[Federal Register Volume 74, Number 93 (Friday, May 15, 2009)]
[Rules and Regulations]
[Pages 22830-22832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11326]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0064]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

DATES: This rule is effective June 12 through June 14, 2009 from 10 
a.m. to 4 p.m. each day.

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-2009-0064 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-2009-0064 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 or e-mail LT Tiffany Duffy, Chief, Waterways 
Management Division, Sector Hampton Roads, Coast Guard; telephone 757-
668-5580, e-mail [email protected]. If you have questions on 
viewing the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

[[Page 22831]]


SUPPLEMENTARY INFORMATION:

Regulatory Information

    On March 23, 2009, we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zone: Ocean City Air Show, Atlantic Ocean, Ocean 
City, MD in the Federal Register (74 FR 12102). We received no comments 
on the proposed rule. No public meeting was requested, and none was 
held.

Background and Purpose

    Coast Guard Sector Hampton Roads has been notified that from June 
12 through June 14, 2009, Ocean City, MD will host an air show event on 
the Atlantic Ocean between Talbot Street and 33rd Street in Ocean City, 
MD. In recent years, there have been unfortunate instances of jets and 
planes crashing during performances at air shows. Along with the jet or 
plane crash, there is typically a wide area of scattered debris that 
also damages property and could cause significant injury or death to 
mariners observing the air shows. Due to the need to protect mariners 
and the public transiting the Atlantic Ocean immediately below the air 
show from hazards associated with the air show, the Coast Guard is 
establishing a safety zone bound by the following coordinates: 
38[deg]21'30''N/075[deg]03'32''W, 38[deg]21'39''N/075[deg]04'08''W, 
38[deg]29'47''N/075[deg]04'58''W, 38[deg]19'37''N/075[deg]04'20''W (NAD 
1983). Access to this area will be temporarily restricted for public 
safety purposes.

Discussion of Comments and Changes

    The Coast Guard is establishing a safety zone on specified waters 
of the Atlantic Ocean bound by the following coordinates: 
38[deg]21'30''N/075[deg]03'32''W, 38[deg]21'39''N/075[deg]04'08''W, 
38[deg]29'47''N/075[deg]04'58''W, 38[deg]19'37''N/075[deg]04'20''W (NAD 
1983), in the vicinity of Ocean City, Maryland. This safety zone will 
be established in the interest of public safety during the Ocean City 
Air Show and will be enforced from 10 a.m. to 4 p.m. each day from June 
12, through June 14, 2009. 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 Representative, no person or vessel may 
enter or remain in the safety zone. No comments were received on docket 
USCG-2009-0064 regarding this rule and no changes have been made to 
this rule.

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 regulation restricts access 
to the safety zone, the effect of this rule will not be significant 
because: (i) The safety zone will be in effect for a limited duration; 
(ii) the zone is of limited size; and (iii) 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 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 safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: The 
safety zone will only be in place for a limited duration, before the 
effective period of June 12, through June 14, 2009, maritime advisories 
will be issued allowing mariners to 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 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

[[Page 22832]]

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 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 concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(d) of the Instruction and neither an environmental assessment nor 
an environmental impact statement is required. This rule involves a 
temporary safety zone that will be in effect for less than one week. An 
``Environmental Analysis Check List'' supporting this determination is 
available in the docket where indicated under the ``Public 
Participation and Request for Comments'' section of this preamble.

List of Subjects 33 CFR Part 165

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

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
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, 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
2. Add Sec.  165.T05-0064 to read as follows:


Sec.  165.T05-0064  Safety Zone: Ocean City Air Show, Atlantic Ocean, 
Ocean City, MD.

    (a) Regulated Area. The following area is a safety zone: specified 
waters of the Atlantic Ocean bound by the following coordinates: 
38[deg]21'30'' N/075[deg]03'32'' W, 38[deg]21'39'' N/075[deg]04'08'' W, 
38[deg]29'47'' N/075[deg]04'58'' W, 38[deg]19'37'' N/075[deg]04'20'' W 
(NAD 1983), in the vicinity of Ocean City, Maryland.
    (b) Definition: For the purposes of this part, 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) Regulations: (1) In accordance with the general regulations in 
Sec.  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.
    (3) The Captain of the Port, Hampton Roads can be reached through 
the Sector Duty Officer at Sector Hampton Roads in Portsmouth, Virginia 
at telephone number (757) 668-5555.
    (4) The Coast Guard Representatives enforcing the safety zone can 
be contacted on VHF-FM marine band radio channel 13 (165.65Mhz) and 
channel 16 (156.8 Mhz).
    (d) Enforcement Period: This regulation will be in enforced from 10 
a.m. to 4 p.m. daily from June 12, 2009 to June 14, 2009.

    Dated: May 1, 2009.
M.S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. E9-11326 Filed 5-14-09; 8:45 am]
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