[Federal Register Volume 73, Number 73 (Tuesday, April 15, 2008)]
[Proposed Rules]
[Pages 20220-20223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7938]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0180]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
upon certain waters of the Patapsco River, Northwest Harbor and Inner 
Harbor during the movements of the historic sloop-of-war USS 
CONSTELLATION. This action is necessary to provide for the safety of 
life on navigable waters during two tows of the vessel in Baltimore, 
Maryland; one from its berth at Baltimore's Inner Harbor to a berth at 
the South Locust Point Marine Terminal, and the other from the South 
Locust Point Marine Terminal to its berth at Baltimore's Inner Harbor. 
This action will restrict vessel traffic in portions of the Patapsco 
River, Northwest Harbor, and Inner Harbor during these events.

DATES: Comments and related material must reach the Coast Guard on or 
before May 30, 2008.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2008-0180 to the Docket Management Facility at the U.S. 
Department of Transportation. To avoid duplication, please use only one 
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (3) Hand delivery: Room W12-140 on the Ground Floor of the West 
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    (4) Fax: 202-493-2251.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call Mr. Ronald Houck, at Coast Guard Sector Baltimore, Waterways 
Management Division, at telephone number (410) 576-2674 or (410) 576-
2693. If you have questions on viewing or submitting material to the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided. We have an agreement with the 
Department of Transportation (DOT) to use the Docket Management 
Facility. Please see DOT's ``Privacy Act'' paragraph below.

[[Page 20221]]

Submitting comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2008-0180), indicate the specific section of this 
document to which each comment applies, and give the reason for each 
comment. We recommend that you include your name and a mailing address, 
an e-mail address, or a phone number in the body of your document so 
that we can contact you if we have questions regarding your submission. 
You may submit your comments and material by electronic means, mail, 
fax, or delivery to the Docket Management Facility at the address under 
ADDRESSES; but please submit your comments and material by only one 
means. If you submit them by mail or delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit them by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period. We may change this 
proposed rule in view of them.

Viewing comments and documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov at 
any time. Enter the docket number for this rulemaking (USCG-2008-0180) 
in the Search box, and click ``Go >>.'' You may also visit either the 
Docket Management Facility in Room W12-140 on the ground floor of the 
DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays; or the 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.

Privacy Act

    Anyone can search the electronic form of all comments received into 
any of our dockets by the name of the individual submitting the comment 
(or signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review the Department of 
Transportation's Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR 19477), or you may visit http://DocketsInfo.dot.gov.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one to the Docket Management Facility at the address under 
ADDRESSES explaining why one would be beneficial. If we determine that 
one would aid this rulemaking, we will hold one at a time and place 
announced by a later notice in the Federal Register.

Background and Purpose

    The USS CONSTELLATION Museum is planning to conduct a ceremony in 
the Port of Baltimore, Maryland, involving the sloop-of-war USS 
CONSTELLATION on Friday, August 8, 2008. Scheduled events include a 
four-hour tow of the USS CONSTELLATION beginning at 6 p.m., from its 
berth at Pier 1 Inner Harbor to the Locust Point Cruise Ship Terminal 
berth at the South Locust Point Marine Terminal, with an onboard salute 
with navy pattern cannon while the historic vessel is positioned off 
Fort McHenry National Monument and Historic Site. A one-hour return tow 
of the CONSTELLATION is scheduled for Sunday, August 10, 2008. 
Departure from the Locust Point Cruise Ship Terminal will occur at 7 
a.m. and arrival at Pier 1 Inner Harbor at 8 a.m. For both tows, 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. While berthed at the Locust Point Cruise 
Ship Terminal, the vessel will participate in the commissioning 
ceremonies for the U.S. Navy's new Arleigh Burke class Aegis guided 
missile destroyer USS STERETT, DDG 104. The Coast Guard anticipates a 
large recreational boating fleet during these events, scheduled on a 
weekend during the summer in Baltimore, Maryland. Operators should 
expect significant vessel congestion along the planned route.
    The purpose of this proposed 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 
proposed 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 proposed rule will 
impact the movement of all vessels operating upon certain waters of the 
Patapsco River, Northwest Harbor and Inner Harbor.

Discussion of Proposed Rule

    The historic sloop-of-war USS CONSTELLATION is scheduled to be 
towed ``dead ship'' on August 8, 2008 and on August 10, 2008. The 
CONSTELLATION is scheduled to be towed within the Port of Baltimore, 
Maryland, from its berth at Pier 1 in Baltimore's Inner Harbor to the 
Locust Point Cruise Ship Terminal, at South Locust Point Marine 
Terminal, along a one-way, planned route of approximately four nautical 
miles, which includes specified waters of the Patapsco River, Northwest 
Harbor and Inner Harbor.
    The safety of dead ship tow participants requires that persons and 
vessels be kept at a safe distance from the intended route during this 
evolution. The Coast Guard proposes to establish a temporary moving 
safety zone around the USS CONSTELLATION dead ship tow participants for 
all waters within 200 yards ahead of, 100 yards outboard and 100 yards 
aft of the historic Sloop-of-War USS CONSTELLATION while operating in 
the Inner Harbor, the Northwest Harbor and the Patapsco River on August 
8, 2008 and on August 10, 2008, to ensure the safety of participants 
and spectators immediately prior to, during, and following the dead 
ship tows. 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.

Regulatory Evaluation

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analysis based on 13 of these statutes or executive orders.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This proposed 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

[[Page 20222]]

Harbor and Inner Harbor, in Baltimore, Maryland, from 5 p.m. through 11 
p.m. on August 8, 2008 and from 6 a.m. through 11 a.m. on August 10, 
2008. 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.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed 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 
Sector Baltimore, Waterways Management Division, at telephone number 
(410) 576-2674 or (410) 576-2693. 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 proposed rule would call 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 proposed 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 proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed 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 made a preliminary determination that this action is not likely to 
have a significant effect on the human environment. A preliminary 
``Environmental Analysis Check List'' supporting this preliminary 
determination is available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.
    We seek any comments or information that may lead to the discovery 
of a significant environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

Words of Issuance and Proposed Regulatory Text

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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

[[Page 20223]]

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.

    2. Add Sec.  165.T08-019 to read as follows:


Sec.  165.T08-019  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, 100 yards outboard and 100 yards 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 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. This 
section will be enforced from 5 p.m. through 11 p.m. on August 8, 2008 
and from 6 a.m. through 11 a.m. on August 10, 2008.

    Dated: March 21, 2008.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
 [FR Doc. E8-7938 Filed 4-14-08; 8:45 am]
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