[Federal Register Volume 73, Number 77 (Monday, April 21, 2008)]
[Proposed Rules]
[Pages 21294-21296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8469]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0160]
RIN 1625-AA00


Safety Zone: Ocean City Air Show, Atlantic Ocean, Ocean City, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a safety zone on the 
Atlantic Ocean in the vicinity of Ocean City, MD in support of the 
Ocean City Air Show. This action is intended to restrict vessel traffic 
movement on the Atlantic Ocean to protect mariners from the hazards 
associated with the air show.

DATES: Comments and related material must reach the Coast Guard on or 
before May 21, 2008.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2008-0160 to the Docket Management Facility at the U.S. 
Department of Transportation. To avoid duplication, please use only one 
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) 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.
    (3) Hand Delivery: Room W12-140 on the Ground Floor of the West 
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    (4) Fax: 202-493-2251.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call Lieutenant Junior Grade TaQuitia Winn, Waterways Management 
Division, Sector Hampton Roads at (757) 668-5580. 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. We have an agreement with the 
Department of Transportation (DOT) to use the Docket Management 
Facility. Please see DOT's ``Privacy Act'' paragraph below.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2008-0160), indicate the specific section of this 
document to which each comment applies, and give the reason for each 
comment. 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. 
You may submit your comments and material by electronic means, mail, 
fax, or hand delivery to the Docket Management Facility at the address 
under ADDRESSES; but please submit your comments and material by only 
one means. If you submit them 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. We may change this 
proposed rule in view of them.

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 at 
any time, click on ``Search for Dockets,'' and enter the docket number 
for this rulemaking (USCG-2008-0160) in the Docket ID box, and click 
enter. You may also visit either the Docket Management Facility in Room 
W12-140 on the ground floor of the DOT 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 Commander, Sector 
Hampton Roads, Norfolk Federal Building, 200 Granby St., 7th Floor 
between 9 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays.

Privacy Act

    Anyone can search the electronic form of all 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 the Department of 
Transportation's Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR 19477), or you may visit http://DocketsInfo.dot.gov.

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 June 9, 2008, June 10, 2008 and June 11, 2008 the town of Ocean 
City, MD, will sponsor an air show that is to be held on the Atlantic 
Ocean between 7th Street and 25th Street in Ocean City, MD. Due to the 
need to protect mariners and the public from the hazards associated 
with the air show, a safety zone bound by the following coordinates 
will be enforced: 38[deg]-20[min]-59.6[sec] N/075[deg]-03[min]-
44.4[sec] W, 38[deg]-21[min]-10[sec] N/075[deg]-04[min]-19.9[sec] W, 
38[deg]-20[min]-03.8[sec] N/075[deg]-04[min]-10.6[sec] W, 38[deg]-
20[min]-14.1[sec] N/075[deg]-04[min]-45.6[sec] W (NAD 1983). Access to 
this area will be temporarily restricted for public safety.

Discussion of Proposed Rule

    The Coast Guard proposes to establish a safety zone on the Atlantic 
Ocean between 7th Street and 25th Street in Ocean City, MD. This safety 
zone bound, by coordinates 38[deg]-20[min]-59.6[sec] N/075[deg]-
03[min]-44.4[sec] W, 38[deg]-21[min]-10[sec] N/075[deg]-04[min]-
19.9[sec] W, 38[deg]-20[min]-03.8[sec] N/075[deg]-04[min]-10.6[sec] W, 
38[deg]-20[min]-14.1[sec] N/075[deg]-04[min]-45.6[sec] W (NAD 1983), 
will be established during the Ocean City Air Show and be enforced from 
10 a.m. to 4 p.m. on June 9, 2008, 10 a.m. to 4 p.m. on June 10, 2008 
and from 10 a.m. to 4 p.m. on June 11, 2008. In the interest of public 
safety, access to the safety zone will be restricted during the 
specified date and times. Except for participants and vessels 
authorized by the Captain of the Port or his Representative, no person 
or vessel may enter or remain in the safety zone.

Regulatory Evaluation

    We developed this proposed rule after considering numerous statutes 
and

[[Page 21295]]

executive orders related to rulemaking. Below we summarize our analysis 
based on 13 of these statutes or executive orders.

Executive Order 12866

    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.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary. Although this 
regulation restricts access to the regulated area, the effect of this 
rule will not be significant because: (i) The safety zone will be in 
effect for a limited duration; and (ii) the Coast Guard will make 
notifications via maritime advisories so mariners can 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 because the zone will only be in place for a 
limited duration and maritime advisories will be issued allowing the 
mariners to adjust their plans accordingly. However, this rule may 
affect the following entities, some of which may be small entities: the 
owners and operators of vessels intending to transit or anchor in that 
portion of the Atlantic Ocean from 10 a.m. to 4 p.m. on June 9, 2008, 
10 a.m. to 4 p.m. on June 10, 2008 and from 10 a.m. to 4 p.m. on June 
11, 2008.
    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 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact Lieutenant Junior 
Grade TaQuitia Winn, Assistant Chief, Waterways Management Division, 
Sector Hampton Roads at (757) 668-5580. The Coast Guard will not 
retaliate against small entities that question or complain about this 
rule or any policy or action of the Coast Guard.

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 between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. We 
invite your comments on how this proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

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

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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 Commandant Instruction 
M16475.lD which guides 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 not likely to 
have a significant effect on the human environment. A preliminary 
``Environmental Analysis Check List'' supporting this preliminary 
determination is 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.

Words of Issuance and Proposed Regulatory Text

    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; 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 Sec.  165.T05-015 to read as follows:


Sec.  165.T05-016  Safety Zone: Ocean City Air Show, Atlantic Ocean, 
Ocean City, MD.

    (a) Location. The following area is a safety zone: All waters of 
the Atlantic Ocean between 7th Street and 25th Street in Ocean City, MD 
bounded by coordinates 38[deg]-20[min]-59.6[sec] N/075[deg]-03[min]-
44.4[sec] W, 38[deg]-21[min]-10[sec] N/075[deg]-04[min]-19.9[sec] W, 
38[deg]-20[min]-03.8[sec] N/075[deg]-04[min]-10.6[sec] W, 38[deg]-
20[min]-14.1[sec] N/075[deg]-04[min]-45.6[sec] W (NAD 1983).
    (b) Definition: Captain of the Port Representative: means any U.S. 
Coast Guard commissioned, warrant or petty officer who has been 
authorized by the Captain of the Port, Hampton Roads, Virginia to act 
on his behalf.
    (c) Regulation:
    (1) In accordance with the general regulations in 165.23 of this 
part, entry into this zone is prohibited unless authorized by the 
Captain of the Port, Hampton Roads or his designated representatives.
    (2) The operator of any vessel in the immediate vicinity of this 
safety zone shall:
    (i) Stop the vessel immediately upon being directed to do so by any 
commissioned, warrant or petty officer on shore or on board a vessel 
that is displaying a U.S. Coast Guard Ensign.
    (ii) Proceed as directed by any commissioned, warrant or petty 
officer on shore or on board a vessel that is displaying a U.S. Coast 
Guard Ensign.
    (d) Contact Information. (1) The Captain of the Port, Hampton Roads 
may be contacted through the Sector Duty Officer at Sector Field Office 
Eastern Shore in Chincoteague, Virginia at telephone number (757) 336-
2889.
    (2) The Coast Guard Representatives enforcing the safety zone can 
be contacted on VHF-FM 13 and 16.
    (e) Effective Period: This regulation will be in effect from 10 
a.m. on June 9, 2008 until 4 p.m. on June 11, 2008.

    Dated: March 26, 2008.
Patrick B. Trapp,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. E8-8469 Filed 4-18-08; 8:45 am]
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