[Federal Register Volume 77, Number 45 (Wednesday, March 7, 2012)]
[Proposed Rules]
[Pages 13522-13525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5547]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0076]
RIN 1625-AA00
Safety Zone; Baltimore Air Show, Patapsco River, Baltimore, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
during the ``Baltimore Air Show,'' which consists of aerial practices,
performance demonstrations and air shows, to be held over certain
waters of the Patapsco River adjacent to the Fort McHenry National
Monument and Historic Shrine in Baltimore, Maryland from June 14, 2012
through June 17, 2012. This proposed rule is necessary to provide for
the safety of life on navigable waters during the event. This action is
intended to temporarily restrict vessel traffic in portions of the
Patapsco River during the event.
DATES: Comments and related material must be received by the Coast
Guard on or before April 6, 2012.
ADDRESSES: You may submit comments identified by docket number USCG-
2012-0076 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: 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.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mr. Ronald Houck, Sector Baltimore Waterways
Management Division, Coast Guard; telephone 410-576-2674, 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:
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 http://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2012-0076), 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 (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via www.regulations.gov, 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 http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2012-0076'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. 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.
[[Page 13523]]
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2012-0076'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
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. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
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).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four 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.
Background and Purpose
The U.S. Navy History & Heritage Command, Office of Commemorations,
is planning to conduct the ``Baltimore Air Show'' on June 15, 2012,
June 16, 2012 and June 17, 2012. The public event will consist of
military and civilian aircraft performing low-flying, high-speed
precision maneuvers and aerial stunts over specified waters of the
Patapsco River and navigable channels in Baltimore Harbor. In addition
to the air show dates, military and civilian aircraft performing in the
air show will conduct practice and demonstration maneuvers and stunts
over specified waters of the Patapsco River and navigable channels in
Baltimore Harbor on June 14, 2012. A large spectator fleet is
anticipated for the event, as part of the War of 1812 Bicentennial
Commemoration activities. To provide for the safety of participants,
spectators, and transiting vessels, the Coast Guard proposes to
temporarily restrict vessel traffic on specified waters of the Patapsco
River in the vicinity of the practices, demonstrations and air shows.
To address safety concerns during the event, the Captain of the Port,
Baltimore proposes to establish a safety zone upon certain waters of
the Patapsco River. This proposed zone addresses safety concerns
immediately outside the aerobatic show box, including the required
patrols of law enforcement and safety vessels, establishment of
emergency egress routes, and sponsor-designated spectator areas.
Discussion of Proposed Rule
The Captain of the Port Baltimore is proposing to establish a
temporary safety zone for certain waters of the Patapsco River, located
adjacent to the Fort McHenry National Monument and Historic Shrine in
Baltimore, Maryland. The proposed zone is in the interest of public
safety during the Baltimore Air Show. The proposed zone is located
south of Locust Point, between Port Covington and Seagirt Marine
Terminal, within all waters in the area bounded by a line connecting
position latitude 39[deg]16'00'' N, longitude 076[deg]36'30'' W; thence
to latitude 39[deg]16'00'' N, longitude 076[deg]33'00'' W; thence to
latitude 39[deg]14'30'' N, longitude 076[deg]33'00'' W; thence to
latitude 39[deg]14'30'' N, longitude 076[deg]36'30'' W; thence to the
point of origin. This safety zone will be enforced from 10 a.m. until 6
p.m. each day from June 14, 2012 through June 17, 2012. Within the
proposed safety zone, an aerobatic show box, approximately 12,000 feet
long and 3,000 feet wide, is located within an area bounded by a line
connecting position latitude 39[deg]15'44'' N, longitude
076[deg]35'55'' W; to latitude 39[deg]15'19'' N, longitude
076[deg]33'25'' W; thence to latitude 39[deg]14'49'' N, longitude
076[deg]33'35'' W; thence to latitude 39[deg]15'15'' N, longitude
076[deg]36'04'' W; thence to point of origin. Access to the safety zone
will be restricted during the specified dates and times. Except for
vessels authorized by the Captain of the Port or his designated
representative, no person or vessel may enter or remain in the safety
zone. U.S. Coast Guard vessels will be provided to enforce the safety
zone. The Captain of the Port Baltimore will issue Broadcast Notices to
Mariners to publicize the safety zone and notify the public of changes
in the status of the zone. Such notices will continue until the event
is complete.
Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
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 that Executive Order 12866
or under section 1 of Executive Order 13563. The Office of Management
and Budget has not reviewed it under those Orders. Although this safety
zone restricts vessel traffic through the affected area, the effect of
this regulation will not be significant due to the limited size and
duration that the regulated area will be in effect. In addition,
notifications will be made to the maritime community via marine
information broadcasts so mariners may adjust their plans accordingly.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule may affect the following
entities, some of which might be small entities: The owners or
operators of vessels intending to operate or transit through or within
the safety zone during the enforcement period. The safety zone will not
have a significant economic impact on a substantial number of small
entities for the following reasons. The safety zone is of limited size
and duration. Maritime advisories will be widely available to the
maritime community before the effective period.
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.
[[Page 13524]]
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
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact Mr. Ronald L.
Houck, Coast Guard Sector Baltimore, Waterways Management Division, at
telephone number 410-576-2674. 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.
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
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
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.
Taking of Private Property
This proposed 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 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.
Protection of Children
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.
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.
Energy Effects
We have analyzed this proposed 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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
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. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. This proposed
rule involves establishing a temporary safety zone. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
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. 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, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
2. Add a temporary section, Sec. 165.T05-0076 to read as follows:
Sec. 165-T05-0076 Safety Zone; Baltimore Air Show, Patapsco River,
Baltimore, MD.
(a) Regulated areas. The following locations are a regulated area:
(1) All waters of the Patapsco River, within an area bounded by a line
connecting position latitude 39[deg]16'00'' N, longitude
076[deg]36'30'' W; thence to latitude 39[deg]16'00'' N, longitude
076[deg]33'00'' W; thence to latitude 39[deg]14'30'' N, longitude
076[deg]33'00'' W; thence to latitude 39[deg]14'30'' N, longitude
076[deg]36'30'' W; thence to the point of origin, located adjacent to
the Fort McHenry National Monument and Historic Shrine in Baltimore,
Maryland.
[[Page 13525]]
(2) Within the regulated area described in paragraph (a)(1) of this
section, an aerobatic show box is located on all waters of the Patapsco
River, within an area bounded by a line connecting position latitude
39[deg]15'44'' N, longitude 076[deg]35'55'' W; to latitude
39[deg]15'19'' N, longitude 076[deg]33'25'' W; thence to latitude
39[deg]14'49'' N, longitude 076[deg]33'35'' W; thence to latitude
39[deg]15'15'' N, longitude 076[deg]36'04'' W; thence to point of
origin. All coordinates reference Datum NAD 1983.
(b) Definitions: As used in this section: (1) Captain of the Port
Baltimore means the Commander, U.S. Coast Guard Sector Baltimore,
Maryland.
(2) Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Baltimore to assist in enforcing the safety zone described in
paragraph (a) of this section.
(c) Regulations: The general safety zone regulations found in 33
CFR 165.23 apply to the safety zone created by this temporary section,
Sec. 165.T05.0076. (1) All persons are required to comply with the
general regulations governing safety zones found in 33 CFR 165.23.
(2) Entry into or remaining in this zone is prohibited unless
authorized by the Coast Guard Captain of the Port Baltimore. All
vessels underway within this safety zone at the time it is implemented
are to depart the zone.
(3) Persons desiring to transit the area of the safety zone must
first request authorization from the Captain of the Port Baltimore or
his designated representative. To seek permission to transit the area,
the Captain of the Port Baltimore and his designated representatives
can be contacted at telephone number 410-576-2693 or on Marine Band
Radio, VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing
this section can be contacted on Marine Band Radio, VHF-FM channel 16
(156.8 MHz). Upon being hailed by a U.S. Coast Guard vessel, or other
Federal, State, or local agency vessel, by siren, radio, flashing
lights, or other means, the operator of a vessel shall proceed as
directed. If permission is granted, all persons and vessels must comply
with the instructions of the Captain of the Port Baltimore or his
designated representative and proceed at the minimum speed necessary to
maintain a safe course while within the zone.
(4) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, and local agencies.
(d) Enforcement periods: This section will be enforced from 10 a.m.
until 6 p.m. on June 14, 2012, from 10 a.m. until 6 p.m. on June 15,
2012, from 10 a.m. until 6 p.m. on June 16, 2012, and from 10 a.m.
until 6 p.m. on June 17, 2012.
Dated: February 23, 2012.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2012-5547 Filed 3-6-12; 8:45 am]
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