[Federal Register Volume 65, Number 130 (Thursday, July 6, 2000)]
[Rules and Regulations]
[Pages 41590-41591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17042]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD13-00-022]
RIN 2115-AA97


Safety Zone Regulations, Seafair Blue Angels Performance, Lake 
Washington, WA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of Lake Washington, Seattle, Washington. The Coast Guard is 
taking this action to safeguard the participants and spectators from 
the safety hazards associated with Seafair Blue Angels Performance. 
Entry into this zone is prohibited unless authorized by the Captain of 
the Port, Puget Sound or his designated representatives.

DATES: This is effective from 8:30 a.m. Pacific Daylight Time on August 
3 through 3 p.m. on August 6, 2000.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at the U.S. Coast Guard Marine Safety Office 
Puget Sound, 1519 Alaskan Way South, Building 1, Seattle, Washington 
98134. Normal office hours are between 7 a.m. and 5 p.m., Monday 
through Friday, except federal holidays.

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

SUPPLEMENTARY INFORMATION:

Background and Purpose

    Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking has not 
been published for this regulation and good cause exists for making it 
effective less than 30 days from date of publication in the Federal 
Register. Due to complex planning and coordination requirements, the 
Coast Guard was not able to obtain details of the event thirty days 
prior to its occurrence. Because of this, following normal rulemaking 
procedures would be impracticable and contrary to the public interest. 
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. For this reason, following normal 
rulemaking procedures in this case would be impracticable and contrary 
to the public interest.

Discussion of Proposed Rule

    The Coast Guard is adopting a temporary safety zone regulation on 
the waters of Lake Washington, Seattle, Washington, for the Seafair 
Blue Angels Performance. 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. 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 proposed 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 Transportation (DOT)(44 FR 11040, 
February 26, 1979). We expect the economic impact of this proposed rule 
to be so minimal that a full Regulatory Evaluation under paragraph 
10(e) of the regulatory policies and procedures of DOT 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 
regulation is established for the benefit and safety of the 
recreational boating public, and any 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 et seq.), the 
Coast Guard considered whether this rule would have a significant 
economic impact on a substantial number of small entities.

[[Page 41591]]

``Small entities'' include 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 Lake Washington from 
8:30 a.m. until 3 p.m., Pacific Daylight Time, August 3rd, 4th, 5th and 
6th, 2000. The zone will not have a significant economic impact due to 
its short duration and small area. It is believed that 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 (Pub. L. 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

    We have analyzed this proposed rule under E.O. 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) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under E.O. 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 E.O. 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under E.O. 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.

Environment

    We considered the environmental impact of this proposed rule and 
concluded that, under figure 2-1, paragraph (34)(g) of Commandant 
Instruction M16475.lC, this proposed rule is categorically excluded 
from further environmental documentation. A Categorical Exclusion is 
provided for temporary safety zones of less than one week in duration. 
This rule establishes a temporary safety zone of limited duration which 
will be within the one-week timeframe.

List of Subjects in 33 CFR Part 165

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

Final Rule

    For the reasons set out in the preamble, the Coast Guard amends 
part 165 of Title 33, Code of Federal Regulations, as follows:

PART 165--[AMENDED]

    1. The authority citation for Part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 
6.04-1, 6.04-6 and 160.5; 49 CFR 1.46.


    2. From 8:30 a.m. on August 3 through 3 p.m. on August 6, 2000, a 
temporary Sec. 165.T13-020 is added to read as follows:


Sec. 165.T13-020  Safety Zone Regulations, Seafair Blue Angels 
Performance, Seattle, WA.

    (a) Location. The following area is a safety zone: All waters of 
Lake Washington, Washington State, enclosed by the following points: 
All waters of Lake Washington, Washington State, enclosed by the 
following points: The North-West corner of Faben Point at 
47 deg.35"34.5" N, 122 deg.15"13" W; thence to 47 deg.35"48" N, 
122 deg.15"45" W; thence to 47 deg.36"32" N, 122 deg.15"59" W; thence 
to 47 deg.36"26" N, 122 deg.16" 38" 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 Easterly along the South 
side of the bridge to a point 1130 yards East of the Western terminus 
of the bridge, thence Southerly to a point in Andrews bay at 
47 deg.33"06" N, 122 deg.15"32" W, thence North-East along the 
shoreline of Bailey Peninsula to its North-East 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 shoreline of 
Mercer Island 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 race course portion of this 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. Vessels entering the spectator portion 
of the Safety Zone must proceed at a slow no-wake speed and, upon 
notice, shall obey the lawful order or direction of the Captain of the 
Port or his designated representatives.
    (c) Applicable dates. This section applies from 8:30 a.m. until 3 
p.m., Pacific Daylight Time, on August 3, 4, 5 and 6, 2000.

    Dated: June 28, 2000.
M.R. Moore,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 00-17042 Filed 6-30-00; 4:24 pm]
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