[Federal Register Volume 69, Number 193 (Wednesday, October 6, 2004)]
[Rules and Regulations]
[Pages 59801-59803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22505]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-04-135]
RIN 1625-AA00


Safety Zone; Upper Chesapeake Bay, Patapsco and Severn Rivers, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on 
portions of the upper Chesapeake Bay and its tributaries during the 
movement of 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 berth in Baltimore, Maryland to the United States 
Naval Academy seawall in Annapolis, Maryland, and return. This action 
will restrict vessel traffic in portions of the Patapsco River 
(including the Inner Harbor and the Northwest Harbor), Chesapeake Bay 
and Severn River.

DATES: This rule is effective from 7 a.m. local time on October 26, 
2004 to 5 p.m. local time on November 1, 2004.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD05-04-135 and are available for inspection or 
copying at Commander, U.S. Coast Guard Activities, 2401 Hawkins Point 
Road, Building 70, Waterways Management Branch, Baltimore, Maryland, 
21226-1791 between 8 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays.

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

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On August 2, 2004, we published a notice of proposed rulemaking 
(NPRM) entitled ``Safety Zone; Upper Chesapeake Bay, Patapsco and 
Severn Rivers, MD'' in the Federal Register (69

[[Page 59802]]

FR 46122). We received no letters commenting on the proposed rule. No 
public meeting was requested, and none was held.

Background and Purpose

    The USS CONSTELLATION Museum is celebrating the 150th anniversary 
of the launch of the USS Constellation in 1854, and to commemorate this 
occasion, is sponsoring a dead ship tow of the historic sloop-of-war 
USS CONSTELLATION on October 26, 2004, from Baltimore, Maryland to 
Annapolis, Maryland. The event will mark the 23 years that the ship was 
stationed at the Naval Academy as a training vessel, from 1871 to 1893. 
Planned events include an eight-hour dead ship tow of the USS 
CONSTELLATION with an onboard salute with Navy pattern cannon while off 
Fort McHenry National Monument and Historic Site. A return dead ship 
tow of the USS CONSTELLATION to Baltimore, Maryland is expected to 
occur on November 1, 2004.
    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, in the 
approaches to Baltimore Harbor, and the Severn River 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 upper Chesapeake Bay and its tributaries.
    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 Comments and Changes

    The Coast Guard received no comments on the proposed rule during 
the comment period published in the NPRM. No public meeting was 
requested, and none was held. As a result, no substantive change to the 
proposed regulatory text was made.

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).
    The Coast Guard received no comments on the proposed rule during 
the comment period published in the NPRM. As a result, no substantive 
change to the proposed regulatory text was made.

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 will affect the following entities, some of which 
may be small entities: the owners or operators of vessels intending to 
operate or anchor in portions of the Patapsco River (including the 
Inner Harbor and the Northwest Harbor), Chesapeake Bay and Severn 
River, 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 not constrained by their draft, which are 
more likely to be owned by small entities, may transit around the zone 
and request permission from the Captain of the Port Baltimore on a 
case-by-case basis to enter the zone.

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. Under 
section 213(a) of the Small Business Regulatory Enforcement Fairness 
Act of 1996 (Public Law 104-121), we want to assist small entities in 
understanding this rule so that they can better evaluate its effects on 
them and participate in the rulemaking. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact Mr. Ronald Houck, at Coast Guard Activities Baltimore, 
Waterways Management Branch, at telephone number (410) 576-2674.
    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

[[Page 59803]]

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 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. This regulation establishes a safety zone. A final 
``Environmental Analysis Check List'' and a final ``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.

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.T05-135 to read as follows:


Sec.  165.T05-135  Safety Zone; Upper Chesapeake Bay, Patapsco and 
Severn Rivers, MD.

    (a) Definitions. (1) Captain of the Port. For the purposes of this 
section, the term 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 Commander, Coast Guard 
Activities Baltimore to act on his or her behalf.
    (2) USS CONSTELLATION dead ship tow participants. For the purposes 
of this section, the term USS CONSTELLATION dead ship tow participants 
includes the USS CONSTELLATION, and its accompanying towing and pre-
designated emergency egress vessels.
    (b) Location. The following area is a moving safety zone: all 
waters of the Patapsco River (including the Inner Harbor and the 
Northwest Harbor), Chesapeake Bay and Severn River, from surface to 
bottom, within 200 yards ahead of and 100 yards outboard and aft of the 
historic sloop-of-war USS CONSTELLATION, while operating from 
Baltimore, Maryland to Annapolis, Maryland, and return.
    (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. The Coast Guard vessels enforcing this section can be contacted 
on Marine Band Radio, VHF channels 16 and 13. 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 7 a.m. 
to 5 p.m. local time on October 26, 2004, and from 7 a.m. to 5 p.m. 
local time on November 1, 2004.

    Dated: September 23, 2004.
Curtis A. Springer,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. 04-22505 Filed 10-5-04; 8:45 am]
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