[Federal Register Volume 74, Number 161 (Friday, August 21, 2009)]
[Proposed Rules]
[Pages 42220-42222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20095]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0720]
RIN 1625-AA00


Safety Zone; Ocean City Beachfront Air Show, Ocean City, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for the Ocean City Beachfront Air Show, an aerial demonstration to be 
held over the waters of the Atlantic Ocean adjacent to Ocean City, New 
Jersey. This Safety Zone is necessary to provide for the safety of life 
on navigable waters during the event. This proposed action would 
temporarily restrict vessel traffic in portions of the Atlantic Ocean 
adjacent to Ocean City, New Jersey during the aerial demonstration.

DATES: Comments and related material must be received by the Coast 
Guard on or before September 21, 2009 Requests for public meetings must 
be received by the Coast Guard on or before August 28, 2009.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-0720 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 four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail Lieutenant Rebecca Walthour, Chief of Waterways 
Management Branch, Coast Guard Sector Delaware Bay, at 215-271-4889, e-
mail [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-2009-0720), 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 (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone 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, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu, select 
``Notices'' and insert ``USCG-2009-0720'' in the ''Keyword'' box. Click 
``Search'' 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 comments 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, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box, insert USCG-2009-0720 and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit 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. We have an 
agreement with

[[Page 42221]]

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 on or before August 18, 2009, using one of the four 
methods specified under ADDRESSES. Please explain why you believe a 
public meeting 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 September 19-20, 2009, the Ocean City Business and Neighborhood 
Development INC will sponsor the Ocean City Beachfront Air Show. The 
event will consist of high performance jet aircraft performing low 
altitude aerial maneuvers over the waters of the Atlantic Ocean 
adjacent to Ocean City, New Jersey. A fleet of spectator vessels is 
expected to gather nearby to view the aerial demonstration. Due to the 
need for vessel control during the event, vessel traffic will be 
temporarily restricted to provide for the safety of spectators and 
transiting vessels.

Discussion of Proposed Rule

    The Coast Guard proposes to establish a temporary safety zone on 
the North Atlantic Ocean, immediately adjacent to the shoreline at 
Ocean City, New Jersey. Except for persons or vessels authorized by the 
Coast Guard Patrol Commander, no person or vessel may enter or remain 
in the regulated areas during the enforcement period. The Patrol 
Commander will notify the public of specific enforcement times by 
Marine Radio Safety Broadcast. This regulation will be enforced to 
prevent personal injury to mariners and damage to vessel traffic during 
the event.
    The temporary safety zone includes all waters offshore from Ocean 
City, New Jersey, bounded within the following area: Beginning at 
latitude 39[deg]16[min]28[sec] N, longitude 074[deg]33[min]38[sec] W, 
thence southeasterly to latitude 39[deg]16[min]20[sec] N, longitude 
074[deg]33[min]30[sec] W, thence southwesterly to latitude 
39[deg]15[min]38[sec] N, longitude 074[deg]34[min]41[sec] W, thence 
northwesterly to latitude 39[deg]15[min]47[sec] N, longitude 
074[deg]34[min]51[sec] W, thence returning northeasterly to latitude 
39[deg]16[min]28[sec] N, longitude 074[deg]33[min]38[sec] W. All 
coordinates listed for the following safety zones reference Datum NAD 
1983.
    This temporary safety zone will be enforced from 1 p.m. to 3 p.m. 
on September 19, 2009, and from 12 p.m. (noon) to 4 p.m. on September 
20, 2009.

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.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Assessment is unnecessary. Although this 
regulation restricts vessel traffic from transiting a small segment of 
coastal waters near Ocean City, New Jersey, the effect of this 
regulation will not be significant due to the limited duration that the 
regulated area will be in effect and the advance notifications that 
will be made to the maritime community via marine information 
broadcasts and area newspapers 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. This rule will affect the following entities, 
some of which may be small entities: The owners or operators of vessels 
intending to transit coastal waters in the vicinity of Ocean City, New 
Jersey during the event.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule will be in effect for only a short period, from 1 p.m. to 3 p.m. 
on September 19, 2009 and from 12 a.m. (noon) to 4 p.m. on September 
20, 2009. Traffic will be allowed to pass through the zone with the 
permission of the Coast Guard patrol commander. Before the enforcement 
period, we 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 Lieutenant Rebecca Walthour, 
Chief of Waterways Management Branch, Coast Guard Sector Delaware Bay, 
at 215-271-4889, or e-mail [email protected]. 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

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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.

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 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 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. A preliminary 
environmental analysis checklist supporting this determination is 
available in the docket where indicated under ADDRESSES. This proposed 
rule involves creating a temporary safety zone on the waters of the 
Atlantic Ocean offshore from Ocean City, New Jersey, which will 
restrict vessel movement due to a scheduled air show. 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.

    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, 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.

    2. Add Sec.  165.T05-0720, to read as follows:


Sec.  165.T05-0720  Safety Zone; Ocean City Beachfront Air Show, Ocean 
City, NJ.

    (a) Location. A temporary safety zone is created on the coastal 
waters of the North Atlantic Ocean, immediately adjacent to the 
shoreline at Ocean City, NJ, bounded within the following area: 
beginning at latitude 39[deg]16'28'' N, longitude 074[deg]33'38'' W, 
thence southeasterly to latitude 39[deg]16'20'' N, longitude 
074[deg]33'30'' W, thence southwesterly to latitude 39[deg]15'38'' N, 
longitude 074[deg]34'41'' W, thence northwesterly to latitude 
39[deg]15'47'' N, longitude 074[deg]34'51'' W, thence returning 
northeasterly to latitude 39[deg]16'28'' N, longitude 074[deg]33'38'' 
W.
    (b) Regulations. (1) Under the general regulations governing safety 
zones in Sec.  165.23, no person or vessel may enter or navigate within 
this safety zone unless authorized to do so by the Coast Guard or 
designated representatives. Any person or vessel authorized to enter 
the safety zone must operate in strict conformance with any directions 
given by the Coast Guard or designated representative and leave the 
safety zone immediately if the Coast Guard or designated representative 
so orders.
    (2) All Coast Guard assets enforcing this safety zone can be 
contacted on VHF marine band radio, channels 13 and 16. The Captain of 
the Port can be contacted at 215-271-4807.
    (3) The Captain of the Port will notify the public of any changes 
in the status of this safety zone by Marine Safety Radio Broadcast on 
VHF-FM marine band radio, channel 22 (157.1 MHZ).
    (c) Definition. As used in this section, designated representative 
means the Commanding Officer of Sector Delaware Bay or any Coast Guard 
commissioned warrant or petty officer who has been authorized by the 
Captain of the Port to act on his behalf to assist in enforcing this 
section.
    (d) Effective period. This section will be enforced from 1 p.m. to 
3 p.m. on September 19, 2009, and from 12 p.m. (noon) to 4 p.m. on 
September 20, 2009.

    Dated: August 7, 2009.
Meredith L. Austin,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. E9-20095 Filed 8-20-09; 8:45 am]
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