Safety Zone: Hampton Roads Air Show, Back River, Hampton, VA, 12289-12292 [E9-6428]
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Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Proposed Rules
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.
mstockstill on PROD1PC66 with PROPOSALS
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
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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;
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12289
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
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes
establishing a safety zone on the Back
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Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Proposed Rules
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River in the vicinity of Hampton, VA
during the Hampton Roads Air Show.
This action is intended to restrict vessel
traffic movement in the vicinity of
Willoughby Point, VA to protect
mariners from the hazards associated
with air show events. We propose
enforcement of this safety zone from 5
p.m. to 9 p.m. on April 24, 2009, and
daily from 9 a.m. to 5 p.m. on April 25,
and April 26, 2009.
DATES: Comments and related material
must either be submitted to our online
docket via https://www.regulations.gov
on or before April 14, 2009 or reach the
Docket Management Facility by that
date.
ADDRESSES: You may submit comments
identified by docket number USCG–
2009–0018 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://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 Lieutenant Tiffany Duffy,
Chief, 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 https://
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
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01:05 Mar 24, 2009
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rulemaking (USCG–2009–0018),
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
https://www.regulations.gov, select the
Advanced Docket Search option on the
right side of the screen, insert ‘‘USCG–
2009–0018’’ 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
https://www.regulations.gov, select the
Advanced Docket Search option on the
right side of the screen, insert USCG–
2009–0018 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 Commander, Sector Hampton
Roads, Norfolk Federal Building, 200
Granby St., 7th Floor between 9 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
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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
Coast Guard Sector Hampton Roads
has been notified that Langley Air Force
Base will host an air show event in the
vicinity of Willoughby Point, VA
immediately above the Back River,
Hampton, VA. The event is scheduled to
take place April 24, 2009 through April
26, 2009. 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 show. Due to the need to protect
mariners transiting on the Back River
immediately below the Air Show from
the hazards associated with a potential
jet or plane crash, the Coast Guard
proposes that a safety zone bound by the
following coordinates be established:
37°05′35″ N/076°20′47″ W; thence to
37°05′43″ N/076°20′14″ W; thence to
37°05′19″ N/076°20′02″ W; thence to
37°05′12″ N/076°20′18″ W (NAD 1983).
Access to this area will be temporarily
restricted for public safety purposes.
Discussion of Proposed Rule
The Coast Guard proposes
establishing a safety zone on specified
waters of the Back River bound by the
following coordinates: 37°05′35″ N/
076°20′47″ W; thence to 37°05′43″ N/
076°20′14″ W; thence to 37°05′19″ N/
076°20′02″ W; thence to 37°05′12″ N/
076°20′18″ W (NAD 1983), in the
vicinity of Willoughby Point on the
Back River, Hampton, Virginia. This
safety zone is proposed in the interest
of public safety during the Hampton
Roads Air Show and will be enforced
from 5 p.m. to 10 p.m. on April 24, 2009
and from 9 a.m to 5 p.m daily on April
25, 2009 and April 26, 2009. Access to
the safety zone will be restricted during
the specified date 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.
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Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Proposed Rules
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.
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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
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 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 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
April 24, 2009 to April 26, 2009,
maritime advisories will be issued
allowing mariners to 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),
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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 Lieutenant
Tiffany Duffy, 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 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.
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12291
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.
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.
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Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Proposed Rules
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
have 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
figure 2–1, paragraph (34)(g), of the
Instruction, from further environmental
documentation. This proposed rule
involves a temporary safety zone that
will be in effect for less than one week.
We seek any comments or information
that may lead to the discovery of a
significant environmental impact from
this proposed rule. A preliminary
‘‘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. We seek any comments or
information that may lead to discovery
of a significant environmental impact
from this proposed rule’’).
List of Subjects 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 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:
(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 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 enforced from 5 p.m.
to 9 p.m. on April 24, 2009 and 9 a.m.
to 5 p.m. daily on April 25, 2009 and
April 26, 2009.
Dated: January 30, 2009.
Patrick B. Trapp,
Captain, U.S. Coast Guard, Captain of the
Port, Hampton Roads.
[FR Doc. E9–6428 Filed 3–23–09; 8:45 am]
BILLING CODE 4910–15–P
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;
Public Law 107–295, 116 Stat. 2064;
Department of Homeland Security Delegation
No. 0170.1.
DEPARTMENT OF HOMELAND
SECURITY
2. Add § 165.T05–0018 to read as
follows:
[Docket No. USCG–2008–1096]
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(a) Regulated Area. The following area
is a safety zone: All waters in the
vicinity of Willoughby Point on Back
River within the area bounded by
coordinates 37°05′35″ N / 076°20′47″ W,
thence to 37°05′43″ N / 076°20′14″ W,
thence to 37°05′19″ N / 076°20′02″ W,
thence to 37°05′12″ N / 076°20′18″ W.
(NAD 1983), in Hampton, VA.
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Safety Zones: Fireworks Displays in
the Captain of the Port Portland Zone
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes the
establishment of several safety zones in
the Captain of the Port Portland, Oregon
zone for annual fireworks displays that
take place around the 4th of July each
SUMMARY:
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DATES: Comments and related material
must either be submitted to our online
docket via https://www.regulations.gov
on or before May 26, 2009 or reach the
Docket Management Facility by that
date.
ADDRESSES: You may submit comments
identified by docket number USCG–
2008–1096 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://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 BM1 Joshua Lehner, Coast
Guard Sector Portland, 6767 N. Basin
Ave., Portland, OR 97217–3992,
telephone (503) 240–9311. 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
33 CFR Part 165
RIN 1625–AA00
165.T05–0018 Safety Zone: Hampton
Roads Air Show, Back River, Hampton, VA
VerDate Nov<24>2008
Coast Guard
year. The safety zones are necessary to
help ensure the safety of the maritime
public during the events and will do so
by prohibiting all persons and vessels
from entering the safety zones unless
authorized by the Captain of the Port
Portland, Oregon or his designated
representatives.
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We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change, to https://
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–2008–1096),
indicate the specific section of this
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]]>Agencies
[Federal Register Volume 74, Number 55 (Tuesday, March 24, 2009)]
[Proposed Rules]
[Pages 12289-12292]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-6428]
-----------------------------------------------------------------------
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.
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SUMMARY: The Coast Guard proposes establishing a safety zone on the
Back
[[Page 12290]]
River in the vicinity of Hampton, VA during the Hampton Roads Air Show.
This action is intended to restrict vessel traffic movement in the
vicinity of Willoughby Point, VA to protect mariners from the hazards
associated with air show events. We propose enforcement of this safety
zone from 5 p.m. to 9 p.m. on April 24, 2009, and daily from 9 a.m. to
5 p.m. on April 25, and April 26, 2009.
DATES: Comments and related material must either be submitted to our
online docket via https://www.regulations.gov on or before April 14,
2009 or reach the Docket Management Facility by that date.
ADDRESSES: You may submit comments identified by docket number USCG-
2009-0018 using any one of the following methods:
(1) Federal eRulemaking Portal: https://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 Lieutenant Tiffany Duffy, Chief, 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 https://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-2009-0018), 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 https://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2009-0018'' 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 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 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 https://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert USCG-2009-0018 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 Commander,
Sector Hampton Roads, Norfolk Federal Building, 200 Granby St., 7th
Floor between 9 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
Coast Guard Sector Hampton Roads has been notified that Langley Air
Force Base will host an air show event in the vicinity of Willoughby
Point, VA immediately above the Back River, Hampton, VA. The event is
scheduled to take place April 24, 2009 through April 26, 2009. 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 show. Due to the need to protect mariners
transiting on the Back River immediately below the Air Show from the
hazards associated with a potential jet or plane crash, the Coast Guard
proposes that a safety zone bound by the following coordinates be
established: 37[deg]05'35'' N/076[deg]20'47'' W; thence to
37[deg]05'43'' N/076[deg]20'14'' W; thence to 37[deg]05'19'' N/
076[deg]20'02'' W; thence to 37[deg]05'12'' N/076[deg]20'18'' W (NAD
1983). Access to this area will be temporarily restricted for public
safety purposes.
Discussion of Proposed Rule
The Coast Guard proposes establishing a safety zone on specified
waters of the Back River bound by the following coordinates:
37[deg]05'35'' N/076[deg]20'47'' W; thence to 37[deg]05'43'' N/
076[deg]20'14'' W; thence to 37[deg]05'19'' N/076[deg]20'02'' W; thence
to 37[deg]05'12'' N/076[deg]20'18'' W (NAD 1983), in the vicinity of
Willoughby Point on the Back River, Hampton, Virginia. This safety zone
is proposed in the interest of public safety during the Hampton Roads
Air Show and will be enforced from 5 p.m. to 10 p.m. on April 24, 2009
and from 9 a.m to 5 p.m daily on April 25, 2009 and April 26, 2009.
Access to the safety zone will be restricted during the specified date
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.
[[Page 12291]]
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
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 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 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 April 24, 2009 to April 26, 2009, maritime
advisories will be issued allowing mariners to 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 Lieutenant Tiffany Duffy, 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 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 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.
[[Page 12292]]
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 have 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 figure 2-1, paragraph (34)(g), of the Instruction, from
further environmental documentation. This proposed rule involves a
temporary safety zone that will be in effect for less than one week. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule. A preliminary
``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. We
seek any comments or information that may lead to discovery of a
significant environmental impact from this proposed rule'').
List of Subjects 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 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, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5;
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
2. Add Sec. 165.T05-0018 to read as follows:
165.T05-0018 Safety Zone: Hampton Roads Air Show, Back River, Hampton,
VA
(a) Regulated Area. The following area is a safety zone: All waters
in the vicinity of Willoughby Point on Back River within the area
bounded by coordinates 37[deg]05'35'' N / 076[deg]20'47'' W, thence to
37[deg]05'43'' N / 076[deg]20'14'' W, thence to 37[deg]05'19'' N /
076[deg]20'02'' W, thence to 37[deg]05'12'' N / 076[deg]20'18'' W. (NAD
1983), in Hampton, VA.
(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
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 enforced from 5
p.m. to 9 p.m. on April 24, 2009 and 9 a.m. to 5 p.m. daily on April
25, 2009 and April 26, 2009.
Dated: January 30, 2009.
Patrick B. Trapp,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. E9-6428 Filed 3-23-09; 8:45 am]
BILLING CODE 4910-15-P
