[Federal Register Volume 77, Number 146 (Monday, July 30, 2012)]
[Rules and Regulations]
[Pages 44470-44472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18450]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-0699]
RIN 1625-AA00
Safety Zone; Seafair Blue Angels Air Show Performance, Seattle,
WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a 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
is unless authorized by the Captain of the Port, Puget Sound or his
Designated Representative.
DATES: This rule is effective from 9:00 a.m. on August 2, 2012 through
4:00 p.m. on August 5, 2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2012-0699. 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 Ensign Nathaniel P. Clinger, Coast Guard Sector Puget
Sound Waterways Management Division, telephone 206-217-6045, email
[email protected]. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, 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
The Coast Guard is establishing this rule because the current
regulation associated with the Seafair Blue Angels Air Show performance
(33 CFR 165.1319) is not large enough to safeguard participants and
spectators from the safety hazards of this air performance.
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.''
[[Page 44471]]
Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause
exists for not publishing a notice of proposed rulemaking (NPRM) with
respect to this rule because publishing an NPRM would be impracticable
since the event would be over before notice could be given and comments
taken. Notice and comment would also be contrary to the public interest
because the public expects to be provided a safe area to observe the
Seafair Blue Angels air show. Absent this temporary final rule, the
zone provided in 33 CFR 165.1319 will be too small to encompass the
anticipated safe flight pattern of the demonstrating aircraft, and
would expose spectators to hazards associated with low-flying aircraft
over water.
Under 5 U.S.C. 553(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, because to do so would be contrary
to the public interest since the event would be over before notice
could be given and comments taken, and it is immediately necessary to
protect the event's spectators from the hazards associated with the
Seafair Blue Angels Air Show Performance.
B. Basis and Purpose
The legal basis for this rule is 33 U.S.C.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; Public Law 107-295, 116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1. which collectively authorize the Coast
Guard to define regulatory safety zones.
The Coast Guard is establishing this safety zone to ensure the
safety of the maritime public during the Seattle Blue Angels Air Show.
The safety zone in 33 CFR 165.1319 has been determined to be too small
to accommodate the anticipated flight pattern of the Blue Angels. This
temporary final rule extends the northern boundary line of the existing
regulation northward by 500 yards. The remainder of the safety zone
contained at 33 CFR 165.1319 remains unchanged.
C. Discussion of the Final Rule
As described in 69 FR 35249, the Coast Guard established a final
rule for the Blue Angels Air Show Performance. This rule was meant 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 ``[a]ll 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 aircraft in question have a flight pattern that will
extend past the northern boundary of the regulation in 33 CFR 165.1319.
As such, an extension is necessary in order to protect the spectating
public.
This rule encompasses the northern portion of the Seafair Blue
Angels Air Show Performance Safety Zone, starting at point
47[deg]36'17.28'' N, 122[deg]16'58.56'' W, thence east to point
47[deg]36'17.28'' N, 122[deg]14'49.44'' W, thence south to point
47[deg]35'45.3'' N, 122[deg]14'49.44'' W, thence south west along the
shore line to the I-90 bridge at point, 47[deg]35'23.16'' N,
122[deg]15'17.1'' W, thence west along the I-90 bridge to point,
47[deg]35'25.44'' N, 122[deg]17'9.48'' W, and north along the shoreline
back to the point of origin. This rule is effective from 9:00 a.m. on
August 2, 2012 through 4:00 p.m. on August 5, 2012.
During the periods the safety zone is in effect no person or vessel
may enter into, transit, or remain in the safety zone without the
permission of the Captain of the Port or his Designated Representative.
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. This expectation is
based on the fact that the regulated area established by the regulation
is not frequented by commercial navigation, and it is small in size,
and short in duration.
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 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 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 because it is limited in size and short in duration.
The only vessels likely to be impacted will be recreational boaters and
small passenger vessel operators.
3. 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. 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 44472]]
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
INFORMATION 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 establishment 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 amends
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. 1231; 46 U.S.C. Chapters 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 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. Add Sec. 165.T13-226 to read as follows:
Sec. 165.T13-226 Safety Zone; Seafair Blue Angels Air Show
Performance, Seattle, WA.
(a) Location. The following area is designated as a safety zone:
Lake Washington, Seattle, WA. All waters of Lake Washington encompassed
by the following points: 47[deg]36'17.28'' N, 122[deg]16'58.56'' W,
thence east to point 47[deg]36'17.28'' N, 122[deg]14'49.44'' W, thence
south to point 47[deg]35'45.3'' N, 122[deg]14'49.44'' W, thence south
west along the shore line to the I-90 bridge at point,
47[deg]35'23.16'' N, 122[deg]15'17.1'' W, thence west along the I-90
bridge to point, 47[deg]35'25.44'' N, 122[deg]17'9.48'' W, and north
along the shoreline back to the point of origin.
(b) Regulations. In accordance with the general regulations in 33
CFR part 165, subpart C, no person or vessel may enter or remain in the
safety zone created by this section without the permission of the
Captain of the Port (COTP) or his Designated Representative. Designated
Representatives are Coast Guard Personnel authorized by the Captain of
the Port to grant persons or vessels permission to enter or remain in
the safety zone created by this section. See 33 CFR part 165, subpart
C, for additional information and requirements. The COTP may be
assisted by other federal, state or local agencies with the enforcement
of this safety zone.
(c) Effective Period. This rule is effective from 9:00 a.m. on
August 2, 2012 through 4:00 p.m. on August 5, 2012.
Dated: July 19, 2012.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2012-18450 Filed 7-27-12; 8:45 am]
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