[Federal Register Volume 82, Number 190 (Tuesday, October 3, 2017)]
[Rules and Regulations]
[Pages 45981-45984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21180]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0808]
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 for 
certain waters of the Patapsco River, Northwest Harbor and Inner 
Harbor. This action is necessary to provide for the safety of life on 
the navigable waters at Baltimore, MD, during the movement of the 
historic sloop-of-war USS CONSTELLATION on October 26, 2017. If 
necessary, due to inclement weather, the event will be rescheduled for 
October 27, 2017. This action will prohibit persons and vessels from 
entering the safety zone unless authorized by the Captain of the Port 
Maryland--National Capital Region.

DATES: This rule is effective from 8 a.m. on October 26, 2017, through 
1 p.m. on October 27, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0808 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Ronald L. Houck, at Sector Maryland--National Capital 
Region, Waterways Management Division, U.S. Coast Guard; telephone 410-
576-2674, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

[[Page 45982]]

II. Background Information and Regulatory History

    On September 15, 2017, Historic Ships in Baltimore of Baltimore, 
MD, notified the Coast Guard that from 9 a.m. to noon on October 26, 
2017, it will be conducting a tow of the historic sloop-of-war USS 
CONSTELLATION in Baltimore, MD, from its berth at the Inner Harbor to a 
point on the Patapsco River near the Fort McHenry National Monument and 
Historic Shrine, and its return to its berth at the Inner Harbor.
    This rule involves the USS CONSTELLATION ``turn-around'' cruise, an 
event that takes place in Baltimore, MD. A permanent safety zone for 
this rule, with an enforcement period from 2 p.m. through 7 p.m. local 
time annually on the Thursday before Memorial Day (observed), 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 October 26, 2017. If necessary, due to inclement 
weather, the event will be rescheduled for October 27, 2017. The event 
is scheduled to start at 9 a.m. and the event location remains 
unchanged.
    The Coast Guard is issuing this temporary 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 
September 15, 2017, and publication of this safety zone. It is 
impracticable and contrary to the public interest to publish an NPRM to 
provide a notice and an opportunity for comment period because we must 
establish this safety zone by October 26, 2017 to ensure the safety of 
vessels and the navigable waters before, during, and after the 
scheduled event. Such hazards include vessels colliding, sinking or 
grounding, creating hazards to navigation, and threatening the marine 
environment.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making it effective less than 30 days after publication in 
the Federal Register. Delaying the effective date of this rule would be 
impracticable and contrary to public interest because immediate action 
is needed to respond to the potential safety hazards associated with a 
movement of a historic sloop-of war being towed in confined waters 
during the boating season in Baltimore, MD.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP has determined that potential hazards associated with 
the USS CONSTELLATION ``turn-around'' cruise will be a safety concern 
for anyone on the Patapsco River, Northwest Harbor and Inner Harbor. 
The purpose of this rulemaking is to ensure the safety of vessels and 
the navigable waters in the safety zone before, during, and after the 
scheduled event.

IV. Discussion of the Rule

    This rule establishes a safety zone from 8 a.m. through 1 p.m. on 
October 26, 2017, and, if necessary due to inclement weather, from 8 
a.m. through 1 p.m. on October 27, 2017. 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 or the Patapsco River. This 
location is entirely within the Area of Responsibility of the COTP 
Maryland-National Capital Region, 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 COTP Maryland--
National Capital Region. Coast Guard personnel will be present 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 COTP Maryland--National Capital Region will issue 
Broadcast 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. The regulatory text appears 
at the end of this document.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, it has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the safety zone. Vessel traffic 
will be able to safely transit around this safety zone, which will 
impact a small designated area of the Patapsco River, Northwest Harbor 
and Inner Harbor for five hours during the weekday when vessel traffic 
is normally low. Moreover, the Coast Guard will issue a Broadcast 
Notice to Mariners via VHF-FM marine channel 22A about the zone. Such 
notifications will be updated as necessary, to keep the maritime 
community informed of the status of the safety zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement

[[Page 45983]]

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 
section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. 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.

F. 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 (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 a safety zone lasting approximately five hours that will 
prohibit entry within 200 yards ahead of and 100 yards outboard or aft 
of the historic sloop-of-war USS CONSTELLATION. It is categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. A Record of Environmental Consideration (REC) 
supporting this determination is available in the docket where 
indicated under ADDRESSES.

G. 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.

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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T05-0808 to read as follows:


Sec.  165.T05-0808  Safety Zone; Patapsco River, Northwest and Inner 
Harbors; Baltimore, MD.

    (a) Definitions. As used in this section:
    Captain of the Port Maryland--National Capital Region means the 
Commander, U.S. Coast Guard Sector Maryland--National Capital Region or 
any Coast Guard commissioned, warrant, or petty officer who has been 
authorized by the Captain of the Port, Maryland--National Capital 
Region to assist in enforcing the safety zone described in paragraph 
(b) of this section.
    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: The 
navigable waters within 200 yards ahead of or 100 yards outboard or aft 
of the historic sloop-of-war USS CONSTELLATION, while operating in the 
Inner Harbor, the Northwest Harbor or the Patapsco River.
    (c) Regulations. (1) The general safety zone regulations found in 
33 CFR 165.23 apply to the safety zone created by this temporary 
section, Sec.  165.T05.0808.
    (2) With the exception of USS CONSTELLATION ``turn-around'' 
participants, and vessels at berth, mooring, or at anchor, entry into 
or remaining in this zone is prohibited, unless authorized by the 
Captain of the Port, Maryland--National Capital Region. All vessels 
underway within this safety zone at the time it is implemented shall 
depart the safety zone.
    (3) Persons or vessels requiring entry into or passage through the 
moving safety zone must first request authorization from the Captain of 
the Port, Maryland--National Capital Region to seek permission to 
transit the area. The Captain of the Port, Maryland--National Capital 
Region can be contacted at telephone number (410) 576-2693 and on 
Marine Band Radio VHF Channel 16 (156.8 MHz). The Coast Guard vessels 
enforcing this section can be contacted on Marine Band Radio VHF 
Channel 16 (156.8 MHz). Upon being 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, 
Maryland--National

[[Page 45984]]

Capital Region, and proceed at the minimum speed necessary to maintain 
a safe course while within the zone.
    (4) The COTP Maryland--National Capital Region will notify the 
public of any changes in the status of this safety zone by Marine 
Safety Radio Broadcast on VHF-FM marine band radio channel 22A (157.1 
MHZ).
    (d) Enforcement officials. The U.S. Coast Guard may be assisted by 
Federal, State and local agencies in the patrol and enforcement of the 
zone.
    (e) Enforcement period. This section will be enforced from 8 a.m. 
through 1 p.m. on October 26, 2017, and, if necessary due to inclement 
weather, from 8 p.m. through 1 p.m. on October 27, 2017.

    Dated: September 27, 2017.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Maryland--National 
Capital Region.
[FR Doc. 2017-21180 Filed 10-2-17; 8:45 am]
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