[Federal Register: August 18, 2005 (Volume 70, Number 159)]
[Rules and Regulations]
[Page 48477-48479]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18au05-2]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-05-090]
RIN 1625-AA08
Special Local Regulation for Marine Events; Patuxent River,
Solomons, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary special local
regulations during the ``Patuxent River Air Expo 2005'', an event to be
held over the waters of the lower Patuxent River near Solomons,
Maryland. These special local regulations are necessary to provide for
the safety of life on navigable waters during the event. This action is
intended to restrict vessel traffic in portions of the Patuxent River
during the event.
DATES: This rule is effective from 9 a.m. on September 2, 2005 to 5
p.m. on September 4, 2005.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD05-05-090 and are available for inspection or
copying at Commander (oax), Fifth Coast Guard District, 431 Crawford
Street, Portsmouth, Virginia 23704-5004, between 9 a.m. and 2 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Dennis Sens, Project Manager,
Auxiliary and Recreational Boating Safety Branch, at (757) 398-6204.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. Due to the late submission of
marine event request by the event organizer, there is not sufficient
time for the publishing of an NPRM before the event. The event will
take place September 2-4, 2005. Publishing an NPRM would be contrary to
the public interest as there is not sufficient time for a notice and
comment period and immediate action is needed to protect persons and
vessels from the event's potential hazards. Because of the danger posed
by low flying aircraft performing precision maneuvers and aerial
stunts, special local regulations are necessary to provide for the
safety of event participants, spectator craft and other vessels
transiting the event area. For the safety concerns noted, it is in the
public interest to have the regulations in effect during the event.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Making this rule effective 30 days
after publication is both impractical and contrary to the public
interest since there is not sufficient time to publish a proposed rule
in advance of the event and immediate action is needed to protect
persons and vessels from the potential hazards associated with this
event. However, advance notifications will be made to affected waterway
users via marine information broadcasts, local radio stations and area
newspapers.
Background and Purpose
From September 2, through September 4, 2005, U.S. Naval Air Station
Patuxent River will conduct the ``Patuxent River Air Expo 2005''. This
event will take place over the waters of the lower Patuxent River,
between Fishing Point and the base of the breakwall marking the
entrance to the East Seaplane Basin at Naval Air Station Patuxent
River. The event will consist of military and civilian aircraft
performing low-flying high speed precision maneuvers and aerial stunts
over the waters of the Patuxent River. To provide for the safety of
spectators and other transiting vessels, the Coast Guard will
temporarily restrict vessel traffic in the event area during the air
show.
Discussion of Rule
The Coast Guard is establishing temporary special local regulations
on specified waters of the lower Patuxent River between Fishing Point
and the base of the breakwall marking the entrance to the East Seaplane
Basin at the Naval Air Station. The regulated area includes a portion
of the waters of the Patuxent River that is approximately 850 yards
long and 700 yards wide. The temporary special local regulations will
be in effect from 9 a.m. on September 2, 2005 until 5 p.m. on September
4, 2005. The effect will be to restrict general navigation in the
regulated area during the event. 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. These regulations are needed to
control vessel traffic during the event to enhance safety of
participants, spectators and transiting vessels.
Regulatory Evaluation
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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary.
Although this regulation will prevent traffic from transiting a
portion of the Patuxent River during the 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 the Local
Notice to Mariners, marine information broadcasts, and area newspapers,
so mariners can adjust their plans accordingly. Additionally, the
regulated area has been narrowly tailored to impose the least impact on
general navigation yet provide the level of safety deemed necessary.
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 rule would affect the following
[[Page 48478]]
entities, some of which might be small entities: the owners or
operators of vessels intending to transit or anchor in a portion of the
Patuxent River during the event.
This rule would not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule would be in effect for only a limited period. Before the
enforcement period, we 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 the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. 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 address listed under
ADDRESSES. 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.
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).
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
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 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 concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(h), of the Instruction, from further
environmental documentation. Special local regulations issued in
conjunction with a regatta or marine parade permit are specifically
excluded from further analysis and documentation under that section.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR Part 100 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; Department of Homeland Security
Delegation No. 0170.1.
[[Page 48479]]
0
2. Add temporary Sec. 100.35-T05-090 to read as follows:
Sec. 100.35-T05-090 Patuxent River, Solomons, Maryland.
(a) Definitions. (1) Coast Guard Patrol Commander means a
commissioned, warrant, or petty officer of the 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.
(b) Regulated area includes all waters of the lower Patuxent River,
near Solomons, Maryland, located between Fishing Point and the base of
the breakwall marking the entrance to the East Seaplane Basin at Naval
Air Station Patuxent River. The regulated area is approximately 850
yards long and 700 yards wide, bounded by a line connecting position,
38[deg]17'58.4'' N, 076[deg]25'28'' W; along the shoreline to
38[deg]17'38.6'' N, 076[deg]25'47.7'' W; thence to 38[deg]17'51.5'' N,
076[deg]26'08.6'' W; thence to 38[deg]18'10.7'' N, 076[deg]25'48.8'' W;
thence to point of origin. All coordinates reference Datum NAD 1983.
(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 any
Official Patrol.
(ii) Proceed as directed by any Official Patrol.
(d) Effective period. This section is effective from 9 a.m. on
September 2, 2005 to 5 p.m. on September 4, 2005.
Dated: August 5, 2005.
L.L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 05-16414 Filed 8-17-05; 8:45 am]
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