[Federal Register: May 15, 2009 (Volume 74, Number 93)]
[Rules and Regulations]
[Page 22830-22832]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15my09-9]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0064]
RIN 1625-AA00
Safety Zone: Ocean City Air Show, Atlantic Ocean, Ocean City, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone on the Atlantic
Ocean in the vicinity of Ocean City, MD to support the Ocean City Air
Show. This action will restrict vessel traffic on the Atlantic Ocean to
protect mariners from the hazards associated with air show events.
DATES: This rule is effective June 12 through June 14, 2009 from 10
a.m. to 4 p.m. each day.
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-2009-0064 and are available online by going to
http://www.regulations.gov, selecting the Advanced Docket Search option
on the right side of the screen, inserting USCG-2009-0064 in the Docket
ID box, pressing Enter, and then clicking on the item in the Docket ID
column. 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 LT Tiffany Duffy, Chief, Waterways
Management Division, Sector Hampton Roads, Coast Guard; telephone 757-
668-5580, e-mail Tiffany.A.Duffy@uscg.mil. If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
[[Page 22831]]
SUPPLEMENTARY INFORMATION:
Regulatory Information
On March 23, 2009, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone: Ocean City Air Show, Atlantic Ocean, Ocean
City, MD in the Federal Register (74 FR 12102). We received no comments
on the proposed rule. No public meeting was requested, and none was
held.
Background and Purpose
Coast Guard Sector Hampton Roads has been notified that from June
12 through June 14, 2009, Ocean City, MD will host an air show event on
the Atlantic Ocean between Talbot Street and 33rd Street in Ocean City,
MD. In recent years, there have been unfortunate instances of jets and
planes crashing during performances at air shows. Along with the jet or
plane crash, there is typically a wide area of scattered debris that
also damages property and could cause significant injury or death to
mariners observing the air shows. Due to the need to protect mariners
and the public transiting the Atlantic Ocean immediately below the air
show from hazards associated with the air show, the Coast Guard is
establishing a safety zone bound by the following coordinates:
38[deg]21'30''N/075[deg]03'32''W, 38[deg]21'39''N/075[deg]04'08''W,
38[deg]29'47''N/075[deg]04'58''W, 38[deg]19'37''N/075[deg]04'20''W (NAD
1983). Access to this area will be temporarily restricted for public
safety purposes.
Discussion of Comments and Changes
The Coast Guard is establishing a safety zone on specified waters
of the Atlantic Ocean bound by the following coordinates:
38[deg]21'30''N/075[deg]03'32''W, 38[deg]21'39''N/075[deg]04'08''W,
38[deg]29'47''N/075[deg]04'58''W, 38[deg]19'37''N/075[deg]04'20''W (NAD
1983), in the vicinity of Ocean City, Maryland. This safety zone will
be established in the interest of public safety during the Ocean City
Air Show and will be enforced from 10 a.m. to 4 p.m. each day from June
12, through June 14, 2009. 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 Representative, no person or vessel may
enter or remain in the safety zone. No comments were received on docket
USCG-2009-0064 regarding this rule and no changes have been made to
this rule.
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 regulation restricts access
to the safety zone, the effect of this rule will not be significant
because: (i) The safety zone will be in effect for a limited duration;
(ii) the zone is of limited size; and (iii) 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 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 safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: The
safety zone will only be in place for a limited duration, before the
effective period of June 12, through June 14, 2009, maritime advisories
will be issued allowing mariners to adjust their plans accordingly.
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 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 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 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
[[Page 22832]]
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)(d) of the Instruction and neither an environmental assessment nor
an environmental impact statement is required. This rule involves a
temporary safety zone that will be in effect for less than one week. An
``Environmental Analysis Check List'' supporting this determination is
available in the docket where indicated under the ``Public
Participation and Request for Comments'' section of this preamble.
List of Subjects 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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. 1226, 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
2. Add Sec. 165.T05-0064 to read as follows:
Sec. 165.T05-0064 Safety Zone: Ocean City Air Show, Atlantic Ocean,
Ocean City, MD.
(a) Regulated Area. The following area is a safety zone: specified
waters of the Atlantic Ocean bound by the following coordinates:
38[deg]21'30'' N/075[deg]03'32'' W, 38[deg]21'39'' N/075[deg]04'08'' W,
38[deg]29'47'' N/075[deg]04'58'' W, 38[deg]19'37'' N/075[deg]04'20'' W
(NAD 1983), in the vicinity of Ocean City, Maryland.
(b) Definition: For the purposes of this part, 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) Regulations: (1) In accordance with the general regulations in
Sec. 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.
(3) The Captain of the Port, Hampton Roads can be reached through
the Sector Duty Officer at Sector Hampton Roads in Portsmouth, Virginia
at telephone number (757) 668-5555.
(4) The Coast Guard Representatives enforcing the safety zone can
be contacted on VHF-FM marine band radio channel 13 (165.65Mhz) and
channel 16 (156.8 Mhz).
(d) Enforcement Period: This regulation will be in enforced from 10
a.m. to 4 p.m. daily from June 12, 2009 to June 14, 2009.
Dated: May 1, 2009.
M.S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. E9-11326 Filed 5-14-09; 8:45 am]
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