[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]



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.


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 Ronald.L.Houck@uscg.mil. 
If you have questions on viewing the docket, call Renee V. Wright, 
Program Manager, Docket Operations, telephone 202-366-9826.


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 
    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 

[[Page 25594]]

Reduction Act of 1995 (44 U.S.C. 3501-3520).


    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 

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 

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.


    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:


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.

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 
    (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 
    (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]