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Safety Zone; Patapsco River, Northwest and Inner Harbors, Baltimore, MD
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[Federal Register: August 24, 2006 (Volume 71, Number 164)]
[Rules and Regulations]
[Page 49993-49995]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24au06-8]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-06-062]
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 upon
certain waters of the Patapsco River, Northwest Harbor, and Inner
Harbor during the movement of the historic sloop-of-war USS
CONSTELLATION. 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: This rule is effective from 2 p.m. through 7 p.m. local time on
September 8, 2006.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD05-06-062 and are 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 telephone number
(410) 576-2674 or (410) 576-2693.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On June 22, 2006, we published a notice of proposed rulemaking
(NPRM) entitled ``Safety Zone; Patapsco River, Northwest and Inner
Harbors, Baltimore, MD'' in the Federal Register (71 FR 35854). We
received no letters commenting on the proposed rule. No public meeting
was requested, and none was held.
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
recreational boating 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 towing and turn-around of the historic USS CONSTELLATION.
Background and Purpose
The USS CONSTELLATION Museum is planning to conduct a ``turn-
around'' ceremony involving the sloop-of-war USS CONSTELLATION in
Baltimore, Maryland on Friday, September 8, 2006. 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, scheduled on a late Friday afternoon during the summer in
Baltimore, Maryland. 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 Comments and Changes
The Coast Guard received no comments on the proposed rule during
the comment period published in the NPRM. No public meeting was
requested and none was held. As a result, no change to the proposed
regulatory text was made.
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.
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, 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. on September 8, 2006. 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.
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. However,
we received no requests for assistance from any small entities.
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
[[Page 49994]]
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 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this 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 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.
A final ``Environmental Analysis Check List'' and 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.
? 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
? 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; Public
Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
? 2. Add Sec. 165.T05-062 to read as follows:
Sec. 165.T05-062 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, 100 yards
outboard, and 100 yards 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 to seek permission to transit the area. The
[[Page 49995]]
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, the person or vessel 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) Effective period. This section will be enforced from 2 p.m.
through 7 p.m. local time on September 8, 2006.
Dated: August 11, 2006.
Jonathan C. Burton,
Commander, U.S. Coast Guard, Acting Captain of the Port, Baltimore,
Maryland.
[FR Doc. E6-14071 Filed 8-23-06; 8:45 am]
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