[Federal Register Volume 77, Number 90 (Wednesday, May 9, 2012)]
[Rules and Regulations]
[Pages 27123-27125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11193]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0076]
RIN 1625-AA00


Safety Zone; Baltimore Air Show, Patapsco River, Baltimore, 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 ``Baltimore Air Show'', which consists of aerial practices, 
performance demonstrations and air shows, to be held over certain 
waters of the Patapsco River adjacent to the Fort McHenry National 
Monument and Historic Shrine in Baltimore, Maryland from June 14, 2012 
through June 17, 2012. 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 Patapsco 
River during the event.

DATES: This rule is effective from June 14, 2012 through June 17, 2012.

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-2012-0076 and are available online by going to 
http://www.regulations.gov, inserting USCG-2012-0076 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 email Mr. Ronald Houck, U.S. Coast Guard Sector 
Baltimore, MD; telephone 410-576-2674, email [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 February 27, 2012, we published a notice of proposed rulemaking 
(NPRM) entitled ``Safety Zone; Baltimore Air Show, Patapsco River, 
Baltimore, MD'' in the Federal Register (77 FR 13522). We received one 
comment on the proposed rule. No public meeting was requested, and none 
was held.

Background and Purpose

    The U.S. Navy History & Heritage Command, Office of Commemorations, 
is planning to conduct the ``Baltimore Air Show'' on June 15, 2012, 
June 16, 2012, and June 17, 2012. The public event will consist of 
military and civilian aircraft performing low-flying, high-speed 
precision maneuvers and aerial stunts over specified waters of the 
Patapsco River and navigable channels in Baltimore Harbor. In addition 
to the air show dates, military and civilian aircraft performing in the 
air show will conduct practice and demonstration maneuvers and stunts 
over specified waters of the Patapsco River and navigable channels in 
Baltimore Harbor on June 14, 2012. A large spectator fleet is 
anticipated for the event, as part of the War of 1812 Bicentennial 
Commemoration activities. To provide for the safety of participants, 
spectators, and transiting vessels, the Coast Guard will temporarily 
restrict vessel traffic on specified waters of the Patapsco River in 
the vicinity of the practices, demonstrations and air shows. To address 
safety concerns during the event, the Captain of the Port, Baltimore is 
establishing a safety zone upon certain waters of the Patapsco River. 
This zone addresses safety concerns immediately outside the aerobatic 
show box, including the required patrols of law enforcement and safety 
vessels, establishment of emergency egress routes, and sponsor-
designated spectator areas.

Discussion of Comments and Changes

    The Coast Guard received one comment in response to the NPRM. No 
public meeting was requested and none was held. What follows is a 
review of, and the Coast Guard's response to, the issue that was 
presented by the commenter concerning the proposed regulations.
    The commenter, Mr. Dan Leaman of Spirit and Seadog Cruises, stated 
that the proposed Baltimore Air Show ``air box'' will prevent their 
dining cruises and sightseeing tours from operating in the outer 
portions of Baltimore Harbor.
    We disagree. The Baltimore Air Show ``air box'' follows the safety 
requirements established by the Federal Aviation Administration. The 
proposed safety zone is tailored to impose a minimum adverse affect on 
port operations and waterway users in the Patapsco River at Baltimore, 
Maryland during the event. Further, discussions with interested parties 
will continue prior to the planned event, and authorization to transit 
the area of the safety zone may be obtained from the Captain of the 
Port Baltimore or his designated representative.

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

[[Page 27124]]

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. 
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.

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 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. 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.

[[Page 27125]]


0
2. Add a temporary section, Sec.  165.T05-0076 to read as follows:


Sec.  165.T05-0076  Safety Zone; Baltimore Air Show, Patapsco River, 
Baltimore, MD.

    (a) Regulated areas. The following locations are a regulated area:
    (1) All waters of the Patapsco River, within an area bounded by a 
line connecting position latitude 39[deg]16'00'' N, longitude 
076[deg]36'30'' W; thence to latitude 39[deg]16'00'' N, longitude 
076[deg]33'00'' W; thence to latitude 39[deg]14'30'' N, longitude 
076[deg]33'00'' W; thence to latitude 39[deg]14'30'' N, longitude 
076[deg]36'30'' W; thence to the point of origin, located adjacent to 
the Fort McHenry National Monument and Historic Shrine in Baltimore, 
Maryland.
    (2) Within the regulated area described in paragraph (a)(1) of this 
section, an aerobatic show box is located on all waters of the Patapsco 
River, within an area bounded by a line connecting position latitude 
39[deg]15'44'' N, longitude 076[deg]35'55'' W; to latitude 
39[deg]15'19'' N, longitude 076[deg]33'25'' W; thence to latitude 
39[deg]14'49'' N, longitude 076[deg]33'35'' W; thence to latitude 
39[deg]15'15'' N, longitude 076[deg]36'04'' W; thence to point of 
origin. 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: The general safety zone regulations found in 33 
CFR 165.23 apply to the safety zone created by this temporary section, 
Sec.  165.T05-0076.
    (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. 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) 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 from 10 a.m. 
until 6 p.m. on June 14, 2012, from 10 a.m. until 6 p.m. on June 15, 
2012, from 10 a.m. until 6 p.m. on June 16, 2012, and from 10 a.m. 
until 6 p.m. on June 17, 2012.

    Dated: April 24, 2012.
Brian W. Roche,
Commander, U.S. Coast Guard, Acting Captain of the Port Baltimore.
[FR Doc. 2012-11193 Filed 5-8-12; 8:45 am]
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