[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]



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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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