[Federal Register Volume 76, Number 161 (Friday, August 19, 2011)]
[Rules and Regulations]
[Pages 51887-51890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21185]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing 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 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: This rule is effective from September 1, 2011 through September 
4, 2011.

[[Page 51888]]


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-2011-0426 and are available online by going to 
http://www.regulations.gov, inserting USCG-2011-0426 in the ``Keyword'' 
box, and then clicking ``Search.'' 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 Mr. Ronald Houck, U.S. Coast Guard 
Sector Baltimore, MD; 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

    On June 22, 2011, we published a notice of proposed rulemaking 
(NPRM) entitled ``Safety Zone; Patuxent River, Patuxent River, MD'' in 
the Federal Register (76 FR 36447). 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. 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, 
and enhancing public and maritime safety.

Background and Purpose

    U.S. Naval Air Station Patuxent River, Maryland is hosting 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. 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 is establishing a safety zone upon certain waters 
of the Patuxent River.

Discussion of Comments and Changes

    The Coast Guard received no comments in response to the NPRM. No 
public meeting was requested and none was held.

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

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.

[[Page 51889]]

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 
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)(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.

    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

0
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, 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

0
2. Add temporary 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]17'39'' 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 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]18'04'' 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, 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.
    (c) 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

[[Page 51890]]

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: August 4, 2011.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2011-21185 Filed 8-18-11; 8:45 am]
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