Special Local Regulations for Marine Events; Patuxent River, Patuxent River, MD, 21547-21550 [E9-10751]
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Federal Register / Vol. 74, No. 88 / Friday, May 8, 2009 / Rules and Regulations
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(3) You may review copies of the service
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2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane
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[FR Doc. E9–10655 Filed 5–7–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 199
[Docket ID: DOD–2007–HA–0048]
TRICARE; Hospital Outpatient
Prospective Payment System (OPPS):
Statement Concerning Additional
Public Comments Following Final Rule
Issuance
hsrobinson on PROD1PC76 with RULES
AGENCY: Office of the Secretary,
Department of Defense (DoD).
ACTION: Response to comments.
Temporary Military Contingency
Payment Adjustment (TMCPA) included
in the final rule will accommodate the
major concerns expressed in the
additional public comments.
Effective Date: The effective date
of the final rule issued December 10,
2008, is unchanged; it continues to be
May 1, 2009.
DATES:
14:27 May 07, 2009
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2009–0107]
RIN 1625–AA08
FOR FURTHER INFORMATION CONTACT:
David Bennett or Martha M. Maxey,
TRICARE Management Activity (TMA),
Medical Benefits and Reimbursement
Branch; telephone: (303) 676–3494 or
(303) 676–3627.
Special Local Regulations for Marine
Events; Patuxent River, Patuxent
River, MD
AGENCY:
SUPPLEMENTARY INFORMATION:
DoD received approximately 300
public comments during the additional
comment period, mostly following a
similar pattern from or on behalf of
hospitals. In the additional public
comments received, there were three
predominant themes: (1) That for some
hospitals, particularly some close to
military installations, TRICARE OPPS
would have a significant financial
impact; (2) DoD should follow the
Medicare precedent in making first-year
OPPS implementation cost neutral; and
(3) DoD should follow the TRICARE
CHAMPUS Maximum Allowable Charge
physician payment system reform
precedent and limit reductions to no
more than 15 percent per year during
the transition period.
DoD is not making any changes to the
final rule. Implementation of the
TMCPAs under the final rule will
accommodate the concerns expressed by
hospitals. TMA has provided
instructions to TRICARE Regional
Offices on TMCPAs and included
additional guidance in the TRICARE
Reimbursement Manual, Chapter 13,
Section 3, paragraph III.D.5.g. at https://
manuals.tricare.osd.mil. A Transitional
Adjustment Information Paper is also
available on TMA’s OPPS Web site at
https://www.tricare.mil/opps/.
Dated: May 5, 2009.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. E9–10708 Filed 5–7–09; 8:45 am]
BILLING CODE 5001–06–P
SUMMARY: This document is to inform
the public of DoD’s views regarding the
additional public comments that were
invited by the document published
February 6, 2009 (74 FR 6228), on the
final rule issued December 10, 2008 (73
FR 74945). DoD is making no changes to
the final rule as implementation of the
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21547
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ACTION:
Coast Guard, DHS.
Temporary final rule.
SUMMARY: The Coast Guard is
establishing 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
action will restrict vessel traffic in
portions of the Patuxent River during
the aerial demonstration.
DATES: This rule is effective from May
21 through May 24, 2009.
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–2009–0107 and are
available online by going to https://
www.regulations.gov, selecting the
Advanced Docket Search option on the
right side of the screen, inserting USCG–
2009–0107 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 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 the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On March 24, 2009, we published a
notice of proposed rulemaking (NPRM)
entitled Special Local Regulations for
Marine Events; Patuxent River, Patuxent
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Federal Register / Vol. 74, No. 88 / Friday, May 8, 2009 / Rules and Regulations
River, MD in the Federal Register (74
FR 12287). We received no comments
on the proposed rule. No public meeting
was requested, and none was held.
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. The potential dangers posed
by high performance aircraft operating
in close proximity to adjacent
waterways and to ensure compliance
with FAA rules make special local
regulations necessary. Delaying the
effective date would be contrary to the
public interest, since immediate action
is needed to ensure the safety of the
event participants, patrol vessels,
spectator craft and other vessels
transiting the event area. However, the
Coast Guard will provide advance
notifications to users of the effected
waterways via marine information
broadcasts, local notice to mariners,
commercial radio stations and area
newspapers.
Background and Purpose
On May 23, 2009 and May 24, 2009,
U.S. Naval Air Station Patuxent River,
Maryland will sponsor the ‘‘U.S. Naval
Air Station Patuxent River Air Expo
2009’’. 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 vicinity of the air shows, practices
and demonstrations, and during other
scheduled activities related to the air
show.
hsrobinson on PROD1PC76 with RULES
Discussion of Comments and Changes
The Coast Guard did not receive
comments in response to the notice of
proposed rulemaking (NPRM) published
in the Federal Register. Accordingly,
the Coast Guard is establishing
temporary special local regulations on
specified waters of the Patuxent River,
MD.
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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 rule prevents vessel
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 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
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 Coast
Guard Patrol Commander. Before the
enforcement period, the Coast Guard
will issue maritime advisories so
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mariners can 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
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Federal Register / Vol. 74, No. 88 / Friday, May 8, 2009 / Rules and Regulations
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.
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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
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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 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 concluded this action is one of the
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under section 2.B.2, Figure 2–
1, paragraph (34)(h), of the Instruction.
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.
Such events 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
events and activities includes but is not
limited to sail boat regattas, boat
parades, power boat racing, swimming
events, crew racing, and sail board
racing.
Under figure 2–1, paragraph (34)(h),
of the Instruction, an environmental
analysis checklist and a categorical
exclusion determination are not
required for this 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 amends 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
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21549
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
of the U.S. Coast Guard 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. on May 23 and 24, 2009.
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Federal Register / Vol. 74, No. 88 / Friday, May 8, 2009 / Rules and Regulations
Dated: April 27, 2009.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. E9–10751 Filed 5–7–09; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2009–0288]
Safety Zone; Chicago Harbor, Navy
Pier East, Chicago, IL
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
SUMMARY: The Coast Guard will enforce
the Navy Pier East Safety Zone in
Chicago Harbor from 9 p.m. until 9:40
p.m. on May 22, 2009. This action is
necessary to protect vessels and people
from the hazards associated with
fireworks displays. All vessels must
obtain permission from the Captain of
the Port or his on-scene representative
to enter, move within or exit the safety
zone.
DATES: The regulations in § 165.933 will
be enforced from 9 p.m. on May 22,
2009 to 9:40 p.m. on May 22, 2009.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice, call
or e-mail LCDR Kimber Bannan,
Prevention Department, Coast Guard
Sector Lake Michigan, Milwaukee, WI at
(414) 747–7154, e-mail
Kimber.L.Bannon@uscg.mil.
The Coast
Guard will enforce the Safety Zone,
Navy Pier East, Chicago Harbor,
Chicago, IL, found in 33 CFR 165.933
(published on June 13, 2007 at 72 FR
32525) on May 22, 2009 from 9 p.m.
through 9:40 p.m., for the Municipal
Clerks of Illinois Fireworks.
The general regulations in 33 CFR
165.23 apply. All persons and vessels
must comply with the instructions of
the Coast Guard Captain of the Port or
a designated representative. All vessels
must obtain permission from the
Captain of the Port or his designated
representative to enter, move within or
exit the safety zone. Vessels and persons
granted permission to enter the safety
zone shall obey all lawful orders or
directions of the Captain of the Port or
a designated representative. While
within a safety zone, all vessels shall
operate at the minimum speed
necessary to maintain a safe course.
hsrobinson on PROD1PC76 with RULES
SUPPLEMENTARY INFORMATION:
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Upon being hailed by the U.S. Coast
Guard by siren, radio, flashing light or
other means, the operator of a vessel
shall proceed as directed.
This notice is issued under authority
of 33 CFR 165.933 Safety Zone, Navy
Pier East, Chicago Harbor, Chicago, IL,
and 5 U.S.C. 552(a). In addition to this
notice in the Federal Register, the Coast
Guard will provide the maritime
community with advance notification of
these enforcement periods via broadcast
Notice to Mariners and Local Notice to
Mariners.
The Captain of the Port will issue a
Broadcast Notice to Mariners notifying
the public when enforcement of the
safety zone established by this section is
suspended. The Captain of the Port may
be contacted via U.S. Coast Guard
Sector Lake Michigan on channel 16,
VHF–FM.
Dated: April 23, 2009.
Bruce C. Jones,
Captain, U.S. Coast Guard, Captain of the
Port Lake Michigan.
[FR Doc. E9–10756 Filed 5–7–09; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2009–0043; FRL–8901–8]
Finding of Failure To Submit State
Implementation Plans Required for the
1997 8-Hour Ozone National Ambient
Air Quality Standard; North Carolina
and South Carolina
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: EPA is taking a final action
finding that North Carolina and South
Carolina have failed to submit state
implementation plan (SIP) revisions to
satisfy certain requirements of the Clean
Air Act (CAA) for the 1997 8-hour ozone
national ambient air quality standards
(NAAQS). The submissions at issue
were due because the Charlotte bi-state
area (Charlotte Area), which includes
areas in both North and South Carolina,
is a moderate nonattainment area for the
1997 8-hour ozone standard. Under the
CAA and EPA’s implementing
regulations, states with nonattainment
areas classified as moderate, serious,
severe or extreme were required to
submit by June 15, 2007, SIPs:
demonstrating how each nonattainment
area would attain the 1997 8-hour ozone
standard as expeditiously as practicable
but no later than the applicable dates
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established in the implementing
regulations and demonstrating
reasonable further progress (RFP).
Additionally, states were required by
September 15, 2006, to submit for these
same areas, SIPs demonstrating that
sources specified under the CAA were
subject to reasonably available control
technology requirements (RACT). North
Carolina and South Carolina made these
required submissions but later withdrew
the attainment demonstration
submissions for the Charlotte Area. As
a result, EPA is making a finding of
failure to submit for both North Carolina
and South Carolina of the attainment
demonstrations for the Charlotte Area.
DATES: Effective Date: This action is
effective on May 8, 2009.
FOR FURTHER INFORMATION CONTACT:
General questions concerning this
notice should be addressed to Mr.
Richard A. Schutt, U.S. EPA Region 4;
e-mail: Schutt.dick@epa.gov; telephone
(404) 562–9033.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Statutory Requirements
III. Consequences of Findings of Failure To
Submit
IV. Final Action
V. Statutory and Executive Order Reviews
I. Background
The CAA requires states with areas
that are designated nonattainment for
the 1997 8-hour ozone NAAQS to
develop a SIP providing how such areas
will attain and maintain the NAAQS.
Part D of title I of the CAA specifies the
required elements of a SIP for an area
designated nonattainment. These
requirements include, but are not
limited to, RFP, RACT, and an
attainment demonstration. See CAA
sections 172 and 182. On March 24,
2008, EPA published a final rule in the
Federal Register announcing that EPA
had found that 11 states failed to make
required SIP submissions for 11
nonattainment areas and 3 states or
portions of states in the Ozone
Transport Region. 73 FR 15416. At that
time, EPA was in receipt of the required
submissions from North Carolina and
South Carolina for RFP, RACT and an
attainment demonstration. However,
both North Carolina and South Carolina
have since withdrawn their attainment
demonstration submittals, thus resulting
in their failure to submit a required SIP.
EPA received the required submittals
from North Carolina on June 15, 2007,
and South Carolina on August 31, 2007.
EPA reviewed the submittals, as well as
air quality data from the ozone season
in 2007 and, more recently, preliminary
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]]>Agencies
[Federal Register Volume 74, Number 88 (Friday, May 8, 2009)]
[Rules and Regulations]
[Pages 21547-21550]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10751]
=======================================================================
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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: Temporary final rule.
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SUMMARY: The Coast Guard is establishing 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 action will restrict vessel
traffic in portions of the Patuxent River during the aerial
demonstration.
DATES: This rule is effective from May 21 through May 24, 2009.
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-2009-0107 and are available online by going to
https://www.regulations.gov, selecting the Advanced Docket Search option
on the right side of the screen, inserting USCG-2009-0107 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 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 the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On March 24, 2009, we published a notice of proposed rulemaking
(NPRM) entitled Special Local Regulations for Marine Events; Patuxent
River, Patuxent
[[Page 21548]]
River, MD in the Federal Register (74 FR 12287). We received no
comments on the proposed rule. No public meeting was requested, and
none was held.
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. The potential dangers posed by
high performance aircraft operating in close proximity to adjacent
waterways and to ensure compliance with FAA rules make special local
regulations necessary. Delaying the effective date would be contrary to
the public interest, since immediate action is needed to ensure the
safety of the event participants, patrol vessels, spectator craft and
other vessels transiting the event area. However, the Coast Guard will
provide advance notifications to users of the effected waterways via
marine information broadcasts, local notice to mariners, commercial
radio stations and area newspapers.
Background and Purpose
On May 23, 2009 and May 24, 2009, U.S. Naval Air Station Patuxent
River, Maryland will sponsor the ``U.S. Naval Air Station Patuxent
River Air Expo 2009''. 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 vicinity of the air shows, practices and
demonstrations, and during other scheduled activities related to the
air show.
Discussion of Comments and Changes
The Coast Guard did not receive comments in response to the notice
of proposed rulemaking (NPRM) published in the Federal Register.
Accordingly, the Coast Guard is establishing temporary special local
regulations on specified waters of the Patuxent River, MD.
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 rule prevents vessel 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 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 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 Coast Guard Patrol Commander. Before the enforcement
period, the Coast Guard will issue maritime advisories so mariners can
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
[[Page 21549]]
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 Department of Homeland Security
Management 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 concluded
this action is one of the category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under section 2.B.2, Figure 2-1,
paragraph (34)(h), of the Instruction. 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.
Such events 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 events and activities includes but is not limited
to sail boat regattas, boat parades, power boat racing, swimming
events, crew racing, and sail board racing.
Under figure 2-1, paragraph (34)(h), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.
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.
0
2. Add a temporary section, Sec. 100.35-T05-0107 to read as follows:
Sec. 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[deg]17'39'' N, longitude 076[deg]25'47'' W; thence to
latitude 38[deg]17'47'' N, longitude 076[deg]26'00'' W; thence to
latitude 38[deg]18'09'' N, longitude 076[deg]25'40'' W; thence to
latitude 38[deg]18'00'' N, longitude 076[deg]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[deg]18'41'' N,
longitude 076[deg]23'43'' W; to latitude 38[deg]18'16'' N, longitude
076[deg]22'35'' W; thence to latitude 38[deg]18'12'' N, longitude
076[deg]22'37'' W; thence to latitude 38[deg]18'36'' N, longitude
076[deg]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 of the U.S. Coast Guard 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. on May 23 and 24,
2009.
[[Page 21550]]
Dated: April 27, 2009.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E9-10751 Filed 5-7-09; 8:45 am]
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