[Federal Register Volume 75, Number 163 (Tuesday, August 24, 2010)]
[Rules and Regulations]
[Pages 51945-51947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20919]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0719]
RIN 1625-AA00


Safety Zone; Potomac River, St. Mary's River, St. Inigoes, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone upon 
specified waters of the St. Mary's River, a tributary of the Potomac 
River. This action is necessary to provide for the safety of life on 
navigable waters during military pyrotechnic flare exercises launched 
from a U.S. Navy helicopter located near St. Inigoes, Maryland. This 
safety zone is intended to protect the maritime public in a portion of 
the St. Mary's River.

DATES: This rule is effective from August 24, 2010 through August 27, 
2010. This rule may be enforced with actual notice starting on August 
16, 2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0719 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0719 in the 
``Keyword'' box, and then clicking ``Search.'' They are 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 Mr. Ronald L. Houck, Sector Baltimore 
Waterways Management Division, Coast Guard; telephone 410-576-2674, e-
mail [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

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because it is contrary to public interest to 
delay the effective date of this rule. Delaying the effective date by 
first publishing an NPRM would be contrary to the safety zone's 
intended objectives because immediate action is needed to protect 
persons and vessels against the hazards associated with a military 
pyrotechnic flare exercise over navigable waters. Such hazards include 
premature detonations, dangerous projectiles and falling or burning 
debris.
    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. Due to the need for immediate 
action, the restriction of vessel traffic is necessary to protect life, 
property and the environment; therefore, a 30-day notice is 
impracticable. Delaying the effective date would be contrary to the 
safety zone's intended objectives of protecting persons and vessels 
involved in the event, and enhancing public and maritime safety.

Basis and Purpose

    Military pyrotechnic flare exercises are necessary to provide 
testing and demonstration of countermeasures designed for military 
aircraft survivability and protection. These exercises are sometimes 
held at locations above or near the navigable waters of the United 
States. The potential hazards associated with pyrotechnic flares are a 
safety concern during such exercises. The purpose of this rule is to 
promote public and maritime safety during a military pyrotechnic flare 
exercise, and to protect mariners transiting the area from the 
potential hazards associated with a pyrotechnic flare exercise, such as 
the accidental discharge of flares, dangerous projectiles, and falling 
hot embers or other debris. This rule is needed to ensure safety on the 
waterway during the scheduled event.

Discussion of Rule

    The Naval Air Warfare Center Aircraft Division, at U.S. Naval Air 
Station Patuxent River, Maryland, will conduct a pyrotechnic flare 
exercise from an airborne CH-53D Sea Stallion helicopter hovering at a 
minimum of 1,000 feet above the surface of the St. Mary's River, near 
St. Inigoes, Maryland. The activity is scheduled for a two hour period 
on a single day during the week of August 16, 2010, and if necessary 
due to inclement weather or availability of aircraft, for a two hour 
period on a single day during the week of August 23, 2010. Due to many 
limiting factors, including when such flights are identified by the 
Navy during weekly requests, the Coast Guard can only be provided a 96-
hour notification of approved flare-dispensing missions.
    The Coast Guard is establishing a temporary safety zone on certain 
waters of the St. Mary's River, near its confluence with the Potomac 
River, within a one nautical mile radius of an airborne CH-53D Sea 
Stallion helicopter in approximate position latitude 38[deg]06'49'' N., 
longitude 76[deg]26'35'' W., located approximately 2,300 yards west-
northwest of Sage Point, Maryland (NAD 1983). The temporary safety zone 
will be enforced for a two hour period on a single day during the week 
of August 16, 2010, and if necessary due to inclement or availability 
of aircraft, for a two hour period on a single day during the week of 
August 23, 2010. The effect of this temporary safety zone will be to 
restrict navigation in the regulated area during the pyrotechnic flare 
exercise. No person or vessel may enter or remain in the safety zone. 
Vessels will be allowed to transit the waters of the St. Mary's River 
outside the safety zone. Notification of the temporary safety zone will 
be provided to the public via marine information broadcasts.

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.

[[Page 51946]]

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 safety zone will restrict 
vessel traffic, there is little vessel traffic associated with 
commercial fishing, and recreational boating in the area. In addition, 
the effect of this rule will not be significant because the safety zone 
is of limited duration and size. For the above reasons, the Coast Guard 
does not anticipate any significant economic impact.

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 will affect the following entities, some of which 
may be small entities: The owners or operators of vessels intending to 
operate, transit, or anchor in a portion of the St. Mary's River, near 
its confluence with the Potomac River, located near St. Inigoes, 
Maryland, for a two hour period on a single day during the week of 
August 16, 2010, and if necessary due to inclement weather or 
availability of aircraft, for a two hour period on a single day during 
the week of August 23, 2010. This safety zone will not have a 
significant economic impact on a substantial number of small entities 
for the following reasons. The safety zone is of limited size and 
duration. In addition, before the effective periods, the Coast Guard 
will issue maritime advisories widely available to users of the 
waterway to allow mariners to make alternative plans for transiting the 
affected area.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can 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 (adjusted for 
inflation) 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 cause 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 
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

[[Page 51947]]

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 that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of 
the Instruction. This rule involves establishing a temporary safety 
zone. An environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

List of Subjects in 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.T05-0719 to read as follows:


Sec.  165.T05-0719  Safety Zone; Potomac River, St. Mary's River, St. 
Inigoes, MD.

    (a) Regulated Area. The following area is a safety zone: All waters 
in the St. Mary's River, near its confluence with the Potomac River, 
within a one nautical mile radius of an airborne CH-53D Sea Stallion 
helicopter in approximate position latitude 38[deg]06''49'' N, 
longitude 76[deg]26'35'' W, located approximately 2,300 yards west-
northwest of Sage Point, Maryland (NAD 1983).
    (b) Regulations. The general safety zone regulations found in Sec.  
165.23 apply to the safety zone created by this temporary section, 
Sec.  165.T05-0719.
    (1) All vessels and persons are prohibited from entering this zone, 
except as authorized by the Coast Guard Captain of the Port Baltimore.
    (2) Persons or vessels requiring entry into or passage within the 
zone must request authorization from the Captain of the Port Baltimore 
or his designated representative by telephone at 410-576-2693 or on 
VHF-FM marine band radio channel 16.
    (3) All Coast Guard assets enforcing this safety zone can be 
contacted on VHF-FM marine band radio channels 13 and 16.
    (4) The operator of any vessel within or 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 board a vessel displaying a 
Coast Guard Ensign, and
    (ii) Proceed as directed by any commissioned, warrant or petty 
officer on board a vessel displaying a Coast Guard Ensign.
    (c) Definitions. Captain of the Port Baltimore means the Commander, 
Coast Guard Sector Baltimore or any Coast Guard commissioned, warrant 
or petty officer who has been authorized by the Captain of the Port 
Baltimore to act on his behalf.
    Designated representative means any Coast Guard commissioned, 
warrant, or petty officer who has been authorized by the Captain of the 
Port Baltimore to assist in enforcing the safety zone described in 
paragraph (a) of this section.
    (d) Enforcement. The U.S. Coast Guard may be assisted by Federal, 
State and local agencies in the patrol and enforcement of the zone.
    (e) Enforcement period. This section will be enforced for a two-
hour period on a single day during the week of August 16, 2010, and if 
necessary due to inclement weather or availability of aircraft, for a 
two-hour period on a single day during the week of August 23, 2010.

    Dated: August 5, 2010.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Captain of the Port Baltimore, Maryland.
[FR Doc. 2010-20919 Filed 8-23-10; 8:45 am]
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