[Federal Register Volume 73, Number 125 (Friday, June 27, 2008)]
[Rules and Regulations]
[Pages 36426-36429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14601]


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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: 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 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

[[Page 36427]]

vessel traffic in portions of the Patapsco River, Northwest Harbor, and 
Inner Harbor during these events.

DATES: This rule is effective from 5 p.m. on August 8, 2008 through 11 
a.m. on August 10, 2008.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2008-0180 and are available online at http://www.regulations.gov. This material is also available for inspection or 
copying at two locations: The 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, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays and 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary 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 the docket, call Renee 
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 15, 2008, we published a notice of proposed rulemaking 
(NPRM) entitled ``Safety Zone; Patapsco River, Northwest and Inner 
Harbors, Baltimore, MD'' in the Federal Register (73 FR 20220). 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 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 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 in response to the NPRM. No 
public meeting was requested and none was held. A problem with the 
number of the rule (.08 versus .05) was discovered and corrected.

Regulatory Analyses

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

Regulatory Planning and Review

    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. There is little vessel traffic associated 
with recreational boating and commercial fishing in the area during the 
effective period.

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 
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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM 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). 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.

[[Page 36428]]

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, 
under the Instruction, 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 checklist 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 record 
keeping requirements, Security measures, and 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; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. Add Sec.  165.T05-019 to read as follows:


Sec.  165.T05-019  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

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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 periods. This section will be effective from 5 p.m. 
on August 8, 2008 and through 11 a.m. on August 10, 2008.

    Dated: June 12, 2008.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
 [FR Doc. E8-14601 Filed 6-26-08; 8:45 am]
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