[Federal Register Volume 77, Number 38 (Monday, February 27, 2012)]
[Proposed Rules]
[Pages 11434-11437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4397]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0101]
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 movement of the historic sloop-of-war USS 
CONSTELLATION on May 25, 2012. 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 point 
on the Patapsco River near the Fort McHenry National Monument and 
Historic Shrine in Baltimore, Maryland, and its return. This action 
will restrict vessel traffic in portions of the Patapsco River, 
Northwest Harbor, and Inner Harbor during the event.

DATES: Comments and related material must be received by the Coast 
Guard on or before March 28, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0101 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) 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.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Mr. Ronald Houck, Sector Baltimore Waterways 
Management Division, Coast Guard; telephone 410-576-2674, email 
[email protected]. 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.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2012-0101), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via www.regulations.gov, it will be considered received 
by the Coast Guard when you successfully transmit the comment. If you 
fax, hand deliver, or mail your comment, it will be considered as 
having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an email address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2012-0101'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand 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 comments 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 and may change 
the rule based on your comments.

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, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2012-0101'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of 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 a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting 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.

Basis and Purpose

    Historic Ships in Baltimore is planning to conduct a ``turn-
around'' ceremony involving the sloop-of-war USS CONSTELLATION in 
Baltimore, Maryland on May 25, 2012. Planned events include a three-
hour, round-trip tow of the USS CONSTELLATION in the Port of Baltimore, 
consisting of an onboard salute with navy pattern

[[Page 11435]]

cannon while the historic vessel is positioned off the Fort McHenry 
National Monument and Historic Site. Beginning at 3 p.m., 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 USS CONSTELLATION to 
its berth in the Inner Harbor is expected to occur immediately upon 
execution of a tug-assisted turn-around of the USS 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 Memorial Day Holiday weekend in Baltimore, 
Maryland. Operators should expect significant vessel congestion along 
the planned route. In the event of inclement weather, the ``turn-
around'' will be rescheduled for May 31, 2012.
    To address safety concerns during the event, the Captain of the 
Port Baltimore proposes to establish a safety zone upon certain waters 
of the Patapsco River, Northwest Harbor and Inner Harbor. The proposed 
safety zone will help the Coast Guard provide a clear transit route for 
the participating vessels, and provide a safety buffer around the 
participating vessels while they are in transit. Due to the need 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, a safety zone is prudent.

Discussion of Proposed Rule

    A permanent safety zone for this proposed rule, with an enforcement 
period from 2 p.m. through 7 p.m. local time annually on the Friday 
following Labor Day, has already been published and is detailed at 
Title 33 Code of Federal Regulations, Section 165.512. Due however to a 
change in scheduling for this calendar year, this event is planned for 
Friday, May 25, 2012. The historic sloop-of-war USS CONSTELLATION is 
scheduled to be towed ``dead ship'' from its berth at Pier 1 in 
Baltimore's Inner Harbor along a one-way, planned route of 
approximately four nautical miles, that includes specified waters of 
the Patapsco River, Northwest Harbor and Inner Harbor to a point on the 
Patapsco River near Fort McHenry National Monument and Historic Shrine, 
Baltimore, Maryland. After being turned-around, the USS CONSTELLATION 
will be returned to its original berth at Pier 1, Inner Harbor, 
Baltimore, Maryland. Due to the need to safeguard dead ship tow 
participants and prevent vessels or persons from approaching the USS 
CONSTELLATION along the intended route immediately prior to, during, 
and following the scheduled towing evolution, vessel traffic will be 
restricted on certain waters of the Patapsco River, Northwest Harbor 
and Inner Harbor.
    The Captain of the Port Baltimore is proposing to establish a 
temporary moving safety zone around the USS CONSTELLATION dead ship tow 
participants from 2 p.m. through 7 p.m. on May 25, 2012, and, if 
necessary due to inclement weather, from 2 p.m. through 7 p.m. on May 
31, 2012. The proposed regulated area includes all waters within 200 
yards ahead of and 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. Vessels underway at the time 
this safety zone is implemented will immediately proceed out of the 
zone. With the exception of USS CONSTELLATION ``turn-around'' 
participants, entry into this zone is prohibited unless authorized by 
the Captain of the Port or his designated representative. U.S. Coast 
Guard patrol vessels will be provided to prevent the movement of 
persons and vessels in the regulated area. The Captain of the Port 
Baltimore will issue Broadcast Notices to Mariners to publicize the 
safety zone and notify the public of changes in the status of the zone. 
Such notices will continue until the event is complete.

Regulatory Analyses

    We developed this proposed 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, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of that Executive Order 12866 
or under section 1 of Executive Order 13563. The Office of Management 
and Budget has not reviewed it under those Orders.
    Although this safety zone restricts vessel traffic through the 
affected area, the effect of this regulation will not be significant 
due to the limited size and duration that the regulated area will be in 
effect. In addition, notifications will be made to the maritime 
community via marine information broadcasts so mariners may adjust 
their plans accordingly.

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 may affect the following 
entities, some of which might be small entities: the owners or 
operators of vessels intending to operate or transit through or within 
the safety zone during the enforcement period. The safety zone will not 
have a significant economic impact on a substantial number of small 
entities for the following reasons. The safety zone is of limited size 
and duration. Smaller vessels not constrained by their draft, which are 
more likely to be small entities, may transit around the safety zone. 
Maritime advisories will be widely available to the maritime community 
before the effective period.
    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 L. Houck, Coast Guard 
Sector Baltimore, Waterways Management Division, at telephone number 
410-576-2674 or email [email protected]. The Coast Guard will not 
retaliate against small entities that question or complain

[[Page 11436]]

about this proposed 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 (adjusted for 
inflation) 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 cause 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 Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide 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 one of a category 
of actions that do not individually or cumulatively have a significant 
effect on the human environment. A preliminary environmental analysis 
checklist supporting this determination is available in the docket 
where indicated under ADDRESSES. This proposed rule involves 
establishing a temporary safety zone. 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.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amends 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. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 
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.

    2. Add Sec.  165.T05-0101 to read as follows:


Sec.  165.T05-0101  Safety Zone; Patapsco River, Northwest and Inner 
Harbors, Baltimore, MD.

    (a) Regulated area. The following location is a safety zone: (1) 
all waters within 200 yards ahead of and 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.
    (b) Definitions. As used in this section: (1) ``Captain of the Port 
Baltimore'' means the Commander, U.S. Coast Guard Sector Baltimore, 
Maryland.
    (2) ``Designated representative'' means any Coast Guard 
commissioned, warrant, or petty officer who has been authorized by the 
Captain of the Port Baltimore to assist in enforcing the safety zone 
described in paragraph (a) of this section.
    (3) ``USS CONSTELLATION ``turn-around'' participants'' means the 
USS CONSTELLATION, its support craft and the accompanying towing 
vessels.
    (c) Regulations. The general safety zone regulations found in 33 
CFR 165.23 apply to the safety zone created by this temporary section, 
Sec.  165.T05.0101. (1) All persons are required to comply with the 
general regulations governing safety zones found in 33 CFR 165.23.
    (2) With the exception of USS CONSTELLATION ``turn-around'' 
participants, entry into or remaining in this zone is prohibited unless 
authorized by the Coast Guard Captain

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of the Port Baltimore. Vessels already at berth, mooring, or anchor at 
the time the safety zone is implemented do not have to depart the 
safety zone. All vessels underway within this safety zone at the time 
it is implemented are to depart the zone.
    (3) Persons desiring to transit the area of the safety zone must 
first request authorization from the Captain of the Port Baltimore or 
his designated representative. To seek permission to transit the area, 
the Captain of the Port Baltimore and his designated representatives 
can be contacted at telephone number 410-576-2693 or on Marine Band 
Radio, VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing 
this section can be contacted on Marine Band Radio, VHF-FM channel 16 
(156.8 MHz). Upon being hailed by a U.S. Coast Guard vessel, or other 
Federal, State, or local agency vessel, by siren, radio, flashing 
lights, or other means, the operator of a vessel shall proceed as 
directed. If permission is granted, all persons and vessels must comply 
with the instructions of the Captain of the Port Baltimore or his 
designated representative and proceed at the minimum speed necessary to 
maintain a safe course while within the zone.
    (4) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the zone by Federal, State, and local agencies.
    (d) Enforcement period. This section will be enforced from 2 p.m. 
through 7 p.m. on May 25, 2012, and, if necessary due to inclement 
weather, from 2 p.m. through 7 p.m. on May 31, 2012.

    Dated: February 10, 2012.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2012-4397 Filed 2-24-12; 8:45 am]
BILLING CODE 9110-04-P