[Federal Register Volume 78, Number 43 (Tuesday, March 5, 2013)]
[Rules and Regulations]
[Pages 14188-14190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05076]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-1075]
RIN 1625-AA00


Safety Zone, Change to Enforcement Period, Patapsco River, 
Northwest and Inner Harbors; Baltimore, MD

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the enforcement period of a safety 
zone regulation for the annual movement of the historic sloop-of-war 
USS CONSTELLATION. This regulation applies to a recurring event that 
takes place in Baltimore, MD. The safety zone regulation is necessary 
to provide for the safety of life on navigable waters during the event. 
This action is intended to restrict vessel traffic in portions of the 
Patapsco River, Northwest Harbor and Inner Harbor during the event.

DATES: This rule is effective April 4, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-1075]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Ronald L. Houck, Sector Baltimore, Waterways 
Management Division, U.S. 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:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    On January 9, 2013, we published a notice of proposed rulemaking 
(NPRM) entitled ``Safety Zone, Change to Enforcement Period, Patapsco 
River, Northwest and Inner Harbors; Baltimore, MD'' in the Federal 
Register (78 FR 1795). We received no comments on the proposed rule. No 
public meeting was requested, and none was held.

B. Basis and Purpose

    Historic Ships in Baltimore is planning to conduct its ``turn-
around'' ceremony involving the sloop-of-war USS CONSTELLATION in 
Baltimore, Maryland on the Thursday before Memorial Day (observed). 
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 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 Thursday afternoon before 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 the 
Thursday following Memorial Day (observed).
    To address safety concerns during the event, the Captain of the 
Port Baltimore is changing the enforcement period of a safety zone 
regulation for the annual movement of the historic sloop-of-war USS 
CONSTELLATION, conducted upon certain waters of the Patapsco River, 
Northwest Harbor and Inner Harbor. The change to the enforcement period 
of the 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. This rule is 
needed to ensure safety on the waterway in the Port of Baltimore 
before, during and after the scheduled event.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard received no comments in response to the NPRM. No 
public meeting was requested and none was held.

D. Regulatory Analyses

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

1. 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 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.

[[Page 14189]]

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 received no comments from the Small Business 
Administration on this rule. 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 or transit through or 
within the safety zone during the enforcement period. Before the 
effective period, maritime advisories will be widely available to the 
maritime community.

3. 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 rule. 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 the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves establishing a safety zone. This rule 
is categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a Categorical Exclusion 
Determination are 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.

    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. 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.


0
2. Revise paragraph (e) of Sec.  165.512 as follows:


Sec.  165.512  Safety Zone; Patapsco River, Northwest and Inner 
Harbors, Baltimore, MD.

* * * * *
    (e) Enforcement period. This section will be enforced from 2 p.m. 
through 7

[[Page 14190]]

p.m. on the Thursday before Memorial Day (observed), and, if necessary 
due to inclement weather, from 2 p.m. through 7 p.m. on the Thursday 
following Memorial Day (observed).

    Dated: February 21, 2013.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2013-05076 Filed 3-4-13; 8:45 am]
BILLING CODE 9110-04-P