[Federal Register: July 31, 2003 (Volume 68, Number 147)]
[Rules and Regulations]
[Page 44888-44890]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31jy03-14]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD13-03-023]
RIN 1625-AA00
Safety Zone Regulations, Seafair Blue Angels Performance, Lake
Washington, 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 Lake Washington, Seattle, Washington. The Coast Guard is
taking this action to safeguard the participants and spectators from
the safety hazards associated with the 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 rule is effective from 8:30 a.m. on July 31, 2003 through 4
p.m. on August 3, 2003.
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 8 a.m. and 4 p.m., Monday
through Friday, except federal holidays.
FOR FURTHER INFORMATION CONTACT: LT Jeff Morgan, c/o Captain of the
Port Puget Sound, at (206) 217-6231.
SUPPLEMENTARY INFORMATION:
Background and Purpose
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. (b)(B) the Coast Guard finds that good cause
exists for not publishing an NPRM. The airshow 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.
For the same reasons, under 5 U.S.C. (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.
[[Page 44889]]
Discussion of 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 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 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 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 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 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), the Coast
Guard considered whether this rule would have a significant economic
impact on a substantial number of small entities. ``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 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 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.
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 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 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 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)
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 rule would not impose an unfunded mandate.
Taking of Private Property
This 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 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.
Environment
We considered the environmental impact of this rule and concluded
that, under figure 2-1, paragraph (34)(g) of Commandant Instruction
M16475.lD, this rule is categorically excluded from
[[Page 44890]]
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 that
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.
0
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--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 8:30 a.m. on July 31, 2003 through 4 p.m. on August 3, 2003, a
temporary Sec. 165.T13-014 is added to read as follows:
Sec. 165.T13-014 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:
Starting at the northwest 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]36'02.1'' 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 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 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]
(b) Regulations. In accordance with the general regulations in
Sec. 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) Enforcement periods. This section will be enforced from 8:30
a.m. until 4 p.m., Pacific Daylight Time, on July 31 and August 1, 2,
3, 2003.
Dated: July 18, 2003.
D. Ellis,
Captain, Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 03-19525 Filed 7-30-03; 8:45 am]
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