17458 Federal Register / Vol. 72, No. 67 / Monday, April 9, 2007 / Proposed Rules 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Commandant Instruction 

M16475.lD and Department of 

Homeland Security Management 

Directive 5100.1, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA)(42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that there are no factors in this case that 

would limit the use of a categorical 

exclusion under section 2.B.2 of the 

Instruction. Therefore, we believe that 

this rule should be categorically 

excluded, under figure 2–1, paragraph 

(34)(h), of the instruction, an 

‘‘Environmental Analysis Check List’’ is 

not required for this rule. Comments on 

this section will be considered before 

we make the final decision on whether 

this rule should be categorically 

excluded from further environmental 

review. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR Part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

1. The authority citation for Part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

2. Add temporary § 100.35-T05–029 to 

read as follows: 

§ 100.35–T05–029 Roanoke River, 

Plymouth, North Carolina. 

(a) Regulated area. The regulated area 

includes all waters of Roanoke River 

commencing at the north river bank at 

latitude 350°52′20′′ N, longitude 

0760°44′47′′ W, thence a line 180 

degrees due south across the river to the 

shoreline thence west along the 

shoreline to a position located at 

latitude 35°51′43′′ N, longitude 

076°43′45′′ W, thence 000 degrees due 

north across the river to the shoreline 

thence east along the shoreline to the 

point of origin. All coordinates 

reference Datum NAD 1983. 

(b) Definitions. (1) Coast Guard Patrol 

Commander means a commissioned, 

warrant, or petty officer of the Coast 

Guard who has been designated by the 

Commander, Coast Guard Sector North 

Carolina. 

(2) Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector North Carolina with 

a commissioned, warrant, or petty 

officer on board and displaying a Coast 

Guard ensign. 

(c) Special local regulations. (1) 

Except for persons or vessels authorized 

by the Coast Guard Patrol Commander, 

no person or vessel may enter or remain 

in the regulated area. 

(2) The operator of any vessel in the 

regulated area shall: 

(i) Stop the vessel immediately when 

directed to do so by any Official Patrol. 

(ii) Proceed as directed by any official 

patrol. 

(d) Enforcement period. This section 

will be enforced from 10 a.m. to 8:30 

p.m. on June 24, July 22, August 11, 12, 

19, September 30 and October 21, 2007. 

Dated: March 20, 2007. 

Larry L. Hereth, 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. 07–1621 Filed 4–6–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD05–07–010] 

RIN 1625–AA00 

Safety Zone; Patapsco River, 

Northwest and Inner Harbors, 

Baltimore, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a permanent 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, 

annually, on the Friday following Labor 

Day. 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 return. This 

action will restrict vessel traffic in 

portions of the Patapsco River, 

Northwest Harbor, and Inner Harbor 

during the event. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

June 8, 2007. 

ADDRESSES: You may mail comments 

and related material to Commander, 

U.S. Coast Guard Sector Baltimore, 2401 

Hawkins Point Road, Building 70, 

Waterways Management Division, 

Baltimore, Maryland, 21226–1791. Coast 

Guard Sector Baltimore, Waterways 

Management Division, maintains the 

public docket for this rulemaking. 

Comments and material received from 

the public, as well as documents 

indicated in this preamble as being 

available in the docket, will become part 

of this docket and will be available for 

inspection or copying at Commander, U. 

S. Coast Guard Sector Baltimore, 2401 

Hawkins Point Road, Building 70, 

Waterways Management Division, 

Baltimore, Maryland, 21226–1791 

between 8 a.m. and 3 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Ronald Houck, at Coast Guard Sector 

Baltimore, Waterways Management 

Division, at (410) 576–2674 or (410) 

576–2693. 

SUPPLEMENTARY INFORMATION: 

Request for Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related material. If you 

do so, please include your name and 

address, identify the docket number for 

this rulemaking (CGD05–07–010), 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. Please submit all comments 

and related material in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying. If you would like 

to know they reached us, please enclose 

a stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period. We may change 

this proposed rule in view of them. 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for a meeting by writing to Coast Guard 

Sector Baltimore, Waterways 

Management Division, at the address 

under ADDRESSES explaining why one 

would be beneficial. If we determine 

that one would aid this rulemaking, we 

will hold one at a time and place 

announced by a later notice in the 

Federal Register. 

Background and Purpose 

Each year, the USS CONSTELLATION 

Museum conducts a ‘‘turn-around’’


rwilkins on PROD1PC63 with PROPOSAL
Federal Register / Vol. 72, No. 67 / Monday, April 9, 2007 / Proposed Rules 17459 

ceremony involving the sloop-of-war 

USS CONSTELLATION in Baltimore, 

Maryland on the Friday following Labor 

Day. The annual turning of the USS 

CONSTELLATION aids in the 

maintenance of the historic ship by 

ensuring even weathering of her hull. 

Planned events include a three-hour, 

round-trip tow of the CONSTELLATION 

in the Port of Baltimore, with an 

onboard salute with navy pattern 

cannon while the historic vessel is 

positioned off Fort McHenry National 

Monument and Historic Site. 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 

CONSTELLATION to its berth in the 

Inner Harbor is expected to occur 

immediately upon execution of a tugassisted turn-around of the 

CONSTELLATION on the Patapsco 

River near Fort McHenry. The Coast 

Guard anticipates a large recreational 

boating fleet during this event. 

Operators should expect significant 

vessel congestion along the planned 

route. 

The purpose of this rule is 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. The rule 

will provide for a clear transit route for 

the participating vessels, and provide a 

safety buffer around the participating 

vessels while they are in transit. The 

rule will impact the movement of all 

vessels operating upon certain waters of 

the Patapsco River, Northwest Harbor 

and Inner Harbor. 

Discussion of Proposed Rule 

The historic sloop-of-war USS 

CONSTELLATION is towed ‘‘dead 

ship’’ annually on the Friday following 

Labor Day, from its berth at Pier 1 in 

Baltimore’s Inner Harbor to a point on 

the Patapsco River near Fort McHenry 

National Monument and Historic 

Shrine, Baltimore, Maryland. The 

voyage takes place along a planned 

route of approximately four nautical 

miles one-way, which includes waters 

of the Patapsco River, Northwest Harbor 

and Inner Harbor. After being turnedaround, the USS CONSTELLATION is 

returned to its original berth at Pier 1, 

Inner Harbor, Baltimore, Maryland. 

The safety of dead ship tow 

participants requires that persons and 

vessels be kept at a safe distance from 

the intended route during this 

evolution. The Coast Guard proposes to 

establish a moving safety zone around 

the USS CONSTELLATION dead ship 

tow participants annually, between 2 

p.m. and 7 p.m., local time, on the 

Friday following Labor Day, to ensure 

the safety of participants and spectators 

immediately prior to, during, and 

following the dead ship tow. 

Interference with normal port 

operations will be kept to the minimum 

considered necessary to ensure the 

safety of life on the navigable waters 

immediately before, during, and after 

the scheduled event. 

Regulatory Evaluation 

This proposed 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. It is not 

‘‘significant’’ under the regulatory 

policies and procedures of the 

Department of Homeland Security 

(DHS). 

We expect the economic impact of 

this proposed rule to be so minimal that 

a full Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed 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 proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. This proposed rule would affect 

the following entities, some of which 

might be small entities: The owners or 

operators of vessels intending to 

operate, remain or anchor within certain 

waters of the Patapsco River, Northwest 

Harbor and Inner Harbor, in Baltimore, 

Maryland, from 2 p.m. through 7 p.m., 

local time, annually on the Friday 

following Labor Day. Because the zone 

is of limited size and duration, it is 

expected that there will be minimal 

disruption to the maritime community. 

Before the effective period, the Coast 

Guard will issue maritime advisories 

widely available to users of the river 

and harbors to allow mariners to make 

alternative plans for transiting the 

affected areas. In addition, smaller 

vessels not constrained by their draft, 

which are more likely to be small 

entities, may transit around the safety 

zone. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

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 proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

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 under FOR FURTHER INFORMATION

CONTACT. 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 proposed rule would call for no 

new collection of information under the 

Paperwork 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 proposed 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 or more in any one year. 

Though this proposed rule would not 

result in such an expenditure, we do 

discuss the effects of this rule elsewhere 

in this preamble. 

Taking of Private Property 

This proposed rule would not effect a 

taking of private property or otherwise 


rwilkins on PROD1PC63 with PROPOSAL
17460 Federal Register / Vol. 72, No. 67 / Monday, April 9, 2007 / Proposed Rules 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

Civil Justice Reform 

This proposed 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 proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would 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 proposed 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 proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Commandant Instruction 

M16475.lD and Department of 

Homeland Security Management 

Directive 5100.1, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that there are no factors in this case that 

would limit the use of a categorical 

exclusion under section 2.B.2 of the 

Instruction. Therefore, we believe that 

this rule should be categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction, from further 

environmental documentation because 

the rule establishes a safety zone. 

A preliminary ‘‘Environmental 

Analysis Check List’’ is available in the 

docket where indicated under 

ADDRESSES. Comments on this section 

will be considered before we make the 

final decision on whether this rule 

should be categorically excluded from 

further environmental review. 

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 proposes to 

amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

2. Add § 165.512 to read as follows: 

§ 165.512 Safety Zone; Patapsco River, 

Northwest and Inner Harbors, Baltimore, 

MD. 

(a) Definitions. For the purposes of 

this section: 

(1) Captain of the Port, Baltimore, 

Maryland means the Commander, Coast 

Guard Sector Baltimore or any Coast 

Guard commissioned, warrant, or petty 

officer who has been authorized by the 

Captain of the Port, Baltimore, Maryland 

to act on his or her behalf. 

(2) USS CONSTELLATION ‘‘turnaround’’ participants means the USS 

CONSTELLATION, its support craft and 

the accompanying towing vessels. 

(b) Location. The following area is a 

moving safety zone: all waters, from 

surface to bottom, 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 

regulations governing safety zones, 

found in § 165.23, apply to the safety 

zone described in paragraph (b) of this 

section. 

(2) With the exception of USS 

CONSTELLATION ‘‘turn-around’’

participants, entry into or remaining in 

this zone is prohibited, unless 

authorized by the Captain of the Port, 

Baltimore, Maryland. 

(3) Persons or vessels requiring entry 

into or passage through the moving 

safety zone must first request 

authorization from the Captain of the 

Port, Baltimore, Maryland. The Captain 

of the Port, Baltimore, Maryland can be 

contacted at telephone number (410) 

576–2693. 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, persons 

or vessels shall proceed as directed. If 

permission is granted, all persons or 

vessels must comply with the 

instructions of the Captain of the Port, 

Baltimore, Maryland, and proceed at the 

minimum speed necessary to maintain a 

safe course while within the zone. 

(d) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the zone by Federal, 

State and local agencies. 

(e) Enforcement period. This section 

will be enforced from 2 p.m. through 7 

p.m., local time, annually on the Friday 

following Labor Day. 

Dated: March 22, 2007. 

Jonathan C. Burton, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port, Baltimore, Maryland. 

[FR Doc. E7–6537 Filed 4–6–07; 8:45 am] 

BILLING CODE 4910–15–P 


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