[Federal Register: July 11, 2002 (Volume 67, Number 133)]
[Rules and Regulations]               
[Page 45905-45907]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jy02-10]                         

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD13-02-008]
RIN 2115-AA97

 
Safety Zone; 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 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 August 1, 2002 until 3 
p.m. on August 4, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD13-02-008 and 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 Alisa Praskovich, c/o Captain of 
the Port Puget Sound, at (206) 217-6231.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM) 
has not been published for this rule and good cause exists for making 
it effective without publication of an NPRM in the Federal Register. 
The air show 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. Temporary rules of similar size and 
duration have been in place for the past several years and have not 
generated significant controversy.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone 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

[[Page 45906]]

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, 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 Transportation 
(DOT)(44 FR 11040, February 26, 1979). We expect the economic impact of 
this 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 regulation would encompass an area near the 
middle of Lake Washington, not frequented by commercial navigation. The 
rule 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 rule 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 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 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, Federalism, 
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.lC, this 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 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.


[[Page 45907]]



    For the reasons set out in the preamble, the Coast Guard amends 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. 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 1 until 3 p.m. on August 4, 2002, a 
temporary Sec. 165.T13-005 is added to read as follows:


Sec. 165.T13-005  Safety Zone; Seafair Blue Angels Performance, 
Seattle, WA.

    (a) Location. The following is a safety zone: All waters of Lake 
Washington, Washington State, enclosed by the following points: 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 period. This section will be enforced from 8:30 
a.m. until 3 p.m. (PDT) on August 1, 2, 3 and 4, 2002.

    Dated: June 12, 2002.
M.R. Moore,
Captain, Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 02-17473 Filed 7-10-02; 8:45 am]
BILLING CODE 4910-15-U