[Federal Register Volume 79, Number 139 (Monday, July 21, 2014)]
[Proposed Rules]
[Pages 42254-42258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17103]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 100 and 165
[Docket No. USCG-2014-0540]
RIN 1625-AA08, AA00
Special Local Regulations for Marine Events and Safety Zone,
Patapsco River; Baltimore, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish temporary regulations in
certain waters of the Patapsco River. This action is necessary to
provide for the safety of life on navigable waters before, during, and
after the ``Baltimore Air Show,'' which consists of aerial practices,
performance demonstrations and air shows. The event, scheduled as part
of the Star-Spangled 200 activities at Baltimore, Maryland, will be
held over certain waters of the Patapsco River from September 11, 2014,
through September 14, 2014. This action will 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 August 20, 2014. The Coast Guard anticipates that
this proposed rule will be effective from September 11, 2014 through
September 14, 2014.
ADDRESSES: You may submit comments identified by docket number 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. 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 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 Mr. Ronald Houck, U.S. Coast Guard Sector Baltimore, MD;
telephone 410-576-2674, email [email protected]. If you have
questions on viewing or submitting material to the docket, call Cheryl
Collins, 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 http://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
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, 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,
type the docket number [USCG-2014-0540] 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 http://www.regulations.gov,
type the docket number (USCG-2014-0138) 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.
[[Page 42255]]
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
This rule involves an air show that will take place over the
Patapsco River in Baltimore, Maryland on September 13, 2014 and
September 14, 2014 and will attract thousands of spectators on the
Patapsco River. This rule also involves a designated on-water spectator
area associated with the air show. The current regulations under 33 CFR
100 address safety for reoccurring marine events. This marine event
does not appear in the current regulations; however, as it is a
regulation to provide effective control over regattas and marine
parades on the navigable waters of the United States so as to insure
safety of life in the regatta or marine parade area, this marine event
therefore needs to be temporarily added.
C. Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233, and to establish
safety zones: 33 U.S.C. 1231.
The purpose of the rule is to provide for the safety of
participants, spectators, and transiting vessels from the potential
hazards associated with an air show, such as aircraft accidents,
dangerous projectiles, hazardous materials spills and falling debris.
This rule is necessary to ensure safety of life on navigable waters of
the United States before, during and after the scheduled Baltimore Air
Show event.
D. Discussion of Proposed Rule
The Star Spangled 200, Inc. is sponsoring the ``Baltimore Air
Show'' on September 13, 2014 and September 14, 2014. 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 September 11, 2014 and
September 12, 2014. A large spectator fleet is anticipated for the
event, as part of the Star Spangled 200 activities.
Through this regulation, the Coast Guard proposes to establish a
temporary regulated area. The proposed regulated area will encompass
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 between Port
Covington and Seagirt Marine Terminal at Baltimore, MD. Within the
regulated area is a designated spectator area for commercial passenger
vessels. The spectator area includes all waters of the Patapsco River,
located between the northern boundary of the regulated area described
in paragraph (a)(1) of this section at latitude 39[deg]16'00'' N,
thence southerly to the northern boundary of the safety zone
represented by a line connecting position latitude 39[deg]15'44'' N,
longitude 076[deg]35'55'' W; to position latitude 39[deg]15'19'' N,
longitude 076[deg]33'25'' W, located adjacent to the Fort McHenry
National Monument and Historic Shrine at Baltimore, MD. This regulated
area will be enforced from 10 a.m. to 6 p.m. each day from September
11, 2014 through September 14, 2014.
Through this regulation, the Coast Guard also proposes to establish
a safety zone. The proposed safety zone encompasses the aerobatic show
box, approximately 12,000 feet long and 3,000 feet wide, and is located
within the regulated area. The temporary safety zone includes all
waters of the Patapsco River, located within an area bounded by a line
connecting position latitude 39[deg]15'44'' N, longitude
076[deg]35'56'' W; to latitude 39[deg]15'19'' N, longitude
076[deg]33'26'' 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.
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 economic impact of this rule is not significant for the
following reasons: The primary impact of these regulations will be on
vessels wishing to transit the affected waterways during activities
associated with the Baltimore Air Show beginning on September 11, 2014
and ending on September 14, 2014. Although these regulations prevent
traffic from transiting a portion of the Patapsco River during this
event, that restriction is limited in duration, affects only a limited
area, and will be well publicized to allow mariners to make alternative
plans for transiting the affected area. Moreover, the magnitude of the
event itself will severely hamper or prevent transit of the waterway,
even absent these regulations designed to ensure it is conducted in a
safe and orderly fashion.
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 may affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to enter,
transit through, anchor in, or remain within
[[Page 42256]]
that portion of the Patapsco River encompassed within the special local
regulations from 10 a.m. to 6 p.m. each day on September 11, 2014,
September 12, 2014, September 13, 2014, and September 14, 2014, and
encompassed within the safety zone from 10 a.m. until 6 p.m. each day
on September 11, 2014, September 12, 2014, September 13, 2014, and
September 14, 2014. For the reasons discussed in the Regulatory
Planning and Review section above, this 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.
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 special local regulations issued in
conjunction with a regatta or marine parade. This proposed rule
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 designated spectator
areas. This rule is categorically excluded from further review under
paragraph 34(h) 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.
Additionally, this proposed rule involves establishing a temporary
safety zone for an aerobatic show box during an air show. The air show
is scheduled over navigable waters of the United States and may have
potential for negative impact on the safety or other interest of
waterway users and near shore activities in the event area. This rule
is categorically excluded from further review under paragraph 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
33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
[[Page 42257]]
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 parts 100 and 165 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add a temporary section, Sec. 100.35-T05-0540 to read as follows:
Sec. 100.35-T05-0540 Special Local Regulations for Marine Events,
Patapsco River; Baltimore, MD.
(a) Regulated areas. The following regulated areas are established
as special local regulations. All coordinates are North American Datum
1983.
(1) Regulated area. The following location is a regulated area: 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 between Port
Covington and Seagirt Marine Terminal at Baltimore, MD.
(2) Designated commercial passenger vessel spectator area. The
following location is a spectator area within the regulated area: All
waters of the Patapsco River, located between the northern boundary of
the regulated area described in paragraph (a)(1) of this section at
latitude 39[deg]16'00'' N, thence southerly to the northern boundary of
the safety zone represented by a line connecting position latitude
39[deg]15'44'' N, longitude 076[deg]35'55'' W; to position latitude
39[deg]15'19'' N, longitude 076[deg]33'25'' W, located adjacent to the
Fort McHenry National Monument and Historic Shrine at Baltimore, MD.
(b) Definitions. (1) Coast Guard Patrol Commander means a
commissioned, warrant, or petty officer of the U. S. Coast Guard who
has been designated by the Commander, Coast Guard Sector Baltimore.
(2) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector Baltimore with a commissioned, warrant,
or petty officer on board and displaying a Coast Guard ensign.
(3) Participant means all persons and vessels participating in the
Baltimore Air Show event under the auspices of the Marine Event Permit
issued to the event sponsor and approved by Commander, Coast Guard
Sector Baltimore.
(4) Spectator means all persons and vessels not registered with the
event sponsor as participants or official patrol.
(c) Special local regulations. (1) The Coast Guard Patrol Commander
may forbid and control the movement of all vessels and persons in the
regulated area. When hailed or signaled by an official patrol, a vessel
or person in the regulated area shall immediately comply with the
directions given. Failure to do so may result in expulsion from the
area, citation for failure to comply, or both.
(2) The Coast Guard Patrol Commander may terminate the event, or
the operation of any participant in the event, at any time it is deemed
necessary for the protection of life or property. The Coast Guard may
be assisted in the patrol and enforcement of the regulated area by
other Federal, State, and local agencies.
(3) All Coast Guard vessels enforcing this regulated area can be
contacted on marine band radio VHF-FM channel 16 (156.8 MHz).
(4) Spectators are allowed inside the regulated area, but must
remain outside the safety zone at all times. Only commercial passenger
vessels will be permitted to anchor within the designated spectator
area described in Paragraph (a)(2) of this section. Spectators may
contact the Coast Guard Patrol Commander to request permission to pass
through the regulated area. If permission is granted, spectators shall
comply with the directions given and must pass directly through the
regulated area, outside the safety zone, at a safe speed and without
loitering.
(5) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue a marine information
broadcast on VHF-FM marine band radio announcing specific event date
and times.
(d) Enforcement period. This section will be enforced from 10 a.m.
to 6 p.m. on September 11, 2014, from 10 a.m. to 6 p.m. on September
12, 2014, from 10 a.m. to 6 p.m. on September 13, 2014, and from 10
a.m. to 6 p.m. on September 14, 2014.
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
3. 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.
0
4. Add temporary Sec. 165.T05-0540 to read as follows:
Sec. 165.T05-0540 Safety Zone, Patapsco River; Baltimore, MD.
(a) Location. The following area is a safety zone: All waters of
the Patapsco River, within an area bounded by a line connecting
position latitude 39[deg]15'44'' N, longitude 076[deg]35'56'' W; to
latitude 39[deg]15'19'' N, longitude 076[deg]33'26'' 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) Regulations. The general safety zone regulations found in 33
CFR 165.23 apply to the safety zone created by this temporary section,
Sec. 165.T05.0540.
(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 or his
designated representative.
(3) Persons desiring to transit the area of the safety zone must
first obtain 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 representative 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 light, 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.
(c) Definitions. As used in this section:
Captain of the Port Baltimore means the Commander, U.S. Coast Guard
Sector Baltimore, Maryland.
[[Page 42258]]
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.
(d) Enforcement periods. This section will be enforced from 10 a.m.
to 6 p.m. on September 11, 2014, from 10 a.m. to 6 p.m. on September
12, 2014, from 10 a.m. to 6 p.m. on September 13, 2014, and from 10
a.m. to 6 p.m. on September 14, 2014.
Dated: July 7, 2014.
M. Dean,
Commander, U.S. Coast Guard, Acting Captain of the Port Baltimore.
[FR Doc. 2014-17103 Filed 7-18-14; 8:45 am]
BILLING CODE 9110-04-P