[Federal Register Volume 78, Number 6 (Wednesday, January 9, 2013)]
[Proposed Rules]
[Pages 1795-1797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00214]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-1075]
RIN 1625-AA00


Safety Zone, Change to Enforcement Period, 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 is proposing a change to the enforcement 
period of a safety zone regulation for the annual movement of the 
historic sloop-of-war USS CONSTELLATION. This regulation applies to a 
recurring event that takes place in Baltimore, MD. The safety zone 
regulation is necessary to provide for the safety of life on navigable 
waters during the event. This action is intended to restrict vessel 
traffic in portions of the Patapsco River, Northwest Harbor and Inner 
Harbor during the event.

DATES: Comments and related material must be received by the Coast 
Guard on or before February 8, 2013.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Ronald L. Houck, Sector Baltimore, Waterways 
Management Division, U.S. Coast Guard; telephone (410) 576-2674, email 
<a href="/cdn-cgi/l/email-protection#580a373639343c76147610372d3b33182d2b3b3f76353134"><span class="__cf_email__" data-cfemail="2a7845444b464e04660462455f49416a5f59494d04474346">[email protected]</span></a>. If you have questions on viewing or submitting 
material to the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2012-1075] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2012-1075) in

[[Page 1796]]

the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on 
the line associated with this rulemaking. You may also visit the Docket 
Management Facility in Room W12-140 on the ground floor of the 
Department of Transportation West Building, 1200 New Jersey Avenue SE., 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting 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.

B. Basis and Purpose

    This rule involves the USS CONSTELLATION ``turn-around'' cruise, an 
event that takes place in Baltimore, Maryland. A permanent safety zone 
for this proposed rule, with an enforcement period from 2 p.m. through 
7 p.m. local time annually on the Friday following Labor Day, has been 
published and is detailed at Title 33 Code of Federal Regulations, 
Section 165.512. Due however to a change in scheduling, future such 
events are planned for the Thursday before Memorial Day (observed), 
and, if necessary due to inclement weather, on the Thursday following 
Memorial Day (observed). The event time and location remain unchanged.
    Historic Ships in Baltimore is planning to conduct its turn-around 
ceremony involving the sloop-of-war USS CONSTELLATION in Baltimore, 
Maryland on the Thursday before Memorial Day (observed). 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 the Thursday following 
Memorial Day (observed).
    To address safety concerns during the event, the Captain of the 
Port Baltimore proposes to change to the enforcement period of a safety 
zone regulation for the annual movement of the historic sloop-of-war 
USS CONSTELLATION, conducted upon certain waters of the Patapsco River, 
Northwest Harbor and Inner Harbor. The proposed change to the 
enforcement period of 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, the safety 
zone is prudent.

C. Discussion of Proposed Rule

    The Coast Guard proposes to change the enforcement period of the 
safety zone for a recurring event conducted in portions of the Patapsco 
River, Northwest Harbor and Inner Harbor. This regulation applies to 
the annual movement of the historic sloop-of-war USS CONSTELLATION 
detailed at Title 33 Code of Federal Regulations, Section 165.512.
    Title 33 Code of Federal Regulations, Section 165.512, paragraph 
(e), establishes the enforcement date for the USS CONSTELLATION ``turn-
around'' cruise event held in Baltimore, MD. This regulation does not 
change the enforcement times for the event. The safety zone will be 
enforced from 2 p.m. through 7 p.m. on the Thursday before Memorial Day 
(observed), and, if necessary due to inclement weather, from 2 p.m. 
through 7 p.m. on the Thursday following Memorial Day (observed), and 
will restrict general navigation in the regulated area during the 
event. Historic Ships in Baltimore, which is the sponsor for this 
event, holds this event annually. Except for participants and vessels 
authorized by the Coast Guard Captain of the Port Baltimore or the 
designated on-scene patrol personnel, no person or vessel will be 
allowed to enter or remain in the regulated area. This regulation is 
needed to control vessel traffic during the event to enhance the safety 
of participants, spectators and transiting vessels.

D. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. 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.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule 
will 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 or transit through or within the safety 
zone during the enforcement period. Before the effective period, 
maritime advisories will be widely available to the maritime community.
    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

[[Page 1797]]

ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

3. 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. 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, above. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

4. Collection of Information

    This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).

5. Federalism

    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 proposed rule under that Order and 
determined that this rule does not have implications for federalism.

6. 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.

7. 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would 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.

9. 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.

10. Protection of Children From Environmental Health Risks

    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.

11. 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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed 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 
made a preliminary determination 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 proposed rule involves 
establishing a temporary safety zone. This rule is categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. A preliminary environmental analysis checklist 
supporting this determination and a Categorical Exclusion Determination 
are available in the docket where indicated under ADDRESSES. We seek 
any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed rule.

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

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, and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

0
2. Revise paragraph (e) of Sec.  165.512 to read as follows:


Sec.  165.512  Safety Zone; Patapsco River, Northwest and Inner 
Harbors, Baltimore, MD.

* * * * *
    (e) Enforcement period. This section will be enforced from 2 p.m. 
through 7 p.m. on the Thursday before Memorial Day (observed), and, if 
necessary due to inclement weather, from 2 p.m. through 7 p.m. on the 
Thursday following Memorial Day (observed).
* * * * *

    Dated: December 20, 2012.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2013-00214 Filed 1-8-13; 8:45 am]
BILLING CODE 9110-04-P


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