[Federal Register Volume 70, Number 163 (Wednesday, August 24, 2005)]
[Rules and Regulations]
[Pages 49487-49490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16792]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-05-101]
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 during the movement of the historic Sloop-
of-War U.S.S. 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, to the Fort McHenry Angle on the Patapsco River, 
and return. This action will restrict vessel traffic in portions of 
Baltimore's Inner Harbor, the Northwest Harbor, and the Patapsco River.

DATES: This rule is effective from 2 p.m. to 7 p.m. local time on 
September 9, 2005.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD05-05-101 and are available for 
inspection or copying at Commander, U.S. Coast Guard Sector, Waterways 
Management Division, 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. Ronald Houck, at Coast Guard 
Sector

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Baltimore, Waterways Management Division, at telephone number (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. Publishing an NPRM is 
impracticable due to the unique nature of the rule and the fast-
approaching effective date. The historic Sloop-of-War U.S.S. 
CONSTELLATION will be towed ``dead ship,'' which means that the vessel 
will be underway without the benefit of mechanical or sail propulsion. 
Therefore, it is imperative that there be a clear transit route and a 
safe buffer zone around the U.S.S. 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 
recreational boating fleet to view the turn-around of the U.S.S. 
CONSTELLATION. To provide necessary safety measures to protect mariners 
against potential hazards associated with the turn-around, it is in the 
public interest to have a safety zone in place for the event which is 
scheduled to occur in less than 30 days.

Background and Purpose

    On September 9, 2005, the U.S.S. CONSTELLATION Museum will conduct 
a turn-around of the historic Sloop-of-War U.S.S. CONSTELLATION in 
Baltimore, Maryland. The planned event includes the ``dead ship'' tow 
of the U.S.S. CONSTELLATION from its berth in Baltimore's Inner Harbor 
to the Fort McHenry Angle of the Patapsco River, a tug assisted turn-
around of the vessel, then a ``dead ship'' tow return to its berth in 
Baltimore's Inner Harbor. In addition, an onboard salute with navy 
pattern cannon while off Fort McHenry National Monument and Historic 
Site is expected.
    The Coast Guard anticipates a large recreational boating fleet 
during this event, scheduled on a late Friday afternoon during summer 
in Baltimore, Maryland. 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 U.S.S. CONSTELLATION is scheduled to 
conduct a ``turn-around'' on September 9, 2005. The U.S.S. 
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 Baltimore's 
Inner Harbor, the Northwest Harbor and the 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 U.S.S. CONSTELLATION ``turn-around'' participants on 
September 9, 2005, to ensure the safety of participants and spectators 
immediately prior to, during, and following the dead ship tow. The 
safety zone will extend 200 yards ahead of or 100 yards outboard or aft 
of the historic Sloop-of-War U.S.S. CONSTELLATION.

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, and that vessels may safely transit a portion 
of Baltimore's Inner Harbor, the Northwest Harbor, and the Patapsco 
River, around the zone. In addition, the zone will be well publicized 
to allow mariners to make alternative plans for transiting the affected 
area, and vessels that may need to enter the zone may request 
permission on a case-by-case basis from the Captain of the Port (COTP) 
Baltimore, Maryland.

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 Baltimore's 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 may request permission from 
the COTP 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.
    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).

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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 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 rule established 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, 6.04-1, 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.T05-101 to read as follows:


Sec.  165.T05-101  Safety Zone; Patapsco River, Northwest and Inner 
Harbors, Baltimore, MD.

    (a) Definitions. For the purposes of this section--
    Captain of the Port, Baltimore, Maryland means the Commander, Coast 
Guard Sector Baltimore or any Coast Guard commissioned, warrant, or 
petty officer who has been authorized by the Captain of the Port, 
Baltimore, Maryland to act on his or her behalf.
    U.S.S. CONSTELLATION ``turn-around'' participants means the U.S.S. 
CONSTELLATION, its support craft and the 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 U.S.S. CONSTELLATION, while operating in 
Baltimore's Inner Harbor, the Northwest Harbor and the Patapsco River, 
Baltimore, Maryland.
    (c) Regulations. (1) The general regulations governing safety 
zones, found in Sec. 165.23, apply to the safety zone described in 
paragraph (b) of this section.
    (2) With the exception of U.S.S. CONSTELLATION ``turn-around'' 
participants, entry into or remaining in this zone is prohibited, 
unless authorized by the Captain of the Port, Baltimore, Maryland.
    (3) Persons or vessels requiring entry into or passage through the 
moving safety zone must first request authorization from the Captain of 
the Port, Baltimore, Maryland to seek permission to transit the area. 
The Captain of the Port, Baltimore, Maryland can be contacted at 
telephone number (410) 576-2693 or on Marine Band Radio VHF Channel 16 
(156.8 MHz). The Coast Guard vessels enforcing this

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section can be contacted on Marine Band Radio VHF Channel 16 (156.8 
MHz) Upon being hailed by a U.S. Coast Guard vessel by siren, radio, 
flashing light, or other means, the person or vessel shall proceed as 
directed. If permission is granted, all persons or vessels must comply 
with the instructions of the Captain of the Port, Baltimore, Maryland, 
and proceed at the minimum speed necessary to maintain a safe course 
while within the zone.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the zone by Federal, State and local agencies.
    (e) Effective period. This section will be enforced from 2 p.m. to 
7 p.m. local time on September 9, 2005.

    Dated: August 11, 2005.
Curtis A. Springer,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. 05-16792 Filed 8-23-05; 8:45 am]
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