[Federal Register: September 2, 2003 (Volume 68, Number 169)]
[Rules and Regulations]
[Page 52098-52100]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02se03-10]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-03-122]
RIN 1625-AA00
Safety Zone; Patapsco River, Northwest and Inner Harbors,
Baltimore, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
Port of Baltimore, Maryland for the USS CONSTELLATION. This action is
necessary to provide for the safety of life on navigable waters during
the dead ship tow of the vessel from its mooring, to the Patapsco
River, and return. This action will restrict vessel traffic in portions
of the Inner Harbor, the Northwest Harbor, and the Patapsco River.
DATES: This rule is effective from 3:30 p.m. to 7:30 p.m. local time on
September 5, 2003.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD05-03-122 and are available for
inspection or copying at Commander, U.S. Coast Guard Activities, 2401
Hawkins Point Road, Building 70, Port Safety, Security and Waterways
Management Branch, Baltimore, Maryland, 21226-1791, between 9 a.m. and
3 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Ron Houck, at Coast Guard
Activities Baltimore, Port Safety, Security and Waterways Management
Branch, at telephone number (410) 576-2674 or (410) 576-2693.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. Publishing an NPRM is
impracticable due to the unique nature of the rule and its short
duration. The USS CONSTELLATION will be towed ``dead ship,'' which
means that the vessel will be underway without the benefit of
mechanical or sail propulsion. However, it is imperative that there be
a clear transit route and a safe buffer zone around the USS
CONSTELLATION and the vessels towing her. 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. The Coast
Guard expects a large spectator fleet. For safety concerns, it is in
the public interest to have a safety zone in place for the event, since
immediate action is needed to protect mariners against potential
hazards associated with the turn-around of the USS CONSTELLATION.
Background and Purpose
The USS CONSTELLATION Foundation, Inc. is sponsoring its ``turn-
around'' of the historic sloop-of-war USS CONSTELLATION in Baltimore,
Maryland. The event is part of the ongoing maintenance and care of the
ship, making sure that it weathers evenly on both sides. Planned events
include the ``dead ship'' tow of the USS CONSTELLATION and an onboard
salute with navy pattern cannon while off Fort McHenry National
Monument and Historic Site.
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 in the specified areas of the Port of Baltimore.
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.
Discussion of Rule
The historic sloop-of-war USS CONSTELLATION is scheduled to conduct
a ``turn-around'' on September 5, 2003. The USS CONSTELLATION is
[[Page 52099]]
scheduled to be towed from its berth, to Fort McHenry, and return,
along a route of approximately 2.5 nautical miles (5 nautical miles
total) that includes specified waters of the Inner Harbor, Northwest
Harbor and Patapsco River.
The safety of dead ship tow participants requires that spectator
craft be kept at a safe distance from the intended route during this
evolution. The Coast Guard is establishing a temporary moving safety
zone around the USS CONSTELLATION ``turn-around'' participants on
September 5, 2003, to ensure the safety of participants and spectators
immediately prior to, during, and following the dead ship tow.
Regulatory Evaluation
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. 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. This finding is based on the
limited size of the zone, the minimal time that vessels will be
restricted from the zone, vessels may transit a portion of the Inner
Harbor, Northwest Harbor, and Patapsco River around the zone, and the
zone will be well publicized to allow mariners to make alternative
plans for transiting the affected area. In addition, vessels that may
need to enter the zone may request permission on a case-by-case basis
from the COTP Baltimore or his designated representatives.
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 would affect the following entities, some of which
might be small entities: The owners or operators of vessels intending
to operate or anchor in portions of the Inner Harbor, the Northwest
Harbor, and the Patapsco River in the Port of Baltimore, Maryland.
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 to allow mariners to make alternative
plans for transiting the affected areas. In addition, smaller vessels,
which are more likely to be small entities, may transit around the
zones and request permission from the COTP Baltimore on a case-by-case
basis to enter the zones.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), 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 process. If the
rule would affect your small business and you have questions concerning
its provisions or options for compliance, please contact the person
listed under FOR FURTHER INFORMATION CONTACT.
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).
Collection of Information
This rule calls 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 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 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 effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
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
[[Page 52100]]
require a Statement of Energy Effects under Executive Order 13211.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
concluded 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, this rule is categorically excluded, under figure 2-1,
paragraph (34)(g), of the Instruction, from further environmental
documentation because this rule establishes a safety zone. A final
``Categorical Exclusion Determination'' will be 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.
0
For the reasons discussed in the preamble, the Coast Guard amends 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. 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
0
2. Add Sec. 165.T05-122 to read as follows:
Sec. 165.T05-122 Safety Zone; Patapsco River, Northwest and Inner
Harbors, Baltimore, MD.
(a) Definitions. As used in this section--
Captain of the Port means the Commander, Coast Guard Activities
Baltimore or any Coast Guard commissioned, warrant, or petty officer
who has been authorized by the Captain of the Port to act on his
behalf.
USS CONSTELLATION ``turn-around'' participants means the USS
CONSTELLATION and its accompanying towing vessels.
(b) Location. The following area is a moving safety zone: all
waters within 200 yards ahead of or 100 yards outboard or aft of the
historic sloop-of-war USS CONSTELLATION, while operating on the Inner
Harbor, Northwest Harbor and Patapsco River, Baltimore, Maryland.
(c) Regulations. (1) All persons are required to comply with the
general regulations governing safety zones found in Sec. 165.23 of
this part.
(2) Persons or vessels requiring entry into or passage through a
safety zone must first request authorization from the Captain of the
Port or his designated representative. The Coast Guard vessels
enforcing this section can be contacted on VHF Marine Band Radio,
channels 13 and 16. The Captain of the Port can be contacted at (410)
576-2693.
(3) No vessel movement is allowed within the safety zone unless
expressly authorized by the Captain of the Port or his designated
representative.
(d) Enforcement period. This section will be enforced from 3:30
p.m. to 7:30 p.m. local time on September 5, 2003.
Dated: August 15, 2003.
Curtis A. Springer,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. 03-22206 Filed 8-29-03; 8:45 am]
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