Safety Zone; Baltimore Air Show, Patapsco River, Baltimore, MD, 27123-27125 [2012-11193]
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Federal Register / Vol. 77, No. 90 / Wednesday, May 9, 2012 / Rules and Regulations
request prior permission of the Captain
of the Port, Hampton Roads, Virginia
who can be contacted at telephone
number (757) 638–6637.
(4) U.S. Coast Guard vessels enforcing
the safety zone can be contacted on
VHF–FM marine band radio, channel 13
(156.65 MHz) and channel 16 (156.8
MHz).
(d) Enforcement period: This
regulation will be enforced from 11 a.m.
until 5 p.m. on May 31, 2012, from 11
a.m. until 5 p.m. on June 1, 2012, 11
a.m. until 5 p.m. on June 2, 2012, and
from 11 a.m. until 5 p.m. on June 3,
2012.
Dated: April 25, 2012.
Mark S. Ogle,
Captain, U.S. Coast Guard, Captain of the
Port Hampton Roads.
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 email Mr. Ronald Houck,
U.S. Coast Guard Sector Baltimore, MD;
telephone 410–576–2674, email
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
Coast Guard
On February 27, 2012, we published
a notice of proposed rulemaking
(NPRM) entitled ‘‘Safety Zone;
Baltimore Air Show, Patapsco River,
Baltimore, MD’’ in the Federal Register
(77 FR 13522). We received one
comment on the proposed rule. No
public meeting was requested, and none
was held.
33 CFR Part 165
Background and Purpose
[Docket No. USCG–2012–0076]
The U.S. Navy History & Heritage
Command, Office of Commemorations,
is planning to conduct the ‘‘Baltimore
Air Show’’ on June 15, 2012, June 16,
2012, and June 17, 2012. The public
event will consist of military and
civilian aircraft performing low-flying,
high-speed precision maneuvers and
aerial stunts over specified waters of the
Patapsco River and navigable channels
in Baltimore Harbor. In addition to the
air show dates, military and civilian
aircraft performing in the air show will
conduct practice and demonstration
maneuvers and stunts over specified
waters of the Patapsco River and
navigable channels in Baltimore Harbor
on June 14, 2012. A large spectator fleet
is anticipated for the event, as part of
the War of 1812 Bicentennial
Commemoration activities. To provide
for the safety of participants, spectators,
and transiting vessels, the Coast Guard
will temporarily restrict vessel traffic on
specified waters of the Patapsco River in
the vicinity of the practices,
demonstrations and air shows. To
address safety concerns during the
event, the Captain of the Port, Baltimore
is establishing a safety zone upon
certain waters of the Patapsco River.
This zone addresses safety concerns
immediately outside the aerobatic show
box, including the required patrols of
law enforcement and safety vessels,
establishment of emergency egress
routes, and sponsor-designated
spectator areas.
[FR Doc. 2012–11196 Filed 5–8–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
RIN 1625–AA00
Safety Zone; Baltimore Air Show,
Patapsco River, Baltimore, MD
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone
during the ‘‘Baltimore Air Show’’,
which consists of aerial practices,
performance demonstrations and air
shows, to be held over certain waters of
the Patapsco River adjacent to the Fort
McHenry National Monument and
Historic Shrine in Baltimore, Maryland
from June 14, 2012 through June 17,
2012. 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 Patapsco River
during the event.
DATES: This rule is effective from June
14, 2012 through June 17, 2012.
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–2012–0076 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2012–0076 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ This material is
also available for inspection or copying
at the Docket Management Facility (M–
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SUMMARY:
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27123
Discussion of Comments and Changes
The Coast Guard received one
comment in response to the NPRM. No
public meeting was requested and none
was held. What follows is a review of,
and the Coast Guard’s response to, the
issue that was presented by the
commenter concerning the proposed
regulations.
The commenter, Mr. Dan Leaman of
Spirit and Seadog Cruises, stated that
the proposed Baltimore Air Show ‘‘air
box’’ will prevent their dining cruises
and sightseeing tours from operating in
the outer portions of Baltimore Harbor.
We disagree. The Baltimore Air Show
‘‘air box’’ follows the safety
requirements established by the Federal
Aviation Administration. The proposed
safety zone is tailored to impose a
minimum adverse affect on port
operations and waterway users in the
Patapsco River at Baltimore, Maryland
during the event. Further, discussions
with interested parties will continue
prior to the planned event, and
authorization to transit the area of the
safety zone may be obtained from the
Captain of the Port Baltimore or his
designated representative.
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
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Federal Register / Vol. 77, No. 90 / Wednesday, May 9, 2012 / Rules and Regulations
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. 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).
sroberts on DSK5SPTVN1PROD with RULES
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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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
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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 amends 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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Federal Register / Vol. 77, No. 90 / Wednesday, May 9, 2012 / Rules and Regulations
2. Add a temporary section,
§ 165.T05–0076 to read as follows:
■
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§ 165.T05–0076 Safety Zone; Baltimore Air
Show, Patapsco River, Baltimore, MD.
(a) Regulated areas. The following
locations are a regulated area:
(1) All waters of the Patapsco River,
within an area bounded by a line
connecting position latitude 39°16′00″
N, longitude 076°36′30″ W; thence to
latitude 39°16′00″ N, longitude
076°33′00″ W; thence to latitude
39°14′30″ N, longitude 076°33′00″ W;
thence to latitude 39°14′30″ N,
longitude 076°36′30″ W; thence to the
point of origin, located adjacent to the
Fort McHenry National Monument and
Historic Shrine in Baltimore, Maryland.
(2) Within the regulated area
described in paragraph (a)(1) of this
section, an aerobatic show box is
located on all waters of the Patapsco
River, within an area bounded by a line
connecting position latitude 39°15′44″
N, longitude 076°35′55″ W; to latitude
39°15′19″ N, longitude 076°33′25″ W;
thence to latitude 39°14′49″ N,
longitude 076°33′35″ W; thence to
latitude 39°15′15″ N, longitude
076°36′04″ W; thence to point of origin.
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: The general safety
zone regulations found in 33 CFR
165.23 apply to the safety zone created
by this temporary section, § 165.T05–
0076.
(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. 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
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
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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) 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 from 10 a.m. until 6
p.m. on June 14, 2012, from 10 a.m.
until 6 p.m. on June 15, 2012, from 10
a.m. until 6 p.m. on June 16, 2012, and
from 10 a.m. until 6 p.m. on June 17,
2012.
reporting of electronic copies of
Periodicals publications as a legitimate
form of distribution. Recent advances in
technology allow distribution of
Periodicals publications through various
electronic media channels. According to
the standards that govern the
Periodicals class, all paid circulation for
publications authorized in the General
category, and all requested circulation
for publications authorized in the
Requester category, may be counted
toward the publication’s eligibility for
Periodicals prices.
Efforts to identify the conditions that
allow electronic copies of Periodicals to
be counted with other distribution
outside the mails have been ongoing.
During that time, the transition from
traditional printed copies of Periodicals
to electronic copies of the same
publications has grown. Many factors
contributed to this migration, including
the proliferation of electronic reading
devices and the subscriber’s desire to
read news immediately upon
publication.
Dated: April 24, 2012.
Brian W. Roche,
Commander, U.S. Coast Guard, Acting
Captain of the Port Baltimore.
Comments
We received 28 comments. One
included a survey conducted by the
National Newspaper Association
requesting feedback from publishers of
small circulation publications. 27
individuals and all who responded to
the survey approved this modification
and recommended immediate adoption.
One commenter expressed concern
stating that this change does not clearly
state the conditions of continuing
eligibility. Additional language has been
added to our proposed standards to
clarify eligibility requirements.
The Postal Service adopts the
following changes to Mailing Standards
of the United States Postal Service,
Domestic Mail Manual (DMM),
incorporated by reference in the Code of
Federal Regulations. See 39 CFR 111.1.
[FR Doc. 2012–11193 Filed 5–8–12; 8:45 am]
BILLING CODE 9110–04–P
POSTAL SERVICE
39 CFR Part 111
Periodicals—Recognition of
Distribution of Periodicals via
Electronic Copies
Postal ServiceTM.
Final rule.
AGENCY:
ACTION:
The Postal Service will revise
the Mailing Standards of the United
States Postal Service, Domestic Mail
Manual (DMM®) 707.6 to permit limited
reporting of electronic copies of
Periodicals publications to satisfy the
circulation standards for Periodicals
qualification. Standards require that at
least 50% of the circulated copies be
distributed to those who subscribe to a
general publication or request a
Requester publication.
DATES: Effective Date: May 9, 2012.
FOR FURTHER INFORMATION CONTACT:
Susan Thomas 202–268–8069.
SUPPLEMENTARY INFORMATION: On,
February 3, 2012, the Postal Service
published a Federal Register proposed
rule Periodicals—Recognition of
Distribution of Periodicals via Electronic
Copies (77 FR 5470–5471) revising
DMM 707.6 by adding optional
SUMMARY:
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List of Subjects in 39 CFR Part 111
Administrative practice and
procedure, Postal Service.
Accordingly, 39 CFR Part 111 is
amended as follows:
PART 111—[AMENDED]
1. The authority citation for 39 CFR
part 111 continues to read as follows:
■
Authority: 5 U.S.C. 552(a); 13 U.S.C. 301–
307; 18 U.S.C. 1692–1737; 39 U.S.C. 101,
401, 403, 404, 414, 416, 3001–3011, 3201–
3219, 3403–3406, 3621, 3622, 3626, 3632,
3633, and 5001.
2. Revise the following sections of
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM) as follows:
■
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]]>Agencies
[Federal Register Volume 77, Number 90 (Wednesday, May 9, 2012)]
[Rules and Regulations]
[Pages 27123-27125]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11193]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0076]
RIN 1625-AA00
Safety Zone; Baltimore Air Show, Patapsco River, Baltimore, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone during
the ``Baltimore Air Show'', which consists of aerial practices,
performance demonstrations and air shows, to be held over certain
waters of the Patapsco River adjacent to the Fort McHenry National
Monument and Historic Shrine in Baltimore, Maryland from June 14, 2012
through June 17, 2012. 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 Patapsco
River during the event.
DATES: This rule is effective from June 14, 2012 through June 17, 2012.
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-2012-0076 and are available online by going to
https://www.regulations.gov, inserting USCG-2012-0076 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 email Mr. Ronald Houck, U.S. Coast Guard Sector
Baltimore, MD; telephone 410-576-2674, email 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 February 27, 2012, we published a notice of proposed rulemaking
(NPRM) entitled ``Safety Zone; Baltimore Air Show, Patapsco River,
Baltimore, MD'' in the Federal Register (77 FR 13522). We received one
comment on the proposed rule. No public meeting was requested, and none
was held.
Background and Purpose
The U.S. Navy History & Heritage Command, Office of Commemorations,
is planning to conduct the ``Baltimore Air Show'' on June 15, 2012,
June 16, 2012, and June 17, 2012. The public event will consist of
military and civilian aircraft performing low-flying, high-speed
precision maneuvers and aerial stunts over specified waters of the
Patapsco River and navigable channels in Baltimore Harbor. In addition
to the air show dates, military and civilian aircraft performing in the
air show will conduct practice and demonstration maneuvers and stunts
over specified waters of the Patapsco River and navigable channels in
Baltimore Harbor on June 14, 2012. A large spectator fleet is
anticipated for the event, as part of the War of 1812 Bicentennial
Commemoration activities. To provide for the safety of participants,
spectators, and transiting vessels, the Coast Guard will temporarily
restrict vessel traffic on specified waters of the Patapsco River in
the vicinity of the practices, demonstrations and air shows. To address
safety concerns during the event, the Captain of the Port, Baltimore is
establishing a safety zone upon certain waters of the Patapsco River.
This zone addresses safety concerns immediately outside the aerobatic
show box, including the required patrols of law enforcement and safety
vessels, establishment of emergency egress routes, and sponsor-
designated spectator areas.
Discussion of Comments and Changes
The Coast Guard received one comment in response to the NPRM. No
public meeting was requested and none was held. What follows is a
review of, and the Coast Guard's response to, the issue that was
presented by the commenter concerning the proposed regulations.
The commenter, Mr. Dan Leaman of Spirit and Seadog Cruises, stated
that the proposed Baltimore Air Show ``air box'' will prevent their
dining cruises and sightseeing tours from operating in the outer
portions of Baltimore Harbor.
We disagree. The Baltimore Air Show ``air box'' follows the safety
requirements established by the Federal Aviation Administration. The
proposed safety zone is tailored to impose a minimum adverse affect on
port operations and waterway users in the Patapsco River at Baltimore,
Maryland during the event. Further, discussions with interested parties
will continue prior to the planned event, and authorization to transit
the area of the safety zone may be obtained from the Captain of the
Port Baltimore or his designated representative.
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
[[Page 27124]]
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.
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.
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 amends
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.
[[Page 27125]]
0
2. Add a temporary section, Sec. 165.T05-0076 to read as follows:
Sec. 165.T05-0076 Safety Zone; Baltimore Air Show, Patapsco River,
Baltimore, MD.
(a) Regulated areas. The following locations are a regulated area:
(1) All waters of the Patapsco River, within an area bounded by a
line connecting position latitude 39[deg]16'00'' N, longitude
076[deg]36'30'' W; thence to latitude 39[deg]16'00'' N, longitude
076[deg]33'00'' W; thence to latitude 39[deg]14'30'' N, longitude
076[deg]33'00'' W; thence to latitude 39[deg]14'30'' N, longitude
076[deg]36'30'' W; thence to the point of origin, located adjacent to
the Fort McHenry National Monument and Historic Shrine in Baltimore,
Maryland.
(2) Within the regulated area described in paragraph (a)(1) of this
section, an aerobatic show box is located on all waters of the Patapsco
River, within an area bounded by a line connecting position latitude
39[deg]15'44'' N, longitude 076[deg]35'55'' W; to latitude
39[deg]15'19'' N, longitude 076[deg]33'25'' W; thence to latitude
39[deg]14'49'' N, longitude 076[deg]33'35'' W; thence to latitude
39[deg]15'15'' N, longitude 076[deg]36'04'' W; thence to point of
origin. 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: The general safety zone regulations found in 33
CFR 165.23 apply to the safety zone created by this temporary section,
Sec. 165.T05-0076.
(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. 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 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) 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 from 10 a.m.
until 6 p.m. on June 14, 2012, from 10 a.m. until 6 p.m. on June 15,
2012, from 10 a.m. until 6 p.m. on June 16, 2012, and from 10 a.m.
until 6 p.m. on June 17, 2012.
Dated: April 24, 2012.
Brian W. Roche,
Commander, U.S. Coast Guard, Acting Captain of the Port Baltimore.
[FR Doc. 2012-11193 Filed 5-8-12; 8:45 am]
BILLING CODE 9110-04-P
