[Federal Register: April 21, 2008 (Volume 73, Number 77)]
[Proposed Rules]
[Page 21294-21296]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21ap08-26]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0160]
RIN 1625-AA00
Safety Zone: Ocean City Air Show, Atlantic Ocean, Ocean City, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a safety zone on the
Atlantic Ocean in the vicinity of Ocean City, MD in support of the
Ocean City Air Show. This action is intended to restrict vessel traffic
movement on the Atlantic Ocean to protect mariners from the hazards
associated with the air show.
DATES: Comments and related material must reach the Coast Guard on or
before May 21, 2008.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2008-0160 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Online: http://www.regulations.gov.
(2) 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.
(3) Hand Delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
(4) Fax: 202-493-2251.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Lieutenant Junior Grade TaQuitia Winn, Waterways Management
Division, Sector Hampton Roads at (757) 668-5580. 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. We have an agreement with the
Department of Transportation (DOT) to use the Docket Management
Facility. Please see DOT's ``Privacy Act'' paragraph below.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-0160), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and a mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or hand delivery to the Docket Management Facility at the address
under ADDRESSES; but please submit your comments and material by only
one means. If you submit them 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 them 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. We may change this
proposed rule in view of them.
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 at
any time, click on ``Search for Dockets,'' and enter the docket number
for this rulemaking (USCG-2008-0160) in the Docket ID box, and click
enter. You may also visit either the Docket Management Facility in Room
W12-140 on the ground floor of the DOT West Building, 1200 New Jersey
Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays; or the Commander, Sector
Hampton Roads, Norfolk Federal Building, 200 Granby St., 7th Floor
between 9 a.m. and 3 p.m., Monday through Friday, except Federal
holidays.
Privacy Act
Anyone can search the electronic form of all 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 the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit http://
DocketsInfo.dot.gov.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one 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
On June 9, 2008, June 10, 2008 and June 11, 2008 the town of Ocean
City, MD, will sponsor an air show that is to be held on the Atlantic
Ocean between 7th Street and 25th Street in Ocean City, MD. Due to the
need to protect mariners and the public from the hazards associated
with the air show, a safety zone bound by the following coordinates
will be enforced: 38[deg]-20[min]-59.6[sec] N/075[deg]-03[min]-
44.4[sec] W, 38[deg]-21[min]-10[sec] N/075[deg]-04[min]-19.9[sec] W,
38[deg]-20[min]-03.8[sec] N/075[deg]-04[min]-10.6[sec] W, 38[deg]-
20[min]-14.1[sec] N/075[deg]-04[min]-45.6[sec] W (NAD 1983). Access to
this area will be temporarily restricted for public safety.
Discussion of Proposed Rule
The Coast Guard proposes to establish a safety zone on the Atlantic
Ocean between 7th Street and 25th Street in Ocean City, MD. This safety
zone bound, by coordinates 38[deg]-20[min]-59.6[sec] N/075[deg]-
03[min]-44.4[sec] W, 38[deg]-21[min]-10[sec] N/075[deg]-04[min]-
19.9[sec] W, 38[deg]-20[min]-03.8[sec] N/075[deg]-04[min]-10.6[sec] W,
38[deg]-20[min]-14.1[sec] N/075[deg]-04[min]-45.6[sec] W (NAD 1983),
will be established during the Ocean City Air Show and be enforced from
10 a.m. to 4 p.m. on June 9, 2008, 10 a.m. to 4 p.m. on June 10, 2008
and from 10 a.m. to 4 p.m. on June 11, 2008. In the interest of public
safety, access to the safety zone will be restricted during the
specified date and times. Except for participants and vessels
authorized by the Captain of the Port or his Representative, no person
or vessel may enter or remain in the safety zone.
Regulatory Evaluation
We developed this proposed rule after considering numerous statutes
and
[[Page 21295]]
executive orders related to rulemaking. Below we summarize our analysis
based on 13 of these statutes or executive orders.
Executive Order 12866
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.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. Although this
regulation restricts access to the regulated area, the effect of this
rule will not be significant because: (i) The safety zone will be in
effect for a limited duration; and (ii) the Coast Guard will make
notifications via maritime advisories so mariners can 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 because the zone will only be in place for a
limited duration and maritime advisories will be issued allowing the
mariners to adjust their plans accordingly. However, this rule may
affect the following entities, some of which may be small entities: the
owners and operators of vessels intending to transit or anchor in that
portion of the Atlantic Ocean from 10 a.m. to 4 p.m. on June 9, 2008,
10 a.m. to 4 p.m. on June 10, 2008 and from 10 a.m. to 4 p.m. on June
11, 2008.
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
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact Lieutenant Junior
Grade TaQuitia Winn, Assistant Chief, Waterways Management Division,
Sector Hampton Roads at (757) 668-5580. 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 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 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. We
invite your comments on how this proposed rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.
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
[[Page 21296]]
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 Commandant Instruction
M16475.lD which guides 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 not likely to
have a significant effect on the human environment. A preliminary
``Environmental Analysis Check List'' supporting this preliminary
determination is 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 in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Words of Issuance and Proposed Regulatory Text
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. 1226, 1231; 46 U.S.C. Chapter 701; 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 Sec. 165.T05-015 to read as follows:
Sec. 165.T05-016 Safety Zone: Ocean City Air Show, Atlantic Ocean,
Ocean City, MD.
(a) Location. The following area is a safety zone: All waters of
the Atlantic Ocean between 7th Street and 25th Street in Ocean City, MD
bounded by coordinates 38[deg]-20[min]-59.6[sec] N/075[deg]-03[min]-
44.4[sec] W, 38[deg]-21[min]-10[sec] N/075[deg]-04[min]-19.9[sec] W,
38[deg]-20[min]-03.8[sec] N/075[deg]-04[min]-10.6[sec] W, 38[deg]-
20[min]-14.1[sec] N/075[deg]-04[min]-45.6[sec] W (NAD 1983).
(b) Definition: Captain of the Port Representative: means any U.S.
Coast Guard commissioned, warrant or petty officer who has been
authorized by the Captain of the Port, Hampton Roads, Virginia to act
on his behalf.
(c) Regulation:
(1) In accordance with the general regulations in 165.23 of this
part, entry into this zone is prohibited unless authorized by the
Captain of the Port, Hampton Roads or his designated representatives.
(2) The operator of any vessel 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 shore or on board a vessel
that is displaying a U.S. Coast Guard Ensign.
(ii) Proceed as directed by any commissioned, warrant or petty
officer on shore or on board a vessel that is displaying a U.S. Coast
Guard Ensign.
(d) Contact Information. (1) The Captain of the Port, Hampton Roads
may be contacted through the Sector Duty Officer at Sector Field Office
Eastern Shore in Chincoteague, Virginia at telephone number (757) 336-
2889.
(2) The Coast Guard Representatives enforcing the safety zone can
be contacted on VHF-FM 13 and 16.
(e) Effective Period: This regulation will be in effect from 10
a.m. on June 9, 2008 until 4 p.m. on June 11, 2008.
Dated: March 26, 2008.
Patrick B. Trapp,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. E8-8469 Filed 4-18-08; 8:45 am]
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