[Federal Register Volume 77, Number 92 (Friday, May 11, 2012)]
[Rules and Regulations]
[Pages 27621-27624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11497]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket No. USCG-2012-0123]
RIN 1625-AA08, 1625-AA00


Special Local Regulations and Safety Zone; War of 1812 
Bicentennial Commemorations, Chesapeake Bay and Port of Baltimore, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local 
regulations and a safety zone in the Chesapeake Bay and Port of 
Baltimore, Maryland for War of 1812 Bicentennial Commemorations 
activities. These actions are necessary to provide for the safety of 
life on navigable waters before, during, and after War of 1812 
Bicentennial Commemorations events being planned for Baltimore, 
Maryland. These actions will restrict vessel traffic in portions of the 
Inner Harbor, the Northwest Harbor, the Patapsco River, and the 
Chesapeake Bay.

DATES: This rule is effective from June 12, 2012 through June 20, 2012.

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-2012-0123 and are available online by going to 
http://www.regulations.gov, inserting USCG-2012-0123 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is also available for 
inspection or copying at 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email Mr. Ronald Houck, U.S. Coast Guard Sector 
Baltimore, MD; telephone 410-576-2674, email [email protected]. 
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 March 15, 2012, we published a notice of proposed rulemaking 
(NPRM) entitled ``War of 1812 Bicentennial Commemorations, Chesapeake 
Bay and Port of Baltimore, MD'' in the Federal Register (77 FR 15323). 
We received one comment on the proposed rule. No public meeting was 
requested, and none was held.

Background and Purpose

    The U.S. Department of the Navy is sponsoring War of 1812 
Bicentennial Commemorations in the Chesapeake Bay and Port of 
Baltimore, Maryland. Planned events include the scheduled arrival of 
U.S. and foreign naval vessels, public vessels, tall ships and other 
vessels beginning on June 12, 2012 and the scheduled departure of those 
vessels ending on June 20, 2012. The Coast Guard anticipates a large 
spectator fleet for these events. Operators should expect significant 
vessel congestion along the arrival and departure routes. The purpose 
of these regulations is to promote maritime safety and protect 
participants and the boating public in the Port of Baltimore and the 
waters of the Chesapeake Bay immediately prior to, during, and after 
the scheduled events. The regulations will provide for clear passage of 
participating vessels, a safety buffer around the participating vessels 
while they are in transit for the benefit of participants and 
spectators. The regulations will impact the movement of all vessels 
operating in specified waters of the Chesapeake Bay, Patapsco River, 
Northwest Harbor and the Inner Harbor.
    It may be necessary for the Coast Guard to establish additional 
safety or security zones in addition to these regulations to safeguard 
dignitaries and certain vessels participating in the event. If the 
Coast Guard deems it necessary to establish such zones at a later date, 
the details of those zones will be announced separately via the Federal 
Register, Local Notice to Mariners, Safety Voice Broadcasts, and any 
other means available.
    With the arrival of War of 1812 Bicentennial Commemorations 
participants and spectator vessels in the Port of Baltimore for this 
event, it will be necessary to curtail normal port operations to some 
extent. The Coast Guard will attempt to minimize interference while 
still ensuring the safety of life on the navigable waters immediately 
before, during, and after the scheduled events.

[[Page 27622]]

Discussion of Comments and Changes

    The Coast Guard received one comment in response to the NPRM. No 
public meeting was requested and none was held. What follows is a 
review of, and the Coast Guard's response to, the issue that was 
presented by the commenter concerning the proposed regulations.
    The commenter stated that while the War of 1812 Bicentennial 
Celebration will be an important event that normally calls for an 
increased safety of participating vessels, smaller shipping operations 
will be unable to afford unforeseen schedule changes, dock workers and 
their communities will suffer from a lack of labor, and ships unable to 
access Port of Baltimore terminals may choose to go elsewhere that week 
and maybe for the foreseeable future; allowing the shipping industry 
alone to operate as they see fit during the event without the proposed 
regulations, and providing additional law enforcement patrol resources 
to monitor the situation, would not cause business losses in the 
private sector.
    We disagree. We feel that as a result of the extensive planning and 
notice provided to the public, which began in 2009 and will continue 
through the event, the Port of Baltimore stakeholders and waterway 
users will not be substantially adversely affected during the event as 
suggested by the commenter. The highly-publicized, international event 
is expected to create a large spectator fleet and attract many other 
waterway users to the area.

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. The primary impact of these regulations 
will be on vessels wishing to transit the affected waterways during the 
War of 1812 Bicentennial Commemorations vessels arrival beginning on 
June 12, 2012 and their departure ending on June 20, 2012. Although 
these regulations prevent traffic from transiting a portion of the 
Inner Harbor, Northwest Harbor, Patapsco River and the Chesapeake Bay 
during these events, that restriction is limited in duration, affects 
only a limited area, and will be well publicized to allow mariners to 
make alternative plans for transiting the affected area. Moreover, the 
magnitude of the event itself will severely hamper or prevent transit 
of the waterway, even absent these regulations designed to ensure it is 
conducted in a safe and orderly fashion.

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 may affect the following entities, some of which 
might be small entities: The owners or operators of vessels intending 
to operate or anchor in portions of the Inner Harbor, the Northwest 
Harbor and Patapsco River, and the Chesapeake Bay, in Maryland. The 
regulations would not have a significant impact on a substantial number 
of small entities for the following reasons: The restrictions are 
limited in duration, affect only limited areas, and will be well 
publicized to allow mariners to make alternative plans for transiting 
the affected areas. Moreover, the magnitude of the event itself will 
severely hamper or prevent transit of the waterway, even absent these 
regulations designed to ensure it is conducted in a safe and orderly 
fashion.

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.

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 (adjusted for 
inflation) 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 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 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.

[[Page 27623]]

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 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 concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(h), of the Instruction. This rule involves implementation of 
regulations within 33 CFR Part 100 applicable to organized marine 
events on the navigable waters of the United States that could 
negatively impact the safety of waterway users and shore side 
activities in the event area. The category of water activities includes 
but is not limited to sail boat regattas, boat parades, power boat 
racing, swimming events, crew racing, canoe and sail board racing. An 
environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.
    Additionally, this rule is categorically excluded, under figure 2-
1, paragraph (34)(g), of the Instruction. This rule also involves 
establishing a temporary safety zone. An environmental analysis 
checklist and a categorical exclusion determination are available in 
the docket where indicated under ADDRESSES.

List of Subjects

33 CFR Part 100

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

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 amends 
33 CFR parts 100 and 165 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.


0
2. Add Sec.  100.35T05-0123 to read as follows:


Sec.  100.35T05-0123  Special Local Regulations for Marine Events; War 
of 1812 Bicentennial Commemorations, Chesapeake Bay and Port of 
Baltimore, MD.

    (a) Definitions. (1) ``Captain of the Port Baltimore'' 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 to act on his behalf.
    (2) ``Official Patrol Vessel'' includes all U.S. Coast Guard, 
public, state, county or local law enforcement vessels assigned and/or 
approved by Commander, Coast Guard Sector Baltimore.
    (3) ``War of 1812 Bicentennial Commemorations Vessel'' includes all 
vessels participating in War of 1812 Bicentennial Commemorations 
activities under the auspices of the U.S. Department of Homeland 
Security Application for Marine Event submitted for the War of 1812 
Bicentennial Commemorations activities in Baltimore, Maryland and 
approved by the Captain of the Port Baltimore.
    (4) ``War of 1812 Bicentennial Commemorations arrival'' is the 
movement of War of 1812 Bicentennial Commemorations vessels in orderly 
succession as they navigate designated routes in the Chesapeake Bay in 
Maryland and in the Port of Baltimore while inbound to Baltimore, 
Maryland on June 13, 2012.
    (5) ``War of 1812 Bicentennial Commemorations departure'' is the 
movement of War of 1812 Bicentennial Commemorations vessels in orderly 
succession as they navigate designated routes in the Port of Baltimore 
and in the Chesapeake Bay in Maryland while outbound from Baltimore, 
Maryland on June 19, 2012.
    (b) Regulated areas. The following regulated areas are established 
as special local regulations during the War of 1812 Bicentennial 
Commemorations in Baltimore, Maryland. All coordinates reference Datum 
NAD 1983.
    (1) ``Arrival Area''. All waters of the Patapsco River, Northwest 
Harbor and Inner Harbor enclosed by:

Latitude                             Longitude
 
39[deg]15'41'' N                     076[deg]34'48'' W, to
39[deg]15'05'' N                     076[deg]34'44'' W, and
39[deg]14'08'' N                     076[deg]33'38'' W, to
39[deg]12'46'' N                     076[deg]32'03'' W, to
39[deg]10'25'' N                     076[deg]31'01'' W, to
39[deg]12'06'' N                     076[deg]29'43'' W, to
39[deg]13'22'' N                     076[deg]31'16'' W, to
39[deg]15'40'' N                     076[deg]33'34'' W.
 


     (2) ``Departure Area''. All waters of the Patapsco River, 
Northwest Harbor and Inner Harbor enclosed by:

 
Latitude                             Longitude
 
39[deg]15'41'' N                     076[deg]34'48'' W, to
39[deg]15'05'' N                     076[deg]34'44'' W, and
39[deg]14'08'' N                     076[deg]33'38'' W, to
39[deg]12'46'' N                     076[deg]32'03'' W, to
39[deg]10'25'' N                     076[deg]31'01'' W, to
39[deg]12'06'' N                     076[deg]29'43'' W, to
39[deg]13'22'' N                     076[deg]31'16'' W, to
39[deg]15'40'' N                     076[deg]33'34'' W.
 

     (c) Special Local Regulations. (1) All persons and vessels within 
the regulated areas must operate in strict conformance with any 
directions given by the Captain of the Port Baltimore and leave the

[[Page 27624]]

regulated areas immediately if the Captain of the Port Baltimore so 
orders.
    (2) Unless otherwise directed by the Captain of the Port Baltimore, 
all vessels within the regulated areas shall be operated at the minimum 
speed necessary to maintain safe course.
    (3) Persons desiring to transit the regulated area must first 
obtain authorization from the Captain of the Port Baltimore. To seek 
permission to transit the regulated areas, 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). All Coast Guard vessels enforcing these regulated areas 
can be contacted on marine band radio VHF-FM channel 16 (156.8 MHz).
    (4) The Captain of the Port Baltimore will publish a notice in the 
Fifth Coast Guard District Local Notice to Mariners and will notify the 
public of any changes in the status of the regulated areas by a Marine 
Safety Radio Broadcast on VHF-FM marine band radio, channel 22A (157.1 
MHZ).
    (d) Enforcement periods--(1) Arrival Area. Paragraph (b)(1) of this 
section will be enforced from 9 a.m. until 9 p.m. on June 13, 2012.
    (2) Departure Area. Paragraph (b)(2) of this section will be 
enforced from 6:30 a.m. until 3 p.m. on June 19, 2012.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
3. 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, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1.


0
4. Add Sec.  165.T05-0123 to read as follows:


Sec.  165.T05-0123  Safety Zone; War of 1812 Bicentennial 
Commemorations, Chesapeake Bay and Port of Baltimore, MD.

    (a) Definitions. (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 (b) of this section.
    (3) ``War of 1812 Bicentennial Commemorations Vessels'' includes 
all vessels participating in War of 1812 Bicentennial Commemorations 
activities under the auspices of the U.S. Department of Homeland 
Security Application for Marine Event submitted for the War of 1812 
Bicentennial Commemorations activities in Baltimore, Maryland and 
approved by the Captain of the Port Baltimore.
    (b) Regulated areas. The following locations are a moving safety 
zone:
    (1) All waters within 500 yards of any War of 1812 Bicentennial 
Commemorations vessel which is greater than 100 feet in length overall, 
while operating in the navigable waters of the Chesapeake Bay or its 
tributaries, north of the Maryland-Virginia border and south of 
latitude 39[deg]35'00'' N.
    (2) All waters within 100 yards of any War of 1812 Bicentennial 
Commemorations vessel which is greater than 100 feet in length overall, 
while operating in the navigable waters of the Chesapeake Bay or its 
tributaries, north of the Maryland-Virginia border and south of 
latitude 39[deg]35'00'' N.
    (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.T05-0123.
    (1) All persons are required to comply with the general regulations 
governing safety zones found in 33 CFR 165.23.
    (2) The Navigation Rules shall apply while within the safety zone 
described in paragraph (b) of this section.
    (3) Persons and vessels intending to transit the area of the safety 
zone described in paragraph (b)(1) of this section shall operate at the 
minimum speed necessary to maintain a safe course, unless required to 
maintain speed by the Navigation Rules, and shall proceed as directed 
by the Captain of the Port Baltimore or his designated representative.
    (4) Entry into or remaining in the area of the safety zone 
described in paragraph (b)(2) of this section is prohibited unless 
authorized by the Captain of the Port Baltimore or his designated 
representative. Persons desiring to transit the area of the safety zone 
described in paragraph (b)(2) of this section 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, unless required to maintain speed by 
the Navigation Rules.
    (5) The Captain of the Port Baltimore will notify the public of any 
changes in the status of this zone by a Marine Safety Radio Broadcast 
on Marine Band Radio VHF-FM channel 22A (157.1 MHZ).
    (6) The U.S. Coast Guard may be assisted in the patrol and 
enforcement of the zone by Federal, State, and local agencies.
    (d) Effective dates: This section is effective from June 12, 2012 
through June 20, 2012.
    (e) Enforcement periods: This section will be enforced from 6 p.m. 
on June 12, 2012 until 9 p.m. on June 13, 2012, and from 6 a.m. on June 
19, 2012 until 5 a.m. on June 20, 2012.

    Dated: April 24, 2012.
Brian W. Roche,
Commander, U.S. Coast Guard, Acting Captain of the Port Baltimore.
[FR Doc. 2012-11497 Filed 5-10-12; 8:45 am]
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