound, 1519 Alaskan Way South, 
Seattle, Washington 98134. Marine Safety Office Puget Sound maintains 
the public docket for this rulemaking. Comments and material received 
from the public, as well as documents indicated in this preamble as 
being available in the docket, will become part of this docket and will 
be available for inspection or copying at Marine Safety Office Puget 
Sound between 8 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: LT J. Argudo, c/o Captain of the Port 
Puget Sound, 1519 Alaskan Way South, Seattle, WA 98134, (206) 217-6232.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD13-04-
002), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Marine Safety Office Puget Sound at 
the address under ADDRESSES explaining why one would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

Background and Purpose

    The Coast Guard has issued temporary final rules establishing 
safety zones in the past 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). The proposed rule complements the existing regulations 
contained in 33 CFR 100.1301, which are intended to ensure public 
safety during Seafair.

Discussion of Proposed Rule

    The Coast Guard proposes establishing a permanent safety zone on 
the waters of Lake Washington, Seattle, Washington, for the Seafair 
Blue Angels Performance. The Coast Guard, in consultation with the U.S. 
Navy and Federal Aviation Administration 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 an aircraft(s) requires emergency 
assistance, rescuers must have immediate and unencumbered access to the 
aircraft. The Coast Guard, through this action, intends to promote the 
safety of personnel, vessels, and facilities in the area of the Blue 
Angels air show. Entry into this zone will be prohibited unless 
authorized by the Captain of the Port or his representative. Coast 
Guard personnel will enforce this safety zone.

Regulatory Evaluation

    This proposed 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 proposed 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 proposed 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 proposed 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.

[[Page 6220]]

    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule would 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 
proposal 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 (Public Law 104-121), we want to assist small 
entities in understanding this proposed 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 proposed rule would call 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 proposed 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 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 proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed 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 proposed 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 proposed 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.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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

    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. Pacific Daylight Time each day during the event. The 
event will be one week or less in duration. The specific event 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<ls-thn-eq>35'44'' N, 
122<deg<ls-thn-eq>14'47'' W; thence to 47<deg<ls-thn-eq>35'48'' N, 
122<deg<ls-thn-eq>15'45'' W; thence to 47<deg<ls-thn-eq>36'02.1''N, 
122<deg<ls-thn-eq>15'50.2'' W; thence to 47<deg<ls-thn-eq>35'56.6'' N, 
122<deg<ls-thn-eq>16'29.2'' W;

[[Page 6221]]

thence to 47<deg<ls-thn-eq>35'42'' N, 122<deg<ls-thn-eq>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<ls-thn-eq>33'06'' N, 122<deg<ls-thn-eq>15'32'' W; thence 
northeast along the shoreline of Bailey Peninsula to its northeast 
point at 47<deg<ls-thn-eq>33'44'' N, 122<deg<ls-thn-eq>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: January 16, 2004.
Danny Ellis,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 04-2748 Filed 2-9-04; 8:45 am]
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