[Federal Register Volume 72, Number 163 (Thursday, August 23, 2007)]
[Rules and Regulations]
[Pages 48236-48239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16630]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. CGD05-07-081]
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 upon 
certain waters of the Patapsco River, Northwest Harbor, and Inner 
Harbor during the movement of the historic sloop-of-war USS 
CONSTELLATION. This action is necessary to provide for the safety of 
life on navigable waters during the tow of the vessel from its berth at 
the Inner Harbor in Baltimore, Maryland, to a

[[Page 48237]]

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 from 2 p.m. through 7 p.m. local time on 
September 14, 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 CGD05-07-081 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

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B) and (d)(3), the Coast Guard finds 
that good cause exists for not publishing an NPRM and for making this 
rule effective less than 30 days after publication in the Federal 
Register. Publishing an NPRM and delaying its effective date would be 
contrary to the public interest, because there is not sufficient time 
to publish a proposed rule in advance of the event and 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 persons and 
vessels against the potential hazards associated with the towing and 
turn-around of the historic sloop-of-war USS CONSTELLATION, such as 
collisions with other vessels operating in the confined waterways.

Background and Purpose

    The USS CONSTELLATION Museum is planning to conduct a ``turn-
around'' ceremony involving the sloop-of-war USS CONSTELLATION in 
Baltimore, Maryland on Friday, September 14, 2007. 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 Rule

    The Coast Guard is establishing a temporary moving safety zone on 
all waters within 200 yards ahead of or 100 yards outboard or aft of 
the historic Sloop-of-War USS CONSTELLATION, surface to bottom, while 
operating in the Inner Harbor, the Northwest Harbor and the Patapsco 
River, at Baltimore, Maryland. The temporary safety zone will be 
enforced from 2 p.m. to 7 p.m. on September 14, 2007. The effect will 
be to restrict general navigation in the area during the event. With 
the exception of USS CONSTELLATION ``turn-around'' participants, no 
person or vessel may enter or remain in the safety zone. Vessels will 
be allowed to transit the waters of the Inner Harbor, the Northwest 
Harbor and the Patapsco River outside the safety zone. This safety zone 
is needed to control vessel traffic during the event to enhance the 
safety of transiting vessels.

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.
    Although this rule prevents traffic from transiting a portion of 
the Inner Harbor, the Northwest Harbor, and the Patapsco River during 
the towing and turn-around of the historic sloop-of-war USS 
CONSTELLATION, the effect of this rule will not be significant due to 
the size and duration of the safety zone, and the extensive 
notifications that will be made to the maritime community via marine 
information broadcasts and local notices to mariners, so mariners can 
adjust their plans accordingly. 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.

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. on September 14, 2007. 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. However, 
we received no requests for assistance from any small entities.

[[Page 48238]]

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 
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. This rule establishes a safety zone.
    A final ``Environmental Analysis Check List'' and 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, 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.T05-081 to read as follows:


Sec.  165.T05-081  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 within 200 yards ahead of or 100 yards outboard or aft of the 
historic Sloop-of-War USS CONSTELLATION, surface to bottom, 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

[[Page 48239]]

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. on September 14, 2007.

    Dated: August 9, 2007.
Austin J. Gould,
Commander, U.S. Coast Guard, Acting Captain of the Port, Baltimore, 
Maryland.
[FR Doc. E7-16630 Filed 8-22-07; 8:45 am]
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