[Federal Register Volume 72, Number 67 (Monday, April 9, 2007)]
[Proposed Rules]
[Pages 17458-17460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6537]


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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.

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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 
8\1/2\ 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''

[[Page 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 tug-assisted 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 turned-around, 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

[[Page 17460]]

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 Sec.  165.512 to read as follows:

Sec.  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 ``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: 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 Sec.  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]
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