[Federal Register Volume 78, Number 179 (Monday, September 16, 2013)]
[Rules and Regulations]
[Pages 56834-56837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22431]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-0811]
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 movement of the historic sloop-of-war USS CONSTELLATION on 
September 26, 2013. If necessary, due to inclement weather, the event 
will be rescheduled for October 3, 2013. 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: This rule is effective from September 26, 2013 through October 
3, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0811]. 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 Houck, U.S. Coast Guard Sector Baltimore, MD; 
telephone 410-576-2674, email [email protected]. If you have 
questions on viewing or submitting material to the docket, call Barbara 
Hairston, 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

    This rule involves the USS CONSTELLATION ``turn-around'' cruise, an 
event that takes place in Baltimore, Maryland. A permanent safety zone 
for this rule, with an enforcement period from 2 p.m. through

[[Page 56835]]

7 p.m. local time annually on the Thursday before Memorial Day, has 
been published and is detailed at Title 33 Code of Federal Regulations, 
Section 165.512. However, due to a change in scheduling, the event this 
year is planned for September 26, 2013. If necessary, due to inclement 
weather, the event will be rescheduled for October 3, 2013. The event 
is scheduled to start at 9 a.m. and the event location remains 
unchanged.
    The Coast Guard is issuing this final rule without prior notice and 
opportunity to comment pursuant to authority under section 4(a) of the 
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision 
authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule due to the short time period between event 
planners notifying the Coast Guard of details concerning the event, on 
August 23, 2013, and publication of this safety zone. As such, it is 
impracticable to provide a full comment period due to lack of time. 
Furthermore, delaying the effective date of this safety zone would be 
contrary to the public interest given the high risk of injury and 
damage during a movement of a historic sloop-of-war being towed in 
confined waters during the boating season in Baltimore, Maryland.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Due to the need for immediate 
action, the restriction of vessel traffic is necessary to protect life, 
property and the environment; therefore, a 30-day notice is 
impracticable. Delaying the effective date would be contrary to the 
safety zone's intended objectives of protecting persons and vessels, 
and enhancing public and maritime safety.

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 September 26, 2013. 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 9 a.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 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 October 3, 2013.
    To address safety concerns during the event, the Captain of the 
Port Baltimore will establish a safety zone upon certain waters of the 
Patapsco River, Northwest Harbor and Inner Harbor. 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. 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.

C. Discussion of the Final Rule

    Through this regulation, the Coast Guard will establish a safety 
zone. The safety zone will be in effect from 8 a.m. until 1 p.m. on 
September 26, 2013, and, if necessary due to inclement weather, from 8 
a.m. until 1 p.m. on October 3, 2013. The safety zone will include all 
navigable 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. This 
location is entirely within the Area of Responsibility of the Captain 
of the Port Baltimore, as set forth at 33 CFR 3.25-15.
    This rule requires any unauthorized persons in the regulated area 
at the time this safety zone is in effect to immediately proceed out of 
the zone. Except for USS CONSTELLATION ``turn-around'' participants, 
and vessels at berth, mooring, or at anchor, this rule temporarily 
requires all vessels in the designated safety zone as defined by this 
rule to immediately depart the safety zone. Entry into this safety zone 
is prohibited, unless specifically authorized by the Captain of the 
Port Baltimore. U.S. Coast Guard personnel will be provided to prevent 
the movement of unauthorized persons into the zone. Federal, state, and 
local agencies may assist the Coast Guard in the enforcement of this 
rule. The Coast Guard will issue Notices to Mariners to further 
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.

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.

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 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 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

[[Page 56836]]

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.

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 temporary 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. We seek any comments or information that may lead to 
the discovery of a significant environmental impact from this 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 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, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add temporary Sec.  165.T05-0811 to read as follows:


Sec.  165.T05-0811  Safety Zone; Patapsco River, Northwest and Inner 
Harbors; Baltimore, MD.

    (a) Regulated area. The following location is a safety zone: 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.

[[Page 56837]]

    (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.T05-0811.
    (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 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 8 a.m. 
through 1 p.m. on September 26, 2013, and, if necessary due to 
inclement weather, from 8 p.m. through 1 p.m. on October 3, 2013.

    Dated: August 30, 2013.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2013-22431 Filed 9-13-13; 8:45 am]
BILLING CODE 9110-04-P