Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Proposed Rules 12287 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2009–0107] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; Patuxent River, Patuxent 

River, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish temporary special local 

regulations for ‘‘U.S. Naval Air Station 

Patuxent River Air Expo 2009’’, an 

aerial demonstration to be held over the 

waters of the Patuxent River adjacent to 

Patuxent River, Maryland. These special 

local regulations are necessary to 

provide for the safety of life on 

navigable waters during the event. This 

proposed action would restrict vessel 

traffic in portions of the Patuxent River 

during the aerial demonstration. 

DATES: Comments and related material 

must either be submitted to our online 

docket via http://www.regulations.gov 

on or before April 23, 2009 or reach the 

Docket Management Facility by that 

date. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–0107 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. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these methods. For instructions 

on submitting comments, see the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call Dennis Sens, Project Manager, 

Fifth Coast Guard District, Prevention 

Division, at 757–398–6204 or e-mail at 

Dennis.M.Sens@uscg.mil. 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. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2009–0107), 

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, or by fax, mail or hand 

delivery, but please use only one of 

these means. 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. 

To submit your comment online, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert ‘‘USCG– 

2009–0107’’ in the Docket ID box, press 

Enter, and then click on the balloon 

shape in the Actions column. If you 

submit your comments by mail or hand 

delivery, submit them in an unbound 

format, no larger than 81⁄2 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 

and may change the rule based on your 

comments. 

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, select the 

Advanced Docket Search option on the 

right side of the screen, insert USCG– 

2009–0107 in the Docket ID box, press 

Enter, and then click on the item in the 

Docket ID column. You may also visit 

either 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; 

or the Fifth Coast Guard District, 

Prevention Division, 431 Crawford 

Street, Portsmouth, VA 23704 between 

10 a.m. and 2 p.m., Monday through 

Friday, except Federal holidays. We 

have an agreement with the Department 

of Transportation to use the Docket 

Management Facility. 

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). 

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 May 23, 2009 and May 24, 2009, 

U.S. Naval Air Station Patuxent River, 

Maryland will sponsor the ‘‘Patuxent 

River Air Expo ′09’’. 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 May 

21, 2009 and May 22, 2009, 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 

will temporarily restrict vessel traffic in 

the event area during the air shows, 

practices and demonstrations, and 

during other scheduled activities related 

to the air show. 

Discussion of Proposed Rule 

The Coast Guard proposes to establish 

temporary special local regulations on 

specified waters of the Patuxent River. 

The regulated area includes waters of 

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12288 Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Proposed Rules 

the lower Patuxent River, located 

between Fishing Point and the base of 

the break wall marking the entrance to 

the East Seaplane Basin at Naval Air 

Station Patuxent River, which is 

approximately 500 yards long and 900 

yards wide. The regulated area also 

includes waters of the lower Patuxent 

River, located between Hog Point and 

Cedar Point, which is approximately 

2,000 yards long and 167 yards wide. 

The temporary special local regulations 

will be in effect from 9 a.m. on May 21, 

2009 through 6 p.m. on May 24, 2009. 

The effect will be to restrict general 

navigation in the regulated area during 

the event and during scheduled 

activities related to the air show. Except 

for persons or vessels authorized by the 

Coast Guard Patrol Commander, no 

person or vessel may enter or remain in 

the regulated area during the 

enforcement period. The Patrol 

Commander will notify the public of 

specific enforcement times by Marine 

Radio Safety Broadcast. A 75-yard 

restricted area, enforced by the 

Commanding Officer, U.S. Naval Air 

Station, Patuxent River, Maryland, is 

described in Title 33 Code of Federal 

Regulations, Section 334.180. These 

regulations, extending beyond the 

restricted area, are needed to control 

vessel traffic during the event to 

enhance safety of participants, 

spectators and transiting vessels. 

Regulatory Analyses 

We developed this proposed 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 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. 

Although this proposed rule prevents 

traffic from transiting a portion of the 

Patuxent River during the air show 

event, the effect of this regulation will 

not be significant due to the limited 

duration that the regulated area will be 

in effect and the extensive advance 

notifications that will be made to the 

maritime community via marine 

information broadcasts, local radio 

stations and area newspapers so 

mariners can adjust their plans 

accordingly. In some cases vessel traffic 

may be able to transit the regulated area 

when the Coast Guard Patrol 

Commander deems it is safe to do so. 

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. This rule would affect the 

following entities, some of which might 

be small entities: The owners or 

operators of vessels intending to transit 

or anchor in this segment of the 

Patuxent River during the event. This 

regulation will not have a significant 

impact on a substantial number of small 

entities because it will be enforced only 

during the air show. In some cases, 

vessels may be able to safely transit 

around or through the regulated area at 

various times with the permission of the 

Patrol Commander. Before the 

enforcement period, the Coast Guard 

will issue maritime advisories so 

mariners can adjust their plans 

accordingly. 

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 rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact Fifth Coast 

Guard District listed under FOR FURTHER

INFORMATION CONTACT at the beginning of 

this rule. 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. 

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 

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Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Proposed Rules 12289 

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 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 

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 Department of Homeland 

Security Directive 0023.1 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 

made a preliminary determination that 

this action is one of a category of actions 

which do not individually or 

cumulatively have a significant effect on 

the human environment. Therefore, this 

rule is categorically excluded, under 

section 2.B.2. Figure 2–1, paragraph 

34(h), of the Instruction and neither an 

environmental assessment nor an 

environmental impact statement is 

required. This rule involves 

implementation of regulations within 33 

CFR Part 100 that apply to organized 

marine events on the navigable waters 

of the United States that may have 

potential for negative impact on the 

safety or other interest of waterway 

users and shore side activities in the 

event area. The category of water 

activities includes but is not limited to 

sail boat regattas, boat parades, power 

boat racing, swimming events, crew 

racing, and sail board racing. A 

preliminary environmental analysis 

check list supporting this determination 

will be available in the docket where 

indicated under the ‘‘Public 

Participation and Request for 

Comments’’ section of this preamble. 

We seek any comments or information 

that may lead to discovery of a 

significant environmental impact from 

this proposed rule. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

2. Add a temporary section, § 100.35– 

T05–0107 to read as follows: 

§ 100.35–T05–0107 Special Local 

Regulations for Marine Events; Patuxent 

River, Patuxent River, MD. 

(a) Regulated area. The following 

locations are regulated areas: 

(1) All waters of the lower Patuxent 

River, near Solomons, Maryland, 

located between Fishing Point and the 

base of the break wall marking the 

entrance to the East Seaplane Basin at 

Naval Air Station Patuxent River, within 

an area bounded by a line connecting 

position latitude 38°17′39′′ N, longitude 

076°25′47′′ W; thence to latitude 

38°17′47′′ N, longitude 076°26′00′′ W; 

thence to latitude 38°18′09′′ N, 

longitude 076°25′40′′ W; thence to 

latitude 38°18′00′′ N, longitude 

076°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 Solomons, Maryland, 

located between Hog Point and Cedar 

Point, within an area bounded by a line 

drawn from a position at latitude 

38°18′41′′ N, longitude 076°23′43′′ W; to 

latitude 38°18′16′′ N, longitude 

076°22′35′′ W; thence to latitude 

38°18′12′′ N, longitude 076°22′37′′ W; 

thence to latitude 38°18′36′′ N, 

longitude 076°23′46′′ W, located 

adjacent to the shoreline at U.S. Naval 

Air Station Patuxent River, Maryland. 

All coordinates reference Datum NAD 

1983. 

(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. 

(c) Special local regulations: (1) 

Except for persons or vessels authorized 

by the Coast Guard Patrol Commander, 

no person or vessel may enter or remain 

in the regulated area. 

(2) The operator of any vessel in the 

regulated area must: 

(i) Stop the vessel immediately when 

directed to do so by the Coast Guard 

Patrol Commander or any Official 

Patrol. 

(ii) Proceed as directed by the Coast 

Guard Patrol Commander or any Official 

Patrol. 

(d) Enforcement period: This section 

will be enforced as follows: 

(1) During the air show practice from 

9 a.m. to 5 p.m. on May 21, 2009. 

(2) Air show practice and modified 

show from 9 a.m. to 5 p.m. on May 22, 

2009. 

(3) ‘‘Meet the Performers Party’’ (at 

Cedar Point Officers’ Club) performance 

from 6 p.m. to 9 p.m. on May 22, 2009. 

(4) Air show performances from 9 

a.m. to 5 p.m. May 23 and 24, 2009. 

Dated: March 16, 2009. 

Neil O. Buschman, 

Captain, U.S. Coast Guard, Commander, Fifth 

Coast Guard District, Acting. 

[FR Doc. E9–6426 Filed 3–23–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0018] 

RIN 1625–AA00 

Safety Zone: Hampton Roads Air 

Show, Back River, Hampton, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes 

establishing a safety zone on the Back 

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