[Federal Register: April 15, 2008 (Volume 73, Number 73)]
[Proposed Rules]
[Page 20220-20223]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ap08-23]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0180]
RIN 1625-AA00
Safety Zone; Patapsco River, Northwest and Inner Harbors,
Baltimore, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a temporary safety zone
upon certain waters of the Patapsco River, Northwest Harbor and Inner
Harbor during the movements of the historic sloop-of-war USS
CONSTELLATION. This action is necessary to provide for the safety of
life on navigable waters during two tows of the vessel in Baltimore,
Maryland; one from its berth at Baltimore's Inner Harbor to a berth at
the South Locust Point Marine Terminal, and the other from the South
Locust Point Marine Terminal to its berth at Baltimore's Inner Harbor.
This action will restrict vessel traffic in portions of the Patapsco
River, Northwest Harbor, and Inner Harbor during these events.
DATES: Comments and related material must reach the Coast Guard on or
before May 30, 2008.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2008-0180 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Online: http://www.regulations.gov.
(2) Mail: 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.
(3) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
(4) Fax: 202-493-2251.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Mr. Ronald Houck, at Coast Guard Sector Baltimore, Waterways
Management Division, at telephone number (410) 576-2674 or (410) 576-
2693. 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:
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. We have an agreement with the
Department of Transportation (DOT) to use the Docket Management
Facility. Please see DOT's ``Privacy Act'' paragraph below.
[[Page 20221]]
Submitting comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-0180), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and a mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or 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 them 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. We may change this
proposed rule in view of them.
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 at
any time. Enter the docket number for this rulemaking (USCG-2008-0180)
in the Search box, and click ``Go >>.'' You may also visit either the
Docket Management Facility in Room W12-140 on the ground floor of the
DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays; or the 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.
Privacy Act
Anyone can search the electronic form of all 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 the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit http://
DocketsInfo.dot.gov.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility 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
The USS CONSTELLATION Museum is planning to conduct a ceremony in
the Port of Baltimore, Maryland, involving the sloop-of-war USS
CONSTELLATION on Friday, August 8, 2008. Scheduled events include a
four-hour tow of the USS CONSTELLATION beginning at 6 p.m., from its
berth at Pier 1 Inner Harbor to the Locust Point Cruise Ship Terminal
berth at the South Locust Point Marine Terminal, with an onboard salute
with navy pattern cannon while the historic vessel is positioned off
Fort McHenry National Monument and Historic Site. A one-hour return tow
of the CONSTELLATION is scheduled for Sunday, August 10, 2008.
Departure from the Locust Point Cruise Ship Terminal will occur at 7
a.m. and arrival at Pier 1 Inner Harbor at 8 a.m. For both tows, 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. While berthed at the Locust Point Cruise
Ship Terminal, the vessel will participate in the commissioning
ceremonies for the U.S. Navy's new Arleigh Burke class Aegis guided
missile destroyer USS STERETT, DDG 104. The Coast Guard anticipates a
large recreational boating fleet during these events, scheduled on a
weekend during the summer in Baltimore, Maryland. Operators should
expect significant vessel congestion along the planned route.
The purpose of this proposed 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
proposed 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 proposed 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 scheduled to be
towed ``dead ship'' on August 8, 2008 and on August 10, 2008. The
CONSTELLATION is scheduled to be towed within the Port of Baltimore,
Maryland, from its berth at Pier 1 in Baltimore's Inner Harbor to the
Locust Point Cruise Ship Terminal, at South Locust Point Marine
Terminal, along a one-way, planned route of approximately four nautical
miles, which includes specified waters of the Patapsco River, Northwest
Harbor and Inner Harbor.
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 temporary moving
safety zone around the USS CONSTELLATION dead ship tow participants for
all waters within 200 yards ahead of, 100 yards outboard and 100 yards
aft of the historic Sloop-of-War USS CONSTELLATION while operating in
the Inner Harbor, the Northwest Harbor and the Patapsco River on August
8, 2008 and on August 10, 2008, to ensure the safety of participants
and spectators immediately prior to, during, and following the dead
ship tows. 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
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analysis based on 13 of these statutes or executive orders.
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
[[Page 20222]]
Harbor and Inner Harbor, in Baltimore, Maryland, from 5 p.m. through 11
p.m. on August 8, 2008 and from 6 a.m. through 11 a.m. on August 10,
2008. 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 Mr. Ronald Houck, at Coast Guard
Sector Baltimore, Waterways Management Division, at telephone number
(410) 576-2674 or (410) 576-2693. 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 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 which guides 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 not likely to
have a significant effect on the human environment. A preliminary
``Environmental Analysis Check List'' supporting this preliminary
determination is 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.
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.
Words of Issuance and Proposed Regulatory Text
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
[[Page 20223]]
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.T08-019 to read as follows:
Sec. 165.T08-019 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 within 200 yards ahead of, 100 yards outboard and 100 yards aft
of the historic Sloop-of-War USS CONSTELLATION, surface to bottom,
while operating in the Inner Harbor, the Northwest Harbor and 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 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. This
section will be enforced from 5 p.m. through 11 p.m. on August 8, 2008
and from 6 a.m. through 11 a.m. on August 10, 2008.
Dated: March 21, 2008.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. E8-7938 Filed 4-14-08; 8:45 am]
BILLING CODE 4910-15-P