[Federal Register Volume 67, Number 177 (Thursday, September 12, 2002)]
[Rules and Regulations]
[Pages 57742-57744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23275]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD05-02-060]
RIN 2115-AA97


Safety Zone; Patapsco River, Northwest and Inner Harbors, 
Baltimore, MD

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
Port of Baltimore, Maryland for the USS CONSTELLATION. This action is 
necessary to provide for the safety of life on navigable waters during 
the dead ship tow of the vessel from its mooring, to the Patapsco 
River, and return. This action will restrict vessel traffic in portions 
of the Inner Harbor, the Northwest Harbor, and the Patapsco River.

DATES: This rule is effective from 8:30 a.m. on September 13, 2002 to 
12:30 p.m. on September 14, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the

[[Page 57743]]

docket, are part of docket CGD05-02-060 and are available for 
inspection or copying at Commander, Coast Guard Activities Baltimore, 
2401 Hawkins Point Road, Baltimore, Maryland 21226, between 9 a.m. and 
3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Ron Houck, Marine Events 
Coordinator, Commander, Coast Guard Activities Baltimore, at (410) 576-
2674.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. The USS CONSTELLATION will be 
towed ``dead ship,'' which means that the vessel will be underway 
without the benefit of mechanical or sail propulsion. For this reason 
it is imperative that there be a clear transit route and a safe buffer 
zone around the USS CONSTELLATION and the vessels towing her. In 
addition, the Coast Guard expects a large spectator fleet. For safety 
concerns, it is in the public interest to have a safety zone in place 
for the event, since immediate action is needed to protect mariners 
against potential hazards associated with the turn-around of the USS 
CONSTELLATION.

Background and Purpose

    The USS CONSTELLATION Museum is sponsoring its annual ``turn-
around'' of the historic sloop-of-war USS CONSTELLATION in Baltimore, 
Maryland. The event is part of the ongoing maintenance and care of the 
ship, making sure that it weathers evenly on both sides. Planned events 
include the ``dead ship'' tow of the USS CONSTELLATION and an onboard 
salute with navy pattern cannon while off Fort McHenry National 
Monument and Historic Site.
    The Coast Guard anticipates a large recreational boating fleet 
during this event. Operators should expect significant vessel 
congestion along the planned route.
    The purpose of this rule is to promote maritime safety and protect 
participants and the boating public in the Port of Baltimore 
immediately prior to, during, and after the scheduled event. The rule 
will provide for a clear transit route for the participating vessels, 
and provide a safety buffer around the participating vessels while they 
are in transit. The rule will impact the movement of all vessels 
operating in the specified areas of the Port of Baltimore.
    Interference with normal port operations will be kept to the 
minimum considered necessary to ensure the safety of life on the 
navigable waters immediately before, during, and after the scheduled 
event.

Discussion of Rule

    The historic sloop-of-war USS CONSTELLATION is scheduled to conduct 
an annual ``turn-around'' on September 13, 2002. The USS CONSTELLATION 
is scheduled to be towed from its berth, to Fort McHenry, and return, 
along a route of approximately 2.5 nautical miles (5 nautical miles 
total) that includes specified waters of the Inner Harbor, Northwest 
Harbor and Patapsco River.
    The safety of dead ship tow participants requires that spectator 
craft be kept at a safe distance from the intended route during these 
vessels' movement. The Coast Guard proposes establishing a temporary 
moving safety zone around the USS CONSTELLATION annual ``turn-around'' 
participants on September 13, 2002 to ensure the safety of participants 
and spectators immediately prior to, during, and following the dead 
ship tow.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Transportation 
(DOT)(44 FR 11040; February 26, 1979).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under paragraph 10e of the regulatory 
policies and procedures of DOT is unnecessary.
    The primary impact of this rule will be on vessels wishing to 
transit the affected waterways during the USS CONSTELLATION annual 
turn-around on September 13, 2002. Although this rule prevents traffic 
from transiting a portion of the Inner Harbor, Northwest Harbor, and 
Patapsco River during these events, that restriction is limited in 
duration, affects only a limited area, and will be well publicized to 
allow mariners to make alternative plans for transiting the affected 
area.

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 
operate or anchor in portions of the Inner Harbor, the Northwest 
Harbor, and the Patapsco River in the Port of Baltimore, Maryland. This 
safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: this 
rule will be in effect for a limited duration, affect only limited 
areas, and allow vessel traffic to pass safely around the safety zone. 
Before the effective period, we will issue maritime advisories widely 
available to users of the river to allow mariners to make alternative 
plans for transiting the affected areas.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), 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).

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

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determined that it does not have implications for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that Order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraph (34)(g), of Commandant 
Instruction M16475.lD, this rule is categorically excluded from further 
environmental documentation. By controlling vessel traffic during this 
event, this rule is intended to minimize environmental impacts of 
increased vessel traffic during the transits of event vessels. A 
``Categorical Exclusion Determination'' is available in the docket for 
inspection or copying 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; 50 U.S.C. 191; 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.

    2. From 8:30 a.m. on September 13, 2002 to 12:30 p.m. on September 
14, 2002, add a temporary Sec.  165.T05-060 to read as follows:


Sec.  165.T05-060  Safety Zone; Patapsco River, Northwest and Inner 
Harbors, Baltimore, MD.

    (a) Definitions.
    (1) Captain of the Port. The Captain of the Port means the 
Commander, Coast Guard Activities Baltimore or any Coast Guard 
commissioned, warrant, or petty officer who has been authorized by the 
Captain of the Port to act on his behalf.
    (2) USS CONSTELLATION ``turn-around'' participants. Includes the 
USS CONSTELLATION and its accompanying towing vessels.
    (b) Location. The following area is a moving safety zone: all 
waters within 200 yards ahead of or 100 yards outboard or aft of the 
historic sloop-of-war USS CONSTELLATION, while operating on the Inner 
Harbor, Northwest Harbor and Patapsco River, Baltimore, Maryland.
    (c) Regulations.
    (1) All persons are required to comply with the general regulations 
governing safety zones found in Sec.  165.23 of this part.
    (2) Persons or vessels requiring entry into or passage through a 
safety zone must first request authorization from the Captain of the 
Port or his designated representative. The Coast Guard vessels 
enforcing this section can be contacted on VHF Marine Band Radio, 
channels 13 and 16. The Captain of the Port can be contacted at (410) 
576-2693.
    (3) No vessel movement is allowed within the safety zone unless 
expressly authorized by the Captain of the Port or his designated 
representative.
    (d) Enforcement period. This section will be enforced from 8:30 
a.m. to 12:30 p.m. on September 13, 2002. If the event is postponed due 
to weather conditions, this section will be enforced from 8:30 a.m. to 
12:30 p.m. on September 14, 2002.

    Dated: September 3, 2002.
R.B. Peoples,
Captain, U.S. Coast Guard, Captain of the Port of Baltimore.
[FR Doc. 02-23275 Filed 9-10-02; 10:35 am]
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