Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Proposed Rules 1795 

points: starting at Point 1 in position 

27°12′47′′ N, 80°11′43′′ W; thence 

southeast to Point 2 in position 

27°12′40′′ N, 80°11′38′′ W; thence 

northeast to Point 3 in position 

27°11′52′′ N, 80°11′25′′ W; thence 

northwest to Point 4 in position 

27°12′54′′ N, 80°11′26′′ W; thence 

southwest back to origin. On-scene 

designated representatives will direct 

spectator vessels to the spectator area. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

Captain of the Port Miami in the 

enforcement of the regulated area. 

(c) Regulations. 

(1) All persons and vessels, are 

prohibited from: 

(A) Entering, transiting through, 

anchoring in, or remaining within the 

race area, unless participating in the 

race. 

(B)Transiting through, anchoring in, 

or remaining within the buffer zone, 

unless enforcing the buffer zone or a 

race participant transiting to the race 

area. 

(C) Traveling in excess of no-wake 

speed in the spectator area. 

(2) Persons and vessels may request 

authorization to enter, transit through, 

anchor in, or remain within the 

regulated area by contacting the Captain 

of the Port Miami by telephone at 305– 

535–4472, or a designated 

representative via VHF radio on channel 

16. If authorization is granted by the 

Captain of the Port Miami or a 

designated representative, all persons 

and vessels receiving such authorization 

must comply with the instructions of 

the Captain of the Port Miami or a 

designated representative. 

(3) The Coast Guard will provide 

notice of the regulated areas by Local 

Notice to Mariners, Broadcast Notice to 

Mariners, and on-scene designated 

representatives. 

(d) Enforcement Date. This rule will 

be enforced from 9:00 a.m. until 5:00 

p.m. daily from April 19, 2013 through 

April 21, 2013. 

Dated: December 26, 2012. 

J.B. Pruett, 

Captain, U.S. Coast Guard, Acting Captain 

of the Port Miami. 

[FR Doc. 2013–00276 Filed 1–8–13; 8:45 am] 

BILLING CODE 9110–04–P 

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. 

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 

Ronald.L.Houck@uscg.mil. 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 81⁄2 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 


srobinson on DSK4SPTVN1PROD with 
1796 Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Proposed Rules 

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 Sloopof-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 tugassisted ‘‘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 sloopof-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 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Proposed Rules 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 

■ 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. 

■ 2. Revise paragraph (e) of § 165.512 to 

read as follows: 

§ 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 


srobinson on DSK4SPTVN1PROD with