[Federal Register Volume 68, Number 169 (Tuesday, September 2, 2003)]
[Rules and Regulations]
[Pages 52098-52100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22206]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-03-122]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

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 3:30 p.m. to 7:30 p.m. local time on 
September 5, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD05-03-122 and are available for 
inspection or copying at Commander, U.S. Coast Guard Activities, 2401 
Hawkins Point Road, Building 70, Port Safety, Security and Waterways 
Management Branch, Baltimore, Maryland, 21226-1791, between 9 a.m. and 
3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Ron Houck, at Coast Guard 
Activities Baltimore, Port Safety, Security and Waterways Management 
Branch, at telephone number (410) 576-2674 or (410) 576-2693.

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. Publishing an NPRM is 
impracticable due to the unique nature of the rule and its short 
duration. The USS CONSTELLATION will be towed ``dead ship,'' which 
means that the vessel will be underway without the benefit of 
mechanical or sail propulsion. However, it is imperative that there be 
a clear transit route and a safe buffer zone around the USS 
CONSTELLATION and the vessels towing her. Under 5 U.S.C. 553(d)(3), the 
Coast Guard finds that good cause exists for making this rule effective 
less than 30 days after publication in the Federal Register. The 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 Foundation, Inc. is sponsoring its ``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 
a ``turn-around'' on September 5, 2003. The USS CONSTELLATION is

[[Page 52099]]

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 this 
evolution. The Coast Guard is establishing a temporary moving safety 
zone around the USS CONSTELLATION ``turn-around'' participants on 
September 5, 2003, 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 Homeland 
Security (DHS).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary. This finding is based on the 
limited size of the zone, the minimal time that vessels will be 
restricted from the zone, vessels may transit a portion of the Inner 
Harbor, Northwest Harbor, and Patapsco River around the zone, and the 
zone will be well publicized to allow mariners to make alternative 
plans for transiting the affected area. In addition, vessels that may 
need to enter the zone may request permission on a case-by-case basis 
from the COTP Baltimore or his designated representatives.

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. 
Because the zone is of limited size and duration, it is expected that 
there will be minimal disruption to the maritime community. Before the 
effective period, the Coast Guard will issue maritime advisories widely 
available to users of the river to allow mariners to make alternative 
plans for transiting the affected areas. In addition, smaller vessels, 
which are more likely to be small entities, may transit around the 
zones and request permission from the COTP Baltimore on a case-by-case 
basis to enter the zones.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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. If the 
rule would affect your small business and you have questions concerning 
its provisions or options for compliance, please contact the person 
listed under FOR FURTHER INFORMATION CONTACT.
    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 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not

[[Page 52100]]

require a Statement of Energy Effects under Executive Order 13211.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
concluded that there are no factors in this case that would limit the 
use of a categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (34)(g), of the Instruction, from further environmental 
documentation because this rule establishes a safety zone. A final 
``Categorical Exclusion Determination'' will be 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.

0
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. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1

0
2. Add Sec.  165.T05-122 to read as follows:


Sec.  165.T05-122  Safety Zone; Patapsco River, Northwest and Inner 
Harbors, Baltimore, MD.

    (a) Definitions. As used in this section--
    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.
    USS CONSTELLATION ``turn-around'' participants means 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 3:30 
p.m. to 7:30 p.m. local time on September 5, 2003.

    Dated: August 15, 2003.
Curtis A. Springer,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. 03-22206 Filed 8-29-03; 8:45 am]
BILLING CODE 4910-15-P