[Federal Register Volume 76, Number 120 (Wednesday, June 22, 2011)]
[Proposed Rules]
[Pages 36447-36450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15586]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0426]
RIN 1625-AA00


Safety Zone; 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 a temporary safety zone 
during the ``NAS Patuxent River Air Expo '11'', which consists of 
aerial practices, performance demonstrations and air shows, to be held 
over certain waters of the Patuxent River adjacent to Patuxent River, 
Maryland from September 1, 2011 through September 4, 2011. This 
proposed rule is necessary to provide for the safety of life on 
navigable waters during the event. This action is intended to 
temporarily restrict vessel traffic in portions of the Patuxent River 
during the event.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 22, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-0426 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 Mr. Ronald Houck, Sector Baltimore Waterways 
Management Division, Coast Guard; telephone 410-576-2674, 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.

[[Page 36448]]

Submitting comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2011-0426), 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 
``Proposed Rule'' and insert ``USCG-2011-0426'' 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-2011-0426'' 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 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 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

    U.S. Naval Air Station Patuxent River, Maryland is planning to 
conduct the ``NAS Patuxent River Air Expo '11'' on September 3, 2011 
and September 4, 2011. 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 September 3, 2011 
and September 4, 2011, 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 on September 1, 2011 and 
September 2, 2011. To provide for the safety of participants, 
spectators, and transiting vessels, the Coast Guard proposes to 
temporarily restrict vessel traffic on specified waters of the Patuxent 
River in the vicinity of the air shows, practices and demonstrations, 
and during other scheduled activities related to the air show. To 
address safety concerns during the event, the Captain of the Port, 
Baltimore proposes to establish a safety zone upon certain waters of 
the Patuxent River.

Discussion of Proposed Rule

    The Captain of the Port Baltimore is proposing to establish a 
temporary safety zone for certain waters of the lower Patuxent River, 
located adjacent to the shoreline at U.S. Naval Air Station Patuxent 
River, Patuxent River, Maryland. One area of the proposed zone is 
located between Fishing Point and the base of the break wall marking 
the entrance to the East Patuxent 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. Another area of the 
proposed zone is located north of the West Patuxent Basin at Naval Air 
Station Patuxent River, within an area bounded by a line drawn from a 
position at latitude 38[deg]18'04'' N, longitude 076[deg]27'35'' W; to 
latitude 38[deg]18'09'' N, longitude 076[deg]27'33'' W; thence to 
latitude 38[deg]17'51'' N, longitude 076[deg]26'22'' W; thence to 
latitude 38[deg]17'46'' N, longitude 076[deg]26'23'' W; thence to point 
of origin. Vessels underway in the safety zone at the time this safety 
zone is implemented will be required to immediately proceed out of the 
zone. Entry into this zone will be prohibited unless authorized by the 
Captain of the Port Baltimore or his designated representative. U.S. 
Coast Guard vessels will be provided to enforce the safety zone. The 
Captain of the Port Baltimore will issue Broadcast Notices to Mariners 
to publicize the safety zone and notify the public of changes in the 
status of the zone. Such notices will continue until the event is 
complete.

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 safety zone 
restricts vessel traffic through the affected area, the effect of this 
regulation will not be significant due to the limited

[[Page 36449]]

size and duration that the regulated area will be in effect. In 
addition, notifications will be made to the maritime community via 
marine information broadcasts so mariners may 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 proposed rule may affect the following 
entities, some of which might be small entities: The owners or 
operators of vessels intending to operate or transit through or within 
the safety zone during the enforcement period. The 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. Smaller vessels not constrained by their draft, which are 
more likely to be small entities, may transit around the safety zone. 
Maritime advisories will be widely available to the maritime community 
before the effective period.
    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 Mr. Ronald L. Houck, Coast Guard 
Sector Baltimore, Waterways Management Division, at telephone number 
410-576-2674. 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 (adjusted for 
inflation) 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 that 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

[[Page 36450]]

under ADDRESSES. This proposed rule involves establishing a temporary 
safety zone. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.
    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. 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 a temporary section, Sec.  165.T05-0426 to read as follows:


Sec.  165-T05-0426  Safety Zone; Patuxent River, Patuxent River, MD.

    (a) Regulated area. The following locations are regulated areas:
    (1) All waters of the lower Patuxent River, near Patuxent River, 
Maryland, located between Fishing Point and the base of the break wall 
marking the entrance to the East Patuxent Basin at Naval Air Station 
Patuxent River, within an area bounded by a line connecting position 
latitude 38[deg]17[min]39[sec] N, longitude 076[deg]25[min]47[sec] W; 
thence to latitude 38[deg]17[min]47[sec] N, longitude 
076[deg]26[min]00[sec] W; thence to latitude 38[deg]18[min]09[sec] N, 
longitude 076[deg]25[min]40[sec] W; thence to latitude 
38[deg]18[min]00[sec] N, longitude 076[deg]25[min]25[sec] W, located 
along the shoreline at U.S. Naval Air Station Patuxent River, Maryland.
    (2) All waters of the lower Patuxent River, near Patuxent River, 
Maryland, located north of the West Patuxent Basin at Naval Air Station 
Patuxent River, within an area bounded by a line drawn from a position 
at latitude 38[deg]18[min]04[sec] N, longitude 076[deg]27[min]35[sec] 
W; to latitude 38[deg]18[min]09[sec] N, longitude 
076[deg]27[min]33[sec] W; thence to latitude 38[deg]17[min]51[sec] N, 
longitude 076[deg]26[min]22[sec] W; thence to latitude 
38[deg]17[min]46[sec] N, longitude 076[deg]26[min]23[sec] W; thence to 
point of origin, located adjacent to the shoreline at U.S. Naval Air 
Station Patuxent River, Maryland. All coordinates reference Datum NAD 
1983.
    (b) Definitions: As used in this section: (1) Captain of the Port 
Baltimore means the Commander, U.S. Coast Guard Sector Baltimore, 
Maryland.
    (2) 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.
    Regulations: (1) All persons are required to comply with the 
general regulations governing safety zones found in 33 CFR 165.23.
    (2) Entry into or remaining in this zone is prohibited unless 
authorized by the Coast Guard Captain of the Port Baltimore. Vessels 
already at berth, mooring, or anchor at the time the safety zone is 
implemented do not have to depart the safety zone. All vessels underway 
within this safety zone at the time it is implemented are to depart the 
zone.
    (3) Persons desiring to transit the area of the safety zone must 
first request authorization from the Captain of the Port Baltimore or 
his designated representative. To seek permission to transit the area, 
the Captain of the Port Baltimore and his designated representatives 
can be contacted at telephone number 410-576-2693 or on Marine Band 
Radio, VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing 
this section can be contacted on Marine Band Radio, VHF-FM channel 16 
(156.8 MHz). Upon being hailed by a U.S. Coast Guard vessel, or other 
Federal, State, or local agency vessel, by siren, radio, flashing 
lights, or other means, the operator of a vessel shall proceed as 
directed. If permission is granted, all persons and vessels must comply 
with the instructions of the Captain of the Port Baltimore or his 
designated representative and proceed at the minimum speed necessary to 
maintain a safe course while within the zone.
    (4) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the zone by Federal, State, and local agencies.
    (d) Enforcement periods: This section will be enforced as follows; 
(1) During the air show practice from 8 a.m. until 6 p.m. on September 
1, 2011.
    (2) Air show practice and modified show from 9 a.m. until 6 p.m. on 
September 2, 2011.
    (3) Twilight performance from 4:30 p.m. until 8:30 p.m. on 
September 2, 2011.
    (4) Air show performances from 8 a.m. until 7 p.m. on September 3, 
2011 and from 8 a.m. until 7 p.m. on September 4, 2011.

    Dated: May 30, 2011.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Captain of the Port Baltimore Maryland.
[FR Doc. 2011-15586 Filed 6-21-11; 8:45 am]
BILLING CODE 9110-04-P