[Federal Register Volume 74, Number 55 (Tuesday, March 24, 2009)]
[Proposed Rules]
[Pages 12287-12289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6426]
[[Page 12287]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2009-0107]
RIN 1625-AA08
Special Local Regulations for Marine Events; Patuxent River,
Patuxent River, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish temporary special local
regulations for ``U.S. Naval Air Station Patuxent River Air Expo
2009'', an aerial demonstration to be held over the waters of the
Patuxent River adjacent to Patuxent River, Maryland. These special
local regulations are necessary to provide for the safety of life on
navigable waters during the event. This proposed action would restrict
vessel traffic in portions of the Patuxent River during the aerial
demonstration.
DATES: Comments and related material must either be submitted to our
online docket via http://www.regulations.gov on or before April 23,
2009 or reach the Docket Management Facility by that date.
ADDRESSES: You may submit comments identified by docket number USCG-
2009-0107 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 methods. For
instructions on submitting comments, see the ``Public Participation and
Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section
below.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Dennis Sens, Project Manager, Fifth Coast Guard District,
Prevention Division, at 757-398-6204 or e-mail at
[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-2009-0107), 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, or by fax, mail or hand delivery, but please use only one of
these means. We recommend that you include your name and a mailing
address, an e-mail address, or a phone 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,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2009-0107'' in the Docket ID box, press Enter,
and 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 them 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.
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,
select the Advanced Docket Search option on the right side of the
screen, insert USCG-2009-0107 in the Docket ID box, press Enter, and
then click on the item in the Docket ID column. You may also visit
either 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; or the Fifth Coast
Guard District, Prevention Division, 431 Crawford Street, Portsmouth,
VA 23704 between 10 a.m. and 2 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 to the Docket Management Facility at the address under
ADDRESSES explaining why one 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
On May 23, 2009 and May 24, 2009, U.S. Naval Air Station Patuxent
River, Maryland will sponsor the ``Patuxent River Air Expo '09''. The
public event will consist of military and civilian aircraft performing
low-flying, high speed precision maneuvers and aerial stunts over both
the airfield at Naval Air Station Patuxent River and the waters of the
Patuxent River. Federal Aviation Administration restrictions require
that portions of the Blue Angels and aerobatic performance boxes take
place over the waters of the Patuxent River. In addition to the air
show dates, on May 21, 2009 and May 22, 2009, military and civilian
aircraft performing in the air show will conduct practice and
demonstration maneuvers and stunts over both the airfield at Naval Air
Station Patuxent River and specified waters of the Patuxent River. To
provide for the safety of participants, spectators and transiting
vessels, the Coast Guard will temporarily restrict vessel traffic in
the event area during the air shows, practices and demonstrations, and
during other scheduled activities related to the air show.
Discussion of Proposed Rule
The Coast Guard proposes to establish temporary special local
regulations on specified waters of the Patuxent River. The regulated
area includes waters of
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the lower Patuxent River, located between Fishing Point and the base of
the break wall marking the entrance to the East Seaplane Basin at Naval
Air Station Patuxent River, which is approximately 500 yards long and
900 yards wide. The regulated area also includes waters of the lower
Patuxent River, located between Hog Point and Cedar Point, which is
approximately 2,000 yards long and 167 yards wide. The temporary
special local regulations will be in effect from 9 a.m. on May 21, 2009
through 6 p.m. on May 24, 2009. The effect will be to restrict general
navigation in the regulated area during the event and during scheduled
activities related to the air show. Except for persons or vessels
authorized by the Coast Guard Patrol Commander, no person or vessel may
enter or remain in the regulated area during the enforcement period.
The Patrol Commander will notify the public of specific enforcement
times by Marine Radio Safety Broadcast. A 75-yard restricted area,
enforced by the Commanding Officer, U.S. Naval Air Station, Patuxent
River, Maryland, is described in Title 33 Code of Federal Regulations,
Section 334.180. These regulations, extending beyond the restricted
area, are needed to control vessel traffic during the event to enhance
safety of participants, spectators and transiting vessels.
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,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
Although this proposed rule prevents traffic from transiting a
portion of the Patuxent River during the air show event, the effect of
this regulation will not be significant due to the limited duration
that the regulated area will be in effect and the extensive advance
notifications that will be made to the maritime community via marine
information broadcasts, local radio stations and area newspapers so
mariners can adjust their plans accordingly. In some cases vessel
traffic may be able to transit the regulated area when the Coast Guard
Patrol Commander deems it is safe to do so.
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 rule would affect the following
entities, some of which might be small entities: The owners or
operators of vessels intending to transit or anchor in this segment of
the Patuxent River during the event. This regulation will not have a
significant impact on a substantial number of small entities because it
will be enforced only during the air show. In some cases, vessels may
be able to safely transit around or through the regulated area at
various times with the permission of the Patrol Commander. Before the
enforcement period, the Coast Guard will issue maritime advisories so
mariners can adjust their plans accordingly.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (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
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Fifth Coast Guard District
listed under FOR FURTHER INFORMATION CONTACT at the beginning of this
rule. 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 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
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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 Directive 0023.1 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 made a
preliminary determination that this action is one of a category of
actions which do not individually or cumulatively have a significant
effect on the human environment. Therefore, this rule is categorically
excluded, under section 2.B.2. Figure 2-1, paragraph 34(h), of the
Instruction and neither an environmental assessment nor an
environmental impact statement is required. This rule involves
implementation of regulations within 33 CFR Part 100 that apply to
organized marine events on the navigable waters of the United States
that may have potential for negative impact on the safety or other
interest of waterway users and shore side activities in the event area.
The category of water activities includes but is not limited to sail
boat regattas, boat parades, power boat racing, swimming events, crew
racing, and sail board racing. A preliminary environmental analysis
check list supporting this determination will be available in the
docket where indicated under the ``Public Participation and Request for
Comments'' section of this preamble. We seek any comments or
information that may lead to discovery of a significant environmental
impact from this proposed rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
1. The authority citation for part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233.
2. Add a temporary section, Sec. 100.35-T05-0107 to read as
follows:
Sec. 100.35-T05-0107 Special Local Regulations for Marine Events;
Patuxent River, Patuxent River, MD.
(a) Regulated area. The following locations are regulated areas:
(1) All waters of the lower Patuxent River, near Solomons,
Maryland, located between Fishing Point and the base of the break wall
marking the entrance to the East Seaplane Basin at Naval Air Station
Patuxent River, within an area bounded by a line connecting position
latitude 38[deg]17'39'' N, longitude 076[deg]25'47'' W; thence to
latitude 38[deg]17'47'' N, longitude 076[deg]26'00'' W; thence to
latitude 38[deg]18'09'' N, longitude 076[deg]25'40'' W; thence to
latitude 38[deg]18'00'' N, longitude 076[deg]25'25'' W, located along
the shoreline at U.S. Naval Air Station Patuxent River, Maryland.
(2) All waters of the lower Patuxent River, near Solomons,
Maryland, located between Hog Point and Cedar Point, within an area
bounded by a line drawn from a position at latitude 38[deg]18'41'' N,
longitude 076[deg]23'43'' W; to latitude 38[deg]18'16'' N, longitude
076[deg]22'35'' W; thence to latitude 38[deg]18'12'' N, longitude
076[deg]22'37'' W; thence to latitude 38[deg]18'36'' N, longitude
076[deg]23'46'' W, located adjacent to the shoreline at U.S. Naval Air
Station Patuxent River, Maryland. All coordinates reference Datum NAD
1983.
(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.
(c) Special local regulations: (1) Except for persons or vessels
authorized by the Coast Guard Patrol Commander, no person or vessel may
enter or remain in the regulated area.
(2) The operator of any vessel in the regulated area must:
(i) Stop the vessel immediately when directed to do so by the Coast
Guard Patrol Commander or any Official Patrol.
(ii) Proceed as directed by the Coast Guard Patrol Commander or any
Official Patrol.
(d) Enforcement period: This section will be enforced as follows:
(1) During the air show practice from 9 a.m. to 5 p.m. on May 21,
2009.
(2) Air show practice and modified show from 9 a.m. to 5 p.m. on
May 22, 2009.
(3) ``Meet the Performers Party'' (at Cedar Point Officers' Club)
performance from 6 p.m. to 9 p.m. on May 22, 2009.
(4) Air show performances from 9 a.m. to 5 p.m. May 23 and 24,
2009.
Dated: March 16, 2009.
Neil O. Buschman,
Captain, U.S. Coast Guard, Commander, Fifth Coast Guard District,
Acting.
[FR Doc. E9-6426 Filed 3-23-09; 8:45 am]
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