Safety Zone; Patuxent River, Patuxent River, MD, 51887-51890 [2011-21185]
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Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Rules and Regulations
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.
wreier-aviles on DSKDVH8Z91PROD with RULES
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.
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This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction because it
involves the establishment of a safety
zone. An environmental analysis
checklist and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
List of Subjects in 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 amends 33
CFR part 165 as follows:
51887
prohibited unless authorized by the
Captain of the Port Buffalo or his onscene representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Buffalo or his on-scene representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port Buffalo, is any
Coast Guard commissioned, warrant, or
petty officer who has been designated
by the Captain of the Port Buffalo to act
on his behalf.
(4) Vessel operators desiring to enter
or operate within an enforced safety
zone shall contact the Captain of the
Port Buffalo or his on-scene
representative to obtain permission to
do so. The Captain of the Port Buffalo
or his on-scene representative may be
contacted via VHF Channel 16. Vessel
operators given permission to enter or
operate in the safety zone must comply
with all directions given to them by the
Captain of the Port Buffalo, or his onscene representative.
Dated: August 8, 2011.
S.M. Wischmann,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2011–21186 Filed 8–18–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
Coast Guard
1. The authority citation for Part 165
continues to read as follows:
33 CFR Part 165
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapters 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T09–0718 to read as
follows:
■
§ 165.T09–0718 Safety Zone; Thunder on
Niagara, Niagara River, North Tonawanda,
NY.
(a) Location. The safety zone will
encompass all waters of the Upper
Niagara River, North Tonawanda, NY
starting at position 42° 03′36″ N, 078°
54′45″ W to 43° 03′09″ N, 078°55′21″ W
to 43° 03′00″ N, 078° 53′42″ W to 43°
02′42″ N, 078° 54′09″ W. (DATUM:NAD
83).
(b) Effective and Enforcement Period.
This regulation is effective and will be
enforced from 10 a.m. on August 20,
2011 until 6 p.m. on August 21, 2011.
(c) Regulations.
(1) In accordance with the general
regulations in § 165.23 of this part, entry
into, transiting, or anchoring within the
safety zone established by this section is
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[Docket No. USCG–2011–0426]
RIN 1625–AA00
Safety Zone; Patuxent River, Patuxent
River, MD
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone
during the ‘‘NAS Patuxent River Air
Expo ’11,’’ which consists of aerial
practices, performance demonstrations
and air shows, to be held over certain
waters of the Patuxent River adjacent to
Patuxent River, Maryland from
September 1, 2011 through September 4,
2011. This rule is necessary to provide
for the safety of life on navigable waters
during the event. This action is
intended to temporarily restrict vessel
traffic in portions of the Patuxent River
during the event.
DATES: This rule is effective from
September 1, 2011 through September 4,
2011.
SUMMARY:
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Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Rules and Regulations
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–2011–0426 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2011–0426 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ This material is
also available for inspection or copying
at the Docket Management Facility (M–
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or e-mail Mr. Ronald Houck,
U.S. Coast Guard Sector Baltimore, MD;
telephone 410–576–2674, e-mail
Ronald.L.Houck@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Regulatory Information
On June 22, 2011, we published a
notice of proposed rulemaking (NPRM)
entitled ‘‘Safety Zone; Patuxent River,
Patuxent River, MD’’ in the Federal
Register (76 FR 36447). 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. Due to the need for immediate
action, the restriction of vessel traffic is
necessary to protect life, property and
the environment; therefore, a 30-day
notice is impracticable. Delaying the
effective date would be contrary to the
safety zone’s intended objectives of
protecting persons and vessels, and
enhancing public and maritime safety.
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Background and Purpose
U.S. Naval Air Station Patuxent River,
Maryland is hosting the ‘‘NAS Patuxent
River Air Expo ’11’’ on September 3,
2011 and September 4, 2011. 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,
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on September 3, 2011 and September 4,
2011, 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 proposes to temporarily
restrict vessel traffic on specified waters
of the Patuxent River in the vicinity of
the air shows, practices and
demonstrations, and during other
scheduled activities related to the air
show. To address safety concerns during
the event, the Captain of the Port,
Baltimore is establishing a safety zone
upon certain waters of the Patuxent
River.
Discussion of Comments and Changes
The Coast Guard received no
comments in response to the NPRM. No
public meeting was requested and none
was held.
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 safety zone
restricts vessel traffic through the
affected area, the effect of this regulation
will not be significant due to the limited
size and duration that the regulated area
will be in effect. In addition,
notifications will be made to the
maritime community via marine
information broadcasts so mariners may
adjust their plans accordingly.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
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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 may affect the following
entities, some of which might be small
entities: The owners or operators of
vessels intending to operate or transit
through or within the safety zone during
the enforcement period. The safety zone
will not have a significant economic
impact on a substantial number of small
entities for the following reasons. The
safety zone is of limited size and
duration. Smaller vessels not
constrained by their draft, which are
more likely to be small entities, may
transit around the safety zone. Maritime
advisories will be widely available to
the maritime community before the
effective period.
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.
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Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Rules and Regulations
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 (adjusted for inflation) 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 cause 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.
wreier-aviles on DSKDVH8Z91PROD with RULES
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
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51889
require a Statement of Energy Effects
under Executive Order 13211.
■
Technical Standards
§ 165.T05–0426 Safety Zone; Patuxent
River, Patuxent River, MD.
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves establishing a temporary safety
zone. An environmental analysis
checklist and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
List of Subjects in 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. 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, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
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2. Add temporary § 165.T05–0426 to
read as follows:
(a) Regulated area. The following
locations are regulated areas:
(1) All waters of the lower Patuxent
River, near Patuxent River, Maryland,
located between Fishing Point and the
base of the break wall marking the
entrance to the East Patuxent 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 Patuxent River, Maryland,
located north of the West Patuxent
Basin at Naval Air Station Patuxent
River, within an area bounded by a line
drawn from a position at latitude
38°18′04″ N, longitude 076°27′35″ W; to
latitude 38°18′09″ N, longitude
076°27′33″ W; thence to latitude
38°17′51″ N, longitude 076°26′22″ W;
thence to latitude 38°17′46″ N,
longitude 076°26′23″ W; thence to point
of origin, located adjacent to the
shoreline at U.S. Naval Air Station
Patuxent River, Maryland. All
coordinates reference Datum NAD 1983.
(b) Definitions. As used in this
section:
(1) Captain of the Port Baltimore
means the Commander, U.S. Coast
Guard Sector Baltimore, Maryland.
(2) Designated representative means
any Coast Guard commissioned,
warrant, or petty officer who has been
authorized by the Captain of the Port
Baltimore to assist in enforcing the
safety zone described in paragraph (a) of
this section.
(c) Regulations. (1) All persons are
required to comply with the general
regulations governing safety zones
found in 33 CFR 165.23.
(2) Entry into or remaining in this
zone is prohibited unless authorized by
the Coast Guard Captain of the Port
Baltimore. Vessels already at berth,
mooring, or anchor at the time the safety
zone is implemented do not have to
depart the safety zone. All vessels
underway within this safety zone at the
time it is implemented are to depart the
zone.
(3) Persons desiring to transit the area
of the safety zone must first request
authorization from the Captain of the
Port Baltimore or his designated
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Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Rules and Regulations
representative. To seek permission to
transit the area, the Captain of the Port
Baltimore and his designated
representatives can be contacted at
telephone number 410–576–2693 or on
Marine Band Radio, VHF–FM channel
16 (156.8 MHz). The Coast Guard
vessels enforcing this section can be
contacted on Marine Band Radio, VHF–
FM channel 16 (156.8 MHz). Upon
being hailed by a U.S. Coast Guard
vessel, or other Federal, State, or local
agency vessel, by siren, radio, flashing
lights, or other means, the operator of a
vessel shall proceed as directed. If
permission is granted, all persons and
vessels must comply with the
instructions of the Captain of the Port
Baltimore or his designated
representative and proceed at the
minimum speed necessary to maintain a
safe course while within the zone.
(4) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the zone by Federal,
State, and local agencies.
(d) Enforcement periods. This section
will be enforced as follows:
(1) During the air show practice from
8 a.m. until 6 p.m. on September 1,
2011.
(2) Air show practice and modified
show from 9 a.m. until 6 p.m. on
September 2, 2011.
(3) Twilight performance from
4:30 p.m. until 8:30 p.m. on September
2, 2011.
(4) Air show performances from
8 a.m. until 7 p.m. on September 3, 2011
and from 8 a.m. until 7 p.m. on
September 4, 2011.
Dated: August 4, 2011.
Mark P. O’Malley,
Captain, U.S. Coast Guard, Captain of the
Port Baltimore.
[FR Doc. 2011–21185 Filed 8–18–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Parts 1 and 2
RIN 2009–AN72
Release of Information From
Department of Veterans Affairs
Records
Department of Veterans Affairs.
Final rule.
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AGENCY:
ACTION:
This document amends the
Department of Veterans Affairs (VA)
regulations governing the submission
and processing of requests for
information under the Freedom of
Information Act (FOIA) in order to
SUMMARY:
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implement provisions of the OPEN
Government Act of 2007, and to
reorganize and clarify existing
regulations.
DATES: Effective Date: This final rule is
effective September 19, 2011.
FOR FURTHER INFORMATION CONTACT:
Catherine Nachmann, Staff Attorney,
Office of General Counsel (024),
Department of Veterans Affairs, 810
Vermont Avenue, NW., Washington, DC
20420, (202) 461–7684. (This is not a
toll-free number.)
SUPPLEMENTARY INFORMATION: On
October 14, 2010, VA published a
proposed rule in the Federal Register
(75 FR 63120). We proposed to amend
VA’s regulations pertaining to release of
information under 5 U.S.C. 552 and
implementation of the FOIA, which are
codified at 38 CFR 1.550 through 1.562.
In addition, we proposed to update VA’s
FOIA regulations to implement FOIA
amendments in Open Government Act
of 2007, Public Law 110–175. We also
proposed to accommodate various
means of communication with VA,
streamline existing procedures,
incorporate changes in the procedural
requirements of the FOIA and make
VA’s procedures easier for the public to
understand, and generally reorganize
and renumber the applicable provisions.
VA provided a 60-day comment period,
which ended on December 13, 2010.
We received comments from one
commenter, which generally expressed
support for the proposed rule. The
comments included five
recommendations for modification of
the proposed-rule provisions. We
address each of those recommendations
below.
First, the commenter suggested that
VA modify proposed § 1.561(h)(2) to
direct VA’s FOIA professionals to
provide requesters with a breakdown of
the total fee estimate for their FOIA
request. Proposed § 1.561(h)(2)
prescribed that under circumstances in
which the requester owes a fee, the
FOIA Officer will provide the requester
with an estimate of the fee. We agree
with the commenter that, particularly
under certain circumstances, such as
where the estimated fee is substantial, a
breakdown of the fee would provide
more clarification for the requester. We
believe that as written, however,
§ 1.561(h)(2) adequately addresses the
needs of the public in receiving an
estimate of the fee owed while allowing
necessary flexibility. Providing the
appropriate detail in a particular
estimate will be addressed through
training and internal procedural
guidance for FOIA Officers. The
procedural guidance will be a subject
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covered by VA’s FOIA Handbook. In our
view, the level of detail required for any
estimate provided under this final rule
will depend upon the complexity of the
request. Accordingly, we decline to
prescribe a specific standard for the
estimates required by § 1.561(h)(2).
Second, while the commenter
supported proposed § 1.559(a), which
would allow for informal resolution of
a request before an appeal in
appropriate cases, the commenter
recommended that VA add language to
this section that also directs requesters
to work with VA’s FOIA public liaisons
to resolve disputes.
We note that VA referred to the
availability of FOIA public liaisons in
proposed § 1.552(b) in order to advise
requesters that public liaisons would be
available to assist in the resolution of
requests and to refer requesters to VA’s
FOIA internet home page for additional
information. VA intends to provide
information regarding public liaisons, as
necessary, on its FOIA home page. We
also intend to address the role of VA’s
public liaison personnel in internal
guidance. Overall, we are satisfied that
the proposal for providing notice
regarding public liaisons, without
actually requiring requesters to work
with liaisons, is consistent with the
FOIA, as amended.
Third, proposed § 1.559 addressed
appeals of initial agency determinations
under the FOIA. The commenter
suggested adding language to § 1.559(e)
directing VA to work with the Office of
Government Information Services
(OGIS) to resolve disputes between
FOIA requesters and VA as a nonexclusive alternative to litigation. In a
related comment, the commenter
recommended that the Office of the
General Counsel (OGC) provide notice
regarding the OGIS mediation program
in its final appeal determinations.
The FOIA, as revised, establishes
OGIS’s authority to provide mediation
services. The proposed rule concerned
VA’s administration of the FOIA. VA
proposed to establish binding rules for
the public regarding FOIA requests and
for VA personnel responsible for
processing such requests. Accordingly,
the commenter’s suggestion in this
regard is beyond the scope of this
rulemaking.
Regarding the commenter’s
recommendation that OGC provide
notice concerning OGIS mediation, we
note that DOJ provided guidance to
agencies recommending the inclusion of
notice of OGIS mediation services in
final agency decisions. VA follows
DOJ’s guidance and includes OGIS’s
recommended language in its final
agency determinations. Accordingly, we
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]]>Agencies
[Federal Register Volume 76, Number 161 (Friday, August 19, 2011)]
[Rules and Regulations]
[Pages 51887-51890]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21185]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0426]
RIN 1625-AA00
Safety Zone; Patuxent River, Patuxent River, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone during
the ``NAS Patuxent River Air Expo '11,'' which consists of aerial
practices, performance demonstrations and air shows, to be held over
certain waters of the Patuxent River adjacent to Patuxent River,
Maryland from September 1, 2011 through September 4, 2011. This rule is
necessary to provide for the safety of life on navigable waters during
the event. This action is intended to temporarily restrict vessel
traffic in portions of the Patuxent River during the event.
DATES: This rule is effective from September 1, 2011 through September
4, 2011.
[[Page 51888]]
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-2011-0426 and are available online by going to
https://www.regulations.gov, inserting USCG-2011-0426 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Mr. Ronald Houck, U.S. Coast Guard
Sector Baltimore, MD; telephone 410-576-2674, e-mail
Ronald.L.Houck@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 June 22, 2011, we published a notice of proposed rulemaking
(NPRM) entitled ``Safety Zone; Patuxent River, Patuxent River, MD'' in
the Federal Register (76 FR 36447). 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. Due to the need for immediate
action, the restriction of vessel traffic is necessary to protect life,
property and the environment; therefore, a 30-day notice is
impracticable. Delaying the effective date would be contrary to the
safety zone's intended objectives of protecting persons and vessels,
and enhancing public and maritime safety.
Background and Purpose
U.S. Naval Air Station Patuxent River, Maryland is hosting the
``NAS Patuxent River Air Expo '11'' on September 3, 2011 and September
4, 2011. 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 September 3, 2011
and September 4, 2011, 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
proposes to temporarily restrict vessel traffic on specified waters of
the Patuxent River in the vicinity of the air shows, practices and
demonstrations, and during other scheduled activities related to the
air show. To address safety concerns during the event, the Captain of
the Port, Baltimore is establishing a safety zone upon certain waters
of the Patuxent River.
Discussion of Comments and Changes
The Coast Guard received no comments in response to the NPRM. No
public meeting was requested and none was held.
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 safety zone restricts
vessel traffic through the affected area, the effect of this regulation
will not be significant due to the limited size and duration that the
regulated area will be in effect. In addition, notifications will be
made to the maritime community via marine information broadcasts so
mariners may adjust their plans accordingly.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule may affect the following entities, some of which
might be small entities: The owners or operators of vessels intending
to operate or transit through or within the safety zone during the
enforcement period. The safety zone will not have a significant
economic impact on a substantial number of small entities for the
following reasons. The safety zone is of limited size and duration.
Smaller vessels not constrained by their draft, which are more likely
to be small entities, may transit around the safety zone. Maritime
advisories will be widely available to the maritime community before
the effective period.
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.
[[Page 51889]]
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 (adjusted for
inflation) 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 cause 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 Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves establishing a
temporary safety zone. An environmental analysis checklist and a
categorical exclusion determination are available in the docket where
indicated under ADDRESSES.
List of Subjects in 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
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 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, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add temporary Sec. 165.T05-0426 to read as follows:
Sec. 165.T05-0426 Safety Zone; Patuxent River, Patuxent River, MD.
(a) Regulated area. The following locations are regulated areas:
(1) All waters of the lower Patuxent River, near Patuxent River,
Maryland, located between Fishing Point and the base of the break wall
marking the entrance to the East Patuxent 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 Patuxent River,
Maryland, located north of the West Patuxent Basin at Naval Air Station
Patuxent River, within an area bounded by a line drawn from a position
at latitude 38[deg]18'04'' N, longitude 076[deg]27'35'' W; to latitude
38[deg]18'09'' N, longitude 076[deg]27'33'' W; thence to latitude
38[deg]17'51'' N, longitude 076[deg]26'22'' W; thence to latitude
38[deg]17'46'' N, longitude 076[deg]26'23'' W; thence to point of
origin, located adjacent to the shoreline at U.S. Naval Air Station
Patuxent River, Maryland. All coordinates reference Datum NAD 1983.
(b) Definitions. As used in this section:
(1) Captain of the Port Baltimore means the Commander, U.S. Coast
Guard Sector Baltimore, Maryland.
(2) Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Baltimore to assist in enforcing the safety zone described in
paragraph (a) of this section.
(c) Regulations. (1) All persons are required to comply with the
general regulations governing safety zones found in 33 CFR 165.23.
(2) Entry into or remaining in this zone is prohibited unless
authorized by the Coast Guard Captain of the Port Baltimore. Vessels
already at berth, mooring, or anchor at the time the safety zone is
implemented do not have to depart the safety zone. All vessels underway
within this safety zone at the time it is implemented are to depart the
zone.
(3) Persons desiring to transit the area of the safety zone must
first request authorization from the Captain of the Port Baltimore or
his designated
[[Page 51890]]
representative. To seek permission to transit the area, the Captain of
the Port Baltimore and his designated representatives can be contacted
at telephone number 410-576-2693 or on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz). The Coast Guard vessels enforcing this section
can be contacted on Marine Band Radio, VHF-FM channel 16 (156.8 MHz).
Upon being hailed by a U.S. Coast Guard vessel, or other Federal,
State, or local agency vessel, by siren, radio, flashing lights, or
other means, the operator of a vessel shall proceed as directed. If
permission is granted, all persons and vessels must comply with the
instructions of the Captain of the Port Baltimore or his designated
representative and proceed at the minimum speed necessary to maintain a
safe course while within the zone.
(4) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, and local agencies.
(d) Enforcement periods. This section will be enforced as follows:
(1) During the air show practice from 8 a.m. until 6 p.m. on
September 1, 2011.
(2) Air show practice and modified show from 9 a.m. until 6 p.m. on
September 2, 2011.
(3) Twilight performance from 4:30 p.m. until 8:30 p.m. on
September 2, 2011.
(4) Air show performances from 8 a.m. until 7 p.m. on September 3,
2011 and from 8 a.m. until 7 p.m. on September 4, 2011.
Dated: August 4, 2011.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2011-21185 Filed 8-18-11; 8:45 am]
BILLING CODE 9110-04-P
