[Federal Register Volume 74, Number 88 (Friday, May 8, 2009)]
[Rules and Regulations]
[Pages 21547-21550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10751]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing 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 action will restrict vessel 
traffic in portions of the Patuxent River during the aerial 
demonstration.

DATES: This rule is effective from May 21 through May 24, 2009.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2009-0107 and are available online by going to 
http://www.regulations.gov, selecting the Advanced Docket Search option 
on the right side of the screen, inserting USCG-2009-0107 in the Docket 
ID box, pressing Enter, and then clicking on the item in the Docket ID 
column. This material is also available for inspection or copying at 
the 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, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary 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 the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On March 24, 2009, we published a notice of proposed rulemaking 
(NPRM) entitled Special Local Regulations for Marine Events; Patuxent 
River, Patuxent

[[Page 21548]]

River, MD in the Federal Register (74 FR 12287). We received no 
comments on the proposed rule. No public meeting was requested, and 
none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. The potential dangers posed by 
high performance aircraft operating in close proximity to adjacent 
waterways and to ensure compliance with FAA rules make special local 
regulations necessary. Delaying the effective date would be contrary to 
the public interest, since immediate action is needed to ensure the 
safety of the event participants, patrol vessels, spectator craft and 
other vessels transiting the event area. However, the Coast Guard will 
provide advance notifications to users of the effected waterways via 
marine information broadcasts, local notice to mariners, commercial 
radio stations and area newspapers.

Background and Purpose

    On May 23, 2009 and May 24, 2009, U.S. Naval Air Station Patuxent 
River, Maryland will sponsor the ``U.S. Naval Air Station Patuxent 
River Air Expo 2009''. 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 vicinity of the air shows, practices and 
demonstrations, and during other scheduled activities related to the 
air show.

Discussion of Comments and Changes

    The Coast Guard did not receive comments in response to the notice 
of proposed rulemaking (NPRM) published in the Federal Register. 
Accordingly, the Coast Guard is establishing temporary special local 
regulations on specified waters of the Patuxent River, MD.

Regulatory Analyses

    We developed this 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 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 rule prevents vessel 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 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 rule will 
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 Coast Guard Patrol Commander. Before the enforcement 
period, the Coast Guard will issue maritime advisories so mariners can 
adjust their plans accordingly.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
better evaluate its effects on them and participate in the rulemaking 
process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). 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 rule calls 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 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 rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and

[[Page 21549]]

Interference with Constitutionally Protected Property Rights.

Civil Justice Reform

    This 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 rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does 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 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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management 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 have concluded 
this action is one of the category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under section 2.B.2, Figure 2-1, 
paragraph (34)(h), of the Instruction. 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. 
Such events 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 events and activities includes but is not limited 
to sail boat regattas, boat parades, power boat racing, swimming 
events, crew racing, and sail board racing.
    Under figure 2-1, paragraph (34)(h), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 100 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-T05-0107 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 of the U.S. Coast Guard 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. on May 23 and 24, 
2009.


[[Page 21550]]


    Dated: April 27, 2009.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E9-10751 Filed 5-7-09; 8:45 am]
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