[Federal Register Volume 77, Number 84 (Tuesday, May 1, 2012)]
[Rules and Regulations]
[Pages 25592-25595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10484]
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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: 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
May 24, 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: This rule is effective from May 24, 2012 through May 31, 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-2012-0101 and are available online by going to
http://www.regulations.gov, inserting USCG-2012-0101 in the ``Keyword''
box, and then clicking ``Search.'' Click on Open Docket Folder on the
line associated with this rulemaking. 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.
[[Page 25593]]
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 February 27, 2012, we published a notice of proposed rulemaking
(NPRM) entitled ``Safety Zone; Patapsco River, Northwest and Inner
Harbors, Baltimore, MD'' in the Federal Register (77 FR 11434). We
received one comment on the proposed rule. No public meeting was
requested, and none was held.
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.
Background 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 24, 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 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 May 31, 2012.
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.
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, Mr. Christopher Rowsom of Historic Ships in
Baltimore, who is the event organizer, stated that the date for the USS
Constellation Turn-around Cruise was posted incorrectly as May 25, the
actual date for the event is Thursday, May 24, 2012, and all event
times remain the same.
We are adjusting the timing accordingly. We believe that changing
the effective date in the rule as suggested by the commenter, from May
25 to May 24, will not adversely affect waterway users in the Patapsco
River, Northwest Harbor and Inner Harbor on May 24, 2012.
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. 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 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 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.
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
[[Page 25594]]
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.
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)(g), of the Instruction. This rule 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 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 is
amending 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.T05-0101 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.
(2) [Reserved]
(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 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
[[Page 25595]]
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 24, 2012, and, if necessary due to inclement
weather, from 2 p.m. through 7 p.m. on May 31, 2012.
Dated: April 11, 2012.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2012-10484 Filed 4-30-12; 8:45 am]
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