Safety Zone, Seafair Blue Angels Air Show Performance, Seattle, WA, 62473-62476 [2012-25237]
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Federal Register / Vol. 77, No. 199 / Monday, October 15, 2012 / Proposed Rules
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APPENDIX A TO PART 300—GAINING
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Dated: September 24, 2012.
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[FR Doc. 2012–24425 Filed 10–12–12; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–0212–0903]
RIN 1625–AA00
Safety Zone, Seafair Blue Angels Air
Show Performance, Seattle, WA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The U.S. Coast Guard is
proposing to amend the Seafair Blue
Angels Air Show Performance 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
unless authorized by the Captain of the
Port (COTP), Puget Sound or a
Designated Representative.
DATES: Comments and related material
must be received by the Coast Guard on
or before December 14, 2012.
ADDRESSES: You may submit comments
identified by docket number using any
one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUMMARY:
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Federal Register / Vol. 77, No. 199 / Monday, October 15, 2012 / Proposed Rules
SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email ENS Nathaniel P. Clinger;
Waterways Management Division, Coast
Guard Sector Puget Sound; Coast Guard;
telephone 206–217–6045, email
SectorPugetSoundWWM@uscg.mil. 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
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A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://www.
regulations.gov and will include any
personal information you have
provided.
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking, indicate the specific section
of this document to which each
comment applies, and provide a reason
for each suggestion or recommendation.
You may submit your comments and
material online at https://www.
regulations.gov, or by fax, mail, or hand
delivery, but please use only one of
these means. If you submit a comment
online, it will be considered received by
the Coast Guard when you successfully
transmit the comment. If you fax, hand
deliver, or mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an email address,
or a telephone number in the body of
your document so that we can contact
you if we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number USCG–0212–0903 in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on ‘‘Submit a Comment’’ on the
line associated with this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
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11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number USCG–0212–0903 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.
3. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one, using one of the methods
specified under ADDRESSES. Please
explain why you believe a public
meeting 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.
B. Regulatory History and Information
The Coast Guard is amending 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 associated with
the Seafair Blue Angels Air Show
Performance, which include low flying
high speed aircraft.
C. Basis and Purpose
The Coast Guard proposes to amend
this safety zone to ensure the safety of
the maritime public during the Seattle
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Blue Angels Air Show. The size of the
safety zone in 33 CFR 165.1319 has been
determined to be inadequate to
accommodate the anticipated flight
pattern of the Blue Angels, and the
current regulation is not large enough 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. This proposed rule
would extend the northern boundary
line of the existing regulation northward
by 500 yards, and updates coordinates
to provide a zone of adequate size.
D. Discussion of Proposed Rule
As described in the June 24, 2004
final rule (69 FR 35249), the Coast
Guard established a safety zone for the
annual Blue Angels Air Show
Performance. The purpose of this rule
was 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 ‘‘all waters
of Lake Washington, Washington State,
enclosed by the following points: Near
the termination of Roanoke Way
47°35′44″ N, 122°14′47″ W; thence to
47°35′48″ N, 122°15′45″ W; thence to
47°36′02.1″ N, 122°15′50.2″ W; thence to
47°35′56.6″ N, 122°16′29.2″ W; thence to
47°35′42″ N, 122°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°33′06″ N, 122°15′32″
W; thence northeast along the shoreline
of Bailey Peninsula to its northeast
point at 47°33′44″ N, 122°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 participating aircraft
have a flight pattern that will extend
past the northern boundary of the
regulation in 33 CFR 156.1319. As such,
an extension is necessary in order to
protect the spectating public.
This rule amends the Seafair Blue
Angels Air Show Performance Safety
Zone, extending the northern boundary
starting at point 47°36′17.28″ N,
122°16′49.44″ W; thence west to point
47°36′17.28″ N, 122°16′58.56″ W; thence
south along the shoreline to point
47°35′25.44″ N, 122°17′9.48″ W; thence
east along the I–90 bridge to point
47°35′23.16″ N, 122°15′17.1″ W; thence
north east along the shoreline to point
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47°35′45.3″ N, 122°14′49.44″ W; thence
north back to the point of origin.
E. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes or
executive orders.
1. Regulatory Planning and Review
This proposed 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. The Coast Guard bases this
finding on the fact that the safety zone
will be in place for a limited period of
time and vessel traffic will be able to
transit around the safety zone. Maritime
traffic may also request permission to
transit through the zone from the
(COTP), Puget Sound or a Designated
Representative.
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2. Impact on Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
the impact of this proposed rule on
small entities. The Coast Guard certifies
under 5 U.S.C. 605(b) that this proposed
rule will not have a significant
economic impact on a substantial
number of small entities. This rule
would affect the following entities,
some of which may be small entities;
the owners and operators of vessels
intending to operate in the waters
covered by the safety zone while it is in
effect. The rule would not have a
significant economic impact on a
substantial number of small entities
because the safety zone would be in
place for limited periods of time and
maritime traffic would still be able to
transit around the safety zone. Maritime
traffic may also request permission to
transit through the zone from the COTP,
Puget Sound or a Designated
Representative.
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.
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3. 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. 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. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
4. Collection of Information
This proposed 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 proposed 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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
8. Taking of Private Property
This proposed rule would not cause a
taking of private property or otherwise
have taking implications under
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62475
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
9. 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.
10. Protection of Children From
Environmental Health Risks
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.
11. 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.
12. Energy Effects
This proposed rule 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 proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. Environment
We have analyzed this proposed 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 made a preliminary determination
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 proposed
rule involves the amendment of a safety
zone. This rule is categorically excluded
from further review under paragraph
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34(g) of Figure 2–1 of the Commandant
Instruction. A preliminary
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
proposed rule.
DEPARTMENT OF THE INTERIOR
List of Subjects in 33 CFR Part 165
AGENCY:
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, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1
2. Amend § 165.1319 by revising
paragraph (b) to read as follows:
§ 165.1319 Safety Zone Regulations;
Seafair Blue Angels Air Show Performance,
Seattle, WA.
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*
*
*
*
(b) Location. The following is a safety
zone: All waters of Lake Washington
encompassed by the following points:
47°36′17.28″ N, 122°14′49.44″ W; thence
west to point 47°36′17.28″ N,
122°16′58.56″ W; thence south along the
shoreline to Andrews Bay at point
47°33′04.62″ N, 122°15′32.46″ W; thence
northeast along the shoreline of Bailey
Peninsula to its northeast point at
47°33′44.98″ N, 122°15′03.48″ W; thence
easterly to point 47°33′43.98″ N,
122°13′51.36″ W on Mercer Island;
thence northerly along the shore of
Mercer Island to point 47°35′45.12″ N,
122°14′49.44″ W; thence north back to
the point of origin.
*
*
*
*
*
[FR Doc. 2012–25237 Filed 10–12–12; 8:45 am]
BILLING CODE 9110–04–P
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[NPS–SLBE–10552; 6620–SZM]
RIN 1024–AE11
Special Regulations; Areas of the
National Park System, Sleeping Bear
Dunes National Lakeshore, Bicycling
National Park Service, Interior.
Proposed rule.
The National Park Service
proposes to designate the Sleeping Bear
Heritage Trail currently under
construction within Sleeping Bear
Dunes National Lakeshore as a route for
bicycle use. The approximately 27-milelong trail will generally parallel major
state highways and offer visitors safe,
non-motorized access to the park.
National Park Service general
regulations require promulgation of a
special regulation to designate routes for
bicycle use outside developed areas or
off park roads.
DATES: Comments must be received by
December 14, 2012.
ADDRESSES: You may submit your
comments, identified by Regulation
Identifier Number (RIN), by any of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail or Hand Deliver to:
Superintendent’s Office, Sleeping Bear
Dunes National Lakeshore, 9922 Front
Street, Empire, Michigan 49630.
FOR FURTHER INFORMATION CONTACT: Phil
Akers, Chief Ranger, Sleeping Bear
Dunes National Lakeshore, 231–326–
5135, or at 9922 Front Street, Empire,
Michigan 49630.
SUPPLEMENTARY INFORMATION:
SUMMARY:
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165, as follows:
Dated: September 25, 2012.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the
Port, Puget Sound.
36 CFR Part 7
ACTION:
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
*
National Park Service
Background
Sleeping Bear Dunes National
Lakeshore (SLBE or Lakeshore) was
established in 1970 ‘‘for the benefit,
inspiration, education, recreation, and
enjoyment of the public.’’ (16 U.S.C.
460x). SLBE’s enabling legislation
requires the National Park Service (NPS)
to ‘‘administer and protect [the
Lakeshore] in a manner which provides
for recreational opportunities consistent
with the maximum protection of the
natural environment within the area.’’
(16 U.S.C. 460x). The 71,000-acre
Lakeshore is located in the northwest
portion of Michigan’s Lower Peninsula
and encompasses a 35-mile stretch of
Lake Michigan’s eastern coastline as
well as North Manitou and South
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Manitou islands. The mainland portion
is located within Benzie and Leelanau
counties. The Manitou Islands, in
Leelanau County, are located to the
northwest in Lake Michigan, about
seven miles from the shore. The nearest
city is Traverse City, Michigan
(population 15,000), located 30 miles
east of the Lakeshore. Smaller
communities such as Empire, Glen
Arbor, and Frankfort are closer.
Named after a complex of coastal sand
dunes, the Lakeshore features white
sand beaches, steep bluffs reaching as
high as 450 feet above Lake Michigan,
thick maple and beech forests, and clear
inland lakes. The Lakeshore’s most
notable features—the ancient sand
dunes—are products of wind, ice, and
water action over thousands of years.
The high, perched dunes afford
spectacular views across Lake Michigan
and of other glacially formed
landscapes. The contrast between the
open, sunny environment of the dunes
and the adjacent lush beech-maple
forests is striking.
The Robert H. Manning Memorial
Lighthouse, three former U.S. LifeSaving Service/Coast Guard stations,
several coastal villages, and picturesque
farmsteads reflect the Lakeshore’s rich
maritime, agricultural, and recreational
history. The region surrounding the
Lakeshore is a popular vacation and
summer home destination. SLBE offers
visitors recreational activities such as
hiking, backpacking, kayaking, crosscountry skiing, backcountry camping,
hunting, fishing, and boating.
Over 1.1 million people visit the
Lakeshore annually. SLBE’s main visitor
attractions include the Dune Climb
(330,000+ visitors/year), Pierce Stocking
Scenic Drive (430,000 visitors/year), and
the Visitor Center (130,000+ visitors/
year). Traffic and parking congestion are
a concern at these locations. A multi-use
trail connecting the main visitor
destinations would help relieve these
traffic concerns while simultaneously
enhancing visitor access to a variety of
recreational activities.
History of Bicycle Use
Currently, bicycling within SLBE is
allowed only on a lane shared with
motor vehicles on Pierce Stocking
Scenic Drive and on the road shoulders
of state highways (M–22 and M–109)
and county roads than run through the
Lakeshore.
The Sleeping Bear Heritage Trail
The Sleeping Bear Heritage Trail
(SBHT) will be a hard-surfaced,
approximately 27-mile-long trail from
the southern Leelanau County line at
Manning Road to County Road 651 at
E:\FR\FM\15OCP1.SGM
15OCP1
]]>Agencies
[Federal Register Volume 77, Number 199 (Monday, October 15, 2012)]
[Proposed Rules]
[Pages 62473-62476]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25237]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-0212-0903]
RIN 1625-AA00
Safety Zone, Seafair Blue Angels Air Show Performance, Seattle,
WA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The U.S. Coast Guard is proposing to amend the Seafair Blue
Angels Air Show Performance 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 unless authorized by the Captain of the Port (COTP), Puget Sound
or a Designated Representative.
DATES: Comments and related material must be received by the Coast
Guard on or before December 14, 2012.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the
[[Page 62474]]
SUPPLEMENTARY INFORMATION section below for further instructions on
submitting comments. To avoid duplication, please use only one of these
three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email ENS Nathaniel P. Clinger; Waterways Management Division,
Coast Guard Sector Puget Sound; Coast Guard; telephone 206-217-6045,
email SectorPugetSoundWWM@uscg.mil. 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. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
https://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
type the docket number USCG-0212-0903 in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
type the docket number USCG-0212-0903 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.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting 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.
B. Regulatory History and Information
The Coast Guard is amending 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 associated with the Seafair Blue
Angels Air Show Performance, which include low flying high speed
aircraft.
C. Basis and Purpose
The Coast Guard proposes to amend this safety zone to ensure the
safety of the maritime public during the Seattle Blue Angels Air Show.
The size of the safety zone in 33 CFR 165.1319 has been determined to
be inadequate to accommodate the anticipated flight pattern of the Blue
Angels, and the current regulation is not large enough 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. This proposed rule would extend the northern boundary
line of the existing regulation northward by 500 yards, and updates
coordinates to provide a zone of adequate size.
D. Discussion of Proposed Rule
As described in the June 24, 2004 final rule (69 FR 35249), the
Coast Guard established a safety zone for the annual Blue Angels Air
Show Performance. The purpose of this rule was 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 ``all 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 participating aircraft have a flight pattern that will
extend past the northern boundary of the regulation in 33 CFR 156.1319.
As such, an extension is necessary in order to protect the spectating
public.
This rule amends the Seafair Blue Angels Air Show Performance
Safety Zone, extending the northern boundary starting at point
47[deg]36'17.28'' N, 122[deg]16'49.44'' W; thence west to point
47[deg]36'17.28'' N, 122[deg]16'58.56'' W; thence south along the
shoreline to point 47[deg]35'25.44'' N, 122[deg]17'9.48'' W; thence
east along the I-90 bridge to point 47[deg]35'23.16'' N,
122[deg]15'17.1'' W; thence north east along the shoreline to point
[[Page 62475]]
47[deg]35'45.3'' N, 122[deg]14'49.44'' W; thence north back to the
point of origin.
E. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This proposed 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. The Coast Guard bases
this finding on the fact that the safety zone will be in place for a
limited period of time and vessel traffic will be able to transit
around the safety zone. Maritime traffic may also request permission to
transit through the zone from the (COTP), Puget Sound or a Designated
Representative.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities. This rule would affect the following entities, some of
which may be small entities; the owners and operators of vessels
intending to operate in the waters covered by the safety zone while it
is in effect. The rule would not have a significant economic impact on
a substantial number of small entities because the safety zone would be
in place for limited periods of time and maritime traffic would still
be able to transit around the safety zone. Maritime traffic may also
request permission to transit through the zone from the COTP, Puget
Sound or a Designated Representative.
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.
3. 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. 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. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
4. Collection of Information
This proposed 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 proposed 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would 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 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.
10. Protection of Children From Environmental Health Risks
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.
11. 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.
12. Energy Effects
This proposed rule 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed 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 made a preliminary determination 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 proposed rule
involves the amendment of a safety zone. This rule is categorically
excluded from further review under paragraph
[[Page 62476]]
34(g) of Figure 2-1 of the Commandant Instruction. A preliminary
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
proposed 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 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, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1
2. Amend Sec. 165.1319 by revising paragraph (b) to read as
follows:
Sec. 165.1319 Safety Zone Regulations; Seafair Blue Angels Air Show
Performance, Seattle, WA.
* * * * *
(b) Location. The following is a safety zone: All waters of Lake
Washington encompassed by the following points: 47[deg]36'17.28'' N,
122[deg]14'49.44'' W; thence west to point 47[deg]36'17.28'' N,
122[deg]16'58.56'' W; thence south along the shoreline to Andrews Bay
at point 47[deg]33'04.62'' N, 122[deg]15'32.46'' W; thence northeast
along the shoreline of Bailey Peninsula to its northeast point at
47[deg]33'44.98'' N, 122[deg]15'03.48'' W; thence easterly to point
47[deg]33'43.98'' N, 122[deg]13'51.36'' W on Mercer Island; thence
northerly along the shore of Mercer Island to point 47[deg]35'45.12''
N, 122[deg]14'49.44'' W; thence north back to the point of origin.
* * * * *
Dated: September 25, 2012.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2012-25237 Filed 10-12-12; 8:45 am]
BILLING CODE 9110-04-P
