[Federal Register Volume 72, Number 121 (Monday, June 25, 2007)]
[Rules and Regulations]
[Pages 34622-34625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12246]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-07-010]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a permanent safety zone upon 
certain waters of the Patapsco River, Northwest Harbor, and Inner 
Harbor during the movement of the historic sloop-of-war USS 
CONSTELLATION, annually, on the Friday following Labor Day. This action 
is necessary to provide for the safety of

[[Page 34623]]

life on navigable waters during the tow of the vessel from its berth at 
the Inner Harbor in Baltimore, Maryland, to a point on the Patapsco 
River near the Fort McHenry National Monument and Historic Shrine in 
Baltimore, Maryland, and return. This action will restrict vessel 
traffic in portions of the Patapsco River, Northwest Harbor, and Inner 
Harbor during the event.

DATES: This rule is effective July 25, 2007.

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 CGD05-07-010 and are available for inspection or 
copying at Commander, U.S. Coast Guard Sector Baltimore, 2401 Hawkins 
Point Road, Building 70, Waterways Management Division, 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 
Sector Baltimore, Waterways Management Division, at telephone number 
(410) 576-2674 or (410) 576-2693.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On April 9, 2007, we published a notice of proposed rulemaking 
(NPRM) entitled ``Safety Zone; Patapsco River, Northwest and Inner 
Harbors, Baltimore, MD'' in the Federal Register (72 FR 17458). We 
received no letters commenting on the proposed rule. No public meeting 
was requested, and none was held.

Background and Purpose

    Each year, the USS CONSTELLATION Museum conducts a ``turn-around'' 
ceremony involving the sloop-of-war USS CONSTELLATION in Baltimore, 
Maryland on the Friday following Labor Day. The annual turning of the 
USS CONSTELLATION aids in the maintenance of the historic ship by 
ensuring even weathering of her hull. Planned events include a three-
hour, round-trip tow of the CONSTELLATION in the Port of Baltimore, 
with an onboard salute with navy pattern cannon while the historic 
vessel is positioned off Fort McHenry National Monument and Historic 
Site. The historic sloop-of-war USS CONSTELLATION will be towed ``dead 
ship,'' which means that the vessel will be underway without the 
benefit of mechanical or sail propulsion. The return dead ship tow of 
the CONSTELLATION to its berth in the Inner Harbor is expected to occur 
immediately upon execution of a tug-assisted turn-around of the 
CONSTELLATION on the Patapsco River near Fort McHenry. The Coast Guard 
anticipates a large recreational boating fleet during this event, 
scheduled on a late Friday afternoon during the 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 upon certain waters of the Patapsco River, Northwest Harbor 
and Inner Harbor.

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 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. This safety zone is a moving zone that 
will encompass only a small portion of the waterway. Vessels or persons 
may be able to transit safely around this zone.

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, remain or anchor within certain waters of the Patapsco 
River, Northwest Harbor and Inner Harbor, in Baltimore, Maryland, from 
2 p.m. through 7 p.m. local time, annually, on the Friday following 
Labor Day. 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 and harbors 
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 small entities, may transit around the 
safety 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. We 
received no requests for assistance from any small entities.
    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.

[[Page 34624]]

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 
and Department of Homeland Security Management Directive 5100.1, 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 
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. That paragraph applies because this rule 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, 6.04-1, 6.04-6, and 160.5; Public 
Law 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

0
2. Add Sec.  165.512 to read as follows:


Sec.  165.512  Safety Zone; Patapsco River, Northwest and Inner 
Harbors, Baltimore, MD.

    (a) Definitions. For the purposes of this section:
    (1) 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.
    (2) USS CONSTELLATION ``turn-around'' participants means the USS 
CONSTELLATION, its support craft and the accompanying towing vessels.
    (b) Location. The following area is a moving safety zone: All 
waters, from surface to bottom, within 200 yards ahead of or 100 yards 
outboard or aft of the historic sloop-of-war USS CONSTELLATION, while 
operating in the Inner Harbor, the Northwest Harbor and the Patapsco 
River.
    (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 USS 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. The Coast Guard vessels enforcing this 
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) Enforcement period. This section will be enforced from 2 p.m. 
through 7 p.m. local time, annually, on the Friday following Labor Day.


[[Page 34625]]


    Dated: June 14, 2007.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. E7-12246 Filed 6-22-07; 8:45 am]
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