[Federal Register Volume 79, Number 139 (Monday, July 21, 2014)]
[Proposed Rules]
[Pages 42254-42258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17103]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket No. USCG-2014-0540]
RIN 1625-AA08, AA00


Special Local Regulations for Marine Events and Safety Zone, 
Patapsco River; Baltimore, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish temporary regulations in 
certain waters of the Patapsco River. This action is necessary to 
provide for the safety of life on navigable waters before, during, and 
after the ``Baltimore Air Show,'' which consists of aerial practices, 
performance demonstrations and air shows. The event, scheduled as part 
of the Star-Spangled 200 activities at Baltimore, Maryland, will be 
held over certain waters of the Patapsco River from September 11, 2014, 
through September 14, 2014. This action will restrict vessel traffic in 
portions of the Patapsco River during the event.

DATES: Comments and related material must be received by the Coast 
Guard on or before August 20, 2014. The Coast Guard anticipates that 
this proposed rule will be effective from September 11, 2014 through 
September 14, 2014.

ADDRESSES: You may submit comments identified by docket number 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. Deliveries accepted 
between 9 a.m. and 5 p.m., Monday through Friday, except federal 
holidays. The telephone number is 202-366-9329. See the ``Public 
Participation and Request for Comments'' portion of the SUPPLEMENTARY 
INFORMATION section below for further instructions on submitting 
comments. To avoid duplication, please use only one of these three 
methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 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 or submitting material to the docket, call Cheryl 
Collins, Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking

A. 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.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, 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 at 
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, 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 email 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, 
type the docket number [USCG-2014-0540] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    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.

2. 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, 
type the docket number (USCG-2014-0138) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. 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.

[[Page 42255]]

3. 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).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the 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.

B. Regulatory History and Information

    This rule involves an air show that will take place over the 
Patapsco River in Baltimore, Maryland on September 13, 2014 and 
September 14, 2014 and will attract thousands of spectators on the 
Patapsco River. This rule also involves a designated on-water spectator 
area associated with the air show. The current regulations under 33 CFR 
100 address safety for reoccurring marine events. This marine event 
does not appear in the current regulations; however, as it is a 
regulation to provide effective control over regattas and marine 
parades on the navigable waters of the United States so as to insure 
safety of life in the regatta or marine parade area, this marine event 
therefore needs to be temporarily added.

C. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish special local regulations: 33 U.S.C. 1233, and to establish 
safety zones: 33 U.S.C. 1231.
    The purpose of the rule is to provide for the safety of 
participants, spectators, and transiting vessels from the potential 
hazards associated with an air show, such as aircraft accidents, 
dangerous projectiles, hazardous materials spills and falling debris. 
This rule is necessary to ensure safety of life on navigable waters of 
the United States before, during and after the scheduled Baltimore Air 
Show event.

D. Discussion of Proposed Rule

    The Star Spangled 200, Inc. is sponsoring the ``Baltimore Air 
Show'' on September 13, 2014 and September 14, 2014. 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 September 11, 2014 and 
September 12, 2014. A large spectator fleet is anticipated for the 
event, as part of the Star Spangled 200 activities.
    Through this regulation, the Coast Guard proposes to establish a 
temporary regulated area. The proposed regulated area will encompass 
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 between Port 
Covington and Seagirt Marine Terminal at Baltimore, MD. Within the 
regulated area is a designated spectator area for commercial passenger 
vessels. The spectator area includes all waters of the Patapsco River, 
located between the northern boundary of the regulated area described 
in paragraph (a)(1) of this section at latitude 39[deg]16'00'' N, 
thence southerly to the northern boundary of the safety zone 
represented by a line connecting position latitude 39[deg]15'44'' N, 
longitude 076[deg]35'55'' W; to position latitude 39[deg]15'19'' N, 
longitude 076[deg]33'25'' W, located adjacent to the Fort McHenry 
National Monument and Historic Shrine at Baltimore, MD. This regulated 
area will be enforced from 10 a.m. to 6 p.m. each day from September 
11, 2014 through September 14, 2014.
    Through this regulation, the Coast Guard also proposes to establish 
a safety zone. The proposed safety zone encompasses the aerobatic show 
box, approximately 12,000 feet long and 3,000 feet wide, and is located 
within the regulated area. The temporary safety zone includes all 
waters of the Patapsco River, located within an area bounded by a line 
connecting position latitude 39[deg]15'44'' N, longitude 
076[deg]35'56'' W; to latitude 39[deg]15'19'' N, longitude 
076[deg]33'26'' 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. Access to the safety zone 
will be restricted during the specified dates and times. Except for 
vessels authorized by the Captain of the Port or his designated 
representative, no person or vessel may enter or remain in the safety 
zone. 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.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes or executive orders.

1. 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, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    The economic impact of this rule is not significant for the 
following reasons: The primary impact of these regulations will be on 
vessels wishing to transit the affected waterways during activities 
associated with the Baltimore Air Show beginning on September 11, 2014 
and ending on September 14, 2014. Although these regulations prevent 
traffic from transiting a portion of the Patapsco River during this 
event, that restriction is limited in duration, affects only a limited 
area, and will be well publicized to allow mariners to make alternative 
plans for transiting the affected area. Moreover, the magnitude of the 
event itself will severely hamper or prevent transit of the waterway, 
even absent these regulations designed to ensure it is conducted in a 
safe and orderly fashion.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 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 may be 
small entities: The owners or operators of vessels intending to enter, 
transit through, anchor in, or remain within

[[Page 42256]]

that portion of the Patapsco River encompassed within the special local 
regulations from 10 a.m. to 6 p.m. each day on September 11, 2014, 
September 12, 2014, September 13, 2014, and September 14, 2014, and 
encompassed within the safety zone from 10 a.m. until 6 p.m. each day 
on September 11, 2014, September 12, 2014, September 13, 2014, and 
September 14, 2014. For the reasons discussed in the Regulatory 
Planning and Review section above, this rule will not have a 
significant economic impact on a substantial number of small entities.
    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.

3. 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. 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 the person listed in the FOR FURTHER INFORMATION 
CONTACT, above. 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.

4. Collection of Information

    This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
determined that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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.

8. Taking of Private Property

    This proposed rule would 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.

9. 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.

10. Protection of Children From Environmental Health Risks

    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.

11. 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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. 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.
    This proposed rule involves special local regulations issued in 
conjunction with a regatta or marine parade. This proposed rule 
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 designated spectator 
areas. This rule is categorically excluded from further review under 
paragraph 34(h) of Figure 2-1 of the Commandant Instruction. A 
preliminary environmental analysis checklist supporting this 
determination and a Categorical Exclusion Determination are available 
in the docket where indicated under ADDRESSES.
    Additionally, this proposed rule involves establishing a temporary 
safety zone for an aerobatic show box during an air show. The air show 
is scheduled over navigable waters of the United States and may have 
potential for negative impact on the safety or other interest of 
waterway users and near shore activities in the event area. This rule 
is categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. A preliminary environmental 
analysis checklist supporting this determination and a Categorical 
Exclusion Determination are available in the docket where indicated 
under ADDRESSES.
    We seek any comments or information that may lead to the discovery 
of a significant environmental impact from this proposed rule.

List of Subjects

33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

[[Page 42257]]

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 parts 100 and 165 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Add a temporary section, Sec.  100.35-T05-0540 to read as follows:


Sec.  100.35-T05-0540  Special Local Regulations for Marine Events, 
Patapsco River; Baltimore, MD.

    (a) Regulated areas. The following regulated areas are established 
as special local regulations. All coordinates are North American Datum 
1983.
    (1) Regulated area. The following location is a regulated area: 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 between Port 
Covington and Seagirt Marine Terminal at Baltimore, MD.
    (2) Designated commercial passenger vessel spectator area. The 
following location is a spectator area within the regulated area: All 
waters of the Patapsco River, located between the northern boundary of 
the regulated area described in paragraph (a)(1) of this section at 
latitude 39[deg]16'00'' N, thence southerly to the northern boundary of 
the safety zone represented by a line connecting position latitude 
39[deg]15'44'' N, longitude 076[deg]35'55'' W; to position latitude 
39[deg]15'19'' N, longitude 076[deg]33'25'' W, located adjacent to the 
Fort McHenry National Monument and Historic Shrine at Baltimore, MD.
    (b) Definitions. (1) Coast Guard Patrol Commander means a 
commissioned, warrant, or petty officer of the U. S. Coast Guard who 
has been designated by the Commander, Coast Guard Sector Baltimore.
    (2) Official Patrol means any vessel assigned or approved by 
Commander, Coast Guard Sector Baltimore with a commissioned, warrant, 
or petty officer on board and displaying a Coast Guard ensign.
    (3) Participant means all persons and vessels participating in the 
Baltimore Air Show event under the auspices of the Marine Event Permit 
issued to the event sponsor and approved by Commander, Coast Guard 
Sector Baltimore.
    (4) Spectator means all persons and vessels not registered with the 
event sponsor as participants or official patrol.
    (c) Special local regulations. (1) The Coast Guard Patrol Commander 
may forbid and control the movement of all vessels and persons in the 
regulated area. When hailed or signaled by an official patrol, a vessel 
or person in the regulated area shall immediately comply with the 
directions given. Failure to do so may result in expulsion from the 
area, citation for failure to comply, or both.
    (2) The Coast Guard Patrol Commander may terminate the event, or 
the operation of any participant in the event, at any time it is deemed 
necessary for the protection of life or property. The Coast Guard may 
be assisted in the patrol and enforcement of the regulated area by 
other Federal, State, and local agencies.
    (3) All Coast Guard vessels enforcing this regulated area can be 
contacted on marine band radio VHF-FM channel 16 (156.8 MHz).
    (4) Spectators are allowed inside the regulated area, but must 
remain outside the safety zone at all times. Only commercial passenger 
vessels will be permitted to anchor within the designated spectator 
area described in Paragraph (a)(2) of this section. Spectators may 
contact the Coast Guard Patrol Commander to request permission to pass 
through the regulated area. If permission is granted, spectators shall 
comply with the directions given and must pass directly through the 
regulated area, outside the safety zone, at a safe speed and without 
loitering.
    (5) The Coast Guard will publish a notice in the Fifth Coast Guard 
District Local Notice to Mariners and issue a marine information 
broadcast on VHF-FM marine band radio announcing specific event date 
and times.
    (d) Enforcement period. This section will be enforced from 10 a.m. 
to 6 p.m. on September 11, 2014, from 10 a.m. to 6 p.m. on September 
12, 2014, from 10 a.m. to 6 p.m. on September 13, 2014, and from 10 
a.m. to 6 p.m. on September 14, 2014.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
3. 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.

0
4. Add temporary Sec.  165.T05-0540 to read as follows:


Sec.  165.T05-0540  Safety Zone, Patapsco River; Baltimore, MD.

    (a) Location. The following area is a safety zone: All waters of 
the Patapsco River, within an area bounded by a line connecting 
position latitude 39[deg]15'44'' N, longitude 076[deg]35'56'' W; to 
latitude 39[deg]15'19'' N, longitude 076[deg]33'26'' 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) Regulations. The general safety zone regulations found in 33 
CFR 165.23 apply to the safety zone created by this temporary section, 
Sec.  165.T05.0540.
    (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 or his 
designated representative.
    (3) Persons desiring to transit the area of the safety zone must 
first obtain 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 representative 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 light, 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.
    (c) Definitions. As used in this section:
    Captain of the Port Baltimore means the Commander, U.S. Coast Guard 
Sector Baltimore, Maryland.

[[Page 42258]]

    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 periods. This section will be enforced from 10 a.m. 
to 6 p.m. on September 11, 2014, from 10 a.m. to 6 p.m. on September 
12, 2014, from 10 a.m. to 6 p.m. on September 13, 2014, and from 10 
a.m. to 6 p.m. on September 14, 2014.

    Dated: July 7, 2014.
M. Dean,
Commander, U.S. Coast Guard, Acting Captain of the Port Baltimore.
[FR Doc. 2014-17103 Filed 7-18-14; 8:45 am]
BILLING CODE 9110-04-P