Safety Zone; Patapsco River, Northwest and Inner Harbors, Baltimore, MD, 49487-49490 [05-16792]
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Federal Register / Vol. 70, No. 163 / Wednesday, August 24, 2005 / Rules and Regulations
Authority: Pub. L. 93–579, 88 Stat. 1896 (5
U.S.C. 552a).
2. In § 505.5, paragraph (e)(20) is added
to read as follows:
n
§ 505.5
Exemptions.
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(e) Exempt Army records. * * *
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(20) System identifier and name:
A0195–2c USACIDC DoD, DoD Criminal
Investigation Task Force (CITF) Files.
(i) Exemption: Parts of this system
may be exempt pursuant to 5 U.S.C.
552a(j)(2) if the information is compiled
and maintained by a component of the
agency, which performs as its principle
function any activity pertaining to the
enforcement of criminal laws. Any
portion of this system of records which
falls within the provisions of 5 U.S.C.
552a(j)(2) may be exempt from the
following subsections of 5 U.S.C.
552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3),
(e)(4)(G), (H), and (I), (e)(5), (e)(8), (f),
and (g).
(ii) Authority: 5 U.S.C. 552a(j)(2).
(iii) Reasons: (A) From subsection
(c)(3) because the release of accounting
of disclosure would inform a subject
that he or she is under investigation.
This information would provide
considerable advantage to the subject in
providing him or her with knowledge
concerning the nature of the
investigation and the coordinated
investigative efforts and techniques
employed by the cooperating agencies.
This would greatly impede criminal law
enforcement.
(B) From subsection (c)(4) and (d),
because notification would alert a
subject to the fact that an open
investigation on that individual is
taking place, and might weaken the ongoing investigation, reveal investigative
techniques, and place confidential
informants in jeopardy.
(C) From subsection (e)(1) because the
nature of the criminal and/or civil
investigative function creates unique
problems in prescribing a specific
parameter in a particular case with
respect to what information is relevant
or necessary. Also, information may be
received which may relate to a case
under the investigative jurisdiction of
another agency. The maintenance of this
information may be necessary to
provide leads for appropriate law
enforcement purposes and to establish
patterns of activity that may relate to the
jurisdiction of other cooperating
agencies.
(D) From subsection (e)(2) because
collecting information to the fullest
extent possible directly from the subject
individual may or may not be practical
in a criminal and/or civil investigation.
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(E) From subsection (e)(3) because
supplying an individual with a form
containing a Privacy Act Statement
would tend to inhibit cooperation by
many individuals involved in a criminal
and/or civil investigation. The effect
would be somewhat adverse to
established investigative methods and
techniques.
(F) From subsections (e)(4)(G), (H),
and (I) because this system of records is
exempt from the access provisions of
subsection (d).
(G) From subsection (e)(5) because the
requirement that records be maintained
with attention to accuracy, relevance,
timeliness, and completeness would
unfairly hamper the investigative
process. It is the nature of law
enforcement for investigations to
uncover the commission of illegal acts
at diverse stages. It is frequently
impossible to determine initially what
information is accurate, relevant, timely,
and least of all complete. With the
passage of time, seemingly irrelevant or
untimely information may acquire new
significance as further investigation
brings new details to light.
(H) From subsection (e)(8) because the
notice requirements of this provision
could present a serious impediment to
law enforcement by revealing
investigative techniques, procedures,
and existence of confidential
investigations.
(I) From subsection (f) because the
agency’s rules are inapplicable to those
portions of the system that are exempt
and would place the burden on the
agency of either confirming or denying
the existence of a record pertaining to a
requesting individual might in itself
provide an answer to that individual
relating to an on-going investigation.
The conduct of a successful
investigation leading to the indictment
of a criminal offender precludes the
applicability of established agency rules
relating to verification of record,
disclosure of the record to that
individual, and record amendment
procedures for this record system.
(J) From subsection (g) because this
system of records should be exempt to
the extent that the civil remedies relate
to provisions of 5 U.S.C. 552a from
which this rule exempts the system.
(K) Consistent with the legislative
purpose of the Privacy Act of 1974, the
Department of the Army will grant
access to nonexempt material in the
records being maintained. Disclosure
will be governed by the Department of
the Army’s Privacy regulation, but will
be limited to the extent that the identity
of confidential sources will not be
compromised; subjects of an
investigation of an actual or potential
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49487
criminal violation will not be alerted to
the investigation; the physical safety of
witnesses, informants and law
enforcement personnel will not be
endangered, the privacy of third parties
will not be violated; and that the
disclosure would not otherwise impede
effective law enforcement. Whenever
possible, information of the above
nature will be deleted from the
requested documents and the balance
made available. The controlling
principle behind this limited access is
to allow disclosures except those
indicated above. The decisions to
release information from these systems
will be made on a case-by-case basis
necessary for effective law enforcement.
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[FR Doc. 05–16775 Filed 8–23–05; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD05–05–101]
RIN 1625–AA00
Safety Zone; Patapsco River,
Northwest and Inner Harbors,
Baltimore, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
SUMMARY: The Coast Guard is
establishing a temporary safety zone in
the Port of Baltimore, Maryland during
the movement of the historic Sloop-ofWar U.S.S. 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
berth, to the Fort McHenry Angle on the
Patapsco River, and return. This action
will restrict vessel traffic in portions of
Baltimore’s Inner Harbor, the Northwest
Harbor, and the Patapsco River.
DATES: This rule is effective from 2 p.m.
to 7 p.m. local time on September 9,
2005.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket CGD05–05–
101 and are available for inspection or
copying at Commander, U.S. Coast
Guard Sector, Waterways Management
Division, 2401 Hawkins Point Road,
Baltimore, Maryland 21226, between 9
a.m. and 3 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr.
Ronald Houck, at Coast Guard Sector
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Federal Register / Vol. 70, No. 163 / Wednesday, August 24, 2005 / Rules and Regulations
Baltimore, Waterways Management
Division, at telephone number (410)
576–2674.
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 the fastapproaching effective date. The historic
Sloop-of-War U.S.S. CONSTELLATION
will be towed ‘‘dead ship,’’ which
means that the vessel will be underway
without the benefit of mechanical or sail
propulsion. Therefore, it is imperative
that there be a clear transit route and a
safe buffer zone around the U.S.S.
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 recreational boating fleet to view
the turn-around of the U.S.S.
CONSTELLATION. To provide
necessary safety measures to protect
mariners against potential hazards
associated with the turn-around, it is in
the public interest to have a safety zone
in place for the event which is
scheduled to occur in less than 30 days.
Background and Purpose
On September 9, 2005, the U.S.S.
CONSTELLATION Museum will
conduct a turn-around of the historic
Sloop-of-War U.S.S. CONSTELLATION
in Baltimore, Maryland. The planned
event includes the ‘‘dead ship’’ tow of
the U.S.S. CONSTELLATION from its
berth in Baltimore’s Inner Harbor to the
Fort McHenry Angle of the Patapsco
River, a tug assisted turn-around of the
vessel, then a ‘‘dead ship’’ tow return to
its berth in Baltimore’s Inner Harbor. In
addition, an onboard salute with navy
pattern cannon while off Fort McHenry
National Monument and Historic Site is
expected.
The Coast Guard anticipates a large
recreational boating fleet during this
event, scheduled on a late Friday
afternoon during 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
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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 U.S.S.
CONSTELLATION is scheduled to
conduct a ‘‘turn-around’’ on September
9, 2005. The U.S.S. CONSTELLATION
is 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 Baltimore’s
Inner Harbor, the Northwest Harbor and
the 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 U.S.S. CONSTELLATION ‘‘turnaround’’ participants on September 9,
2005, to ensure the safety of participants
and spectators immediately prior to,
during, and following the dead ship
tow. The safety zone will extend 200
yards ahead of or 100 yards outboard or
aft of the historic Sloop-of-War U.S.S.
CONSTELLATION.
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, and that
vessels may safely transit a portion of
Baltimore’s Inner Harbor, the Northwest
Harbor, and the Patapsco River, around
the zone. In addition, the zone will be
well publicized to allow mariners to
make alternative plans for transiting the
affected area, and vessels that may need
to enter the zone may request
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permission on a case-by-case basis from
the Captain of the Port (COTP)
Baltimore, Maryland.
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 Baltimore’s 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 may request permission from
the COTP Baltimore on a case-by-case
basis to enter the zone.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 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.
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).
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Federal Register / Vol. 70, No. 163 / Wednesday, August 24, 2005 / Rules and Regulations
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).
responsibilities between the Federal
Government and Indian tribes.
Energy Effects
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
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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,
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. This rule established a
safety zone.
A final ‘‘Environmental Analysis
Check List’’ and a final ‘‘Categorical
Exclusion Determination’’ are available
in the docket where indicated under
ADDRESSES.
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49489
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:
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PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
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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, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T05–101 to read as
follows:
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§ 165.T05–101 Safety Zone; Patapsco
River, Northwest and Inner Harbors,
Baltimore, MD.
(a) Definitions. For the purposes of
this section—
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.
U.S.S. CONSTELLATION ‘‘turnaround’’ participants means the U.S.S.
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 or 100 yards
outboard or aft of the historic Sloop-ofWar U.S.S. CONSTELLATION, while
operating in Baltimore’s Inner Harbor,
the Northwest Harbor and the Patapsco
River, Baltimore, Maryland.
(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 U.S.S.
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 or on Marine Band
Radio VHF Channel 16 (156.8 MHz).
The Coast Guard vessels enforcing this
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Federal Register / Vol. 70, No. 163 / Wednesday, August 24, 2005 / Rules and Regulations
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. to 7 p.m. local
time on September 9, 2005.
Dated: August 11, 2005.
Curtis A. Springer,
Captain, U.S. Coast Guard, Captain of the
Port, Baltimore, Maryland.
[FR Doc. 05–16792 Filed 8–23–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD11–05–006]
RIN 1625–AA11
Regulated Navigation Area; Humboldt
Bay Bar Channel and Humboldt Bay
Entrance Channel, Humboldt Bay, CA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
SUMMARY: The Coast Guard is
establishing the Humboldt Bay Bar
Channel and the Humboldt Bay
Entrance Channel as a Regulated
Navigation Area (RNA) for certain
commercial vessels transporting oil or
hazardous material as cargo. This action
is necessary to reduce significant
hazards to subject vessels, the port and
the public that are present during
periods of poor weather conditions. The
RNA codifies existing Captain of the
Port San Francisco Bay (COTP) policies
for vessels transporting oil or certain
dangerous cargoes in bulk within
Humboldt Bay.
DATES: This rule is effective starting at
12:01 a.m. on September 23, 2005.
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 CGD11–05–006 and are available
for inspection or copying at the
Waterways Branch of the Marine Safety
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Office San Francisco Bay, Coast Guard
Island, Alameda, California 94501,
between 9 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Ian Callander, Waterways
Management Branch, U.S. Coast Guard
Marine Safety Office San Francisco Bay,
and (510) 437–3401.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On May 13, 2005, we published a
Notice of Proposed Rule Making
(NPRM) entitled, Regulated Navigation
Area; Humboldt Bay Bar Channel and
Humboldt Bay Entrance Channel,
Humboldt Bay, CA, in the Federal
Register (70 FR 25511). We received one
comment on the proposed rule. No
public meeting was requested, and none
was held.
Vessels or persons violating this
section are subject to the penalties set
forth in 33 U.S.C. 1232 and 50 U.S.C.
192. Pursuant to 33 U.S.C. 1232, any
violation of the security zone described
herein is punishable by civil penalties
(not to exceed $32,500 per violation,
where each day of a continuing
violation is a separate violation),
criminal penalties (imprisonment up to
6 years and a maximum fine of
$250,000) and in rem liability against
the offending vessel. Any person who
violates this section using a dangerous
weapon, or who engages in conduct that
causes bodily injury or fear of imminent
bodily injury to any officer authorized
to enforce this regulation also faces
imprisonment up to 12 years. Vessels or
persons violating this section are also
subject to the penalties set forth in 50
U.S.C. 192: seizure and forfeiture of the
vessel to the United States, a maximum
criminal fine of $10,000, and
imprisonment up to 10 years.
The Sector Commander will enforce
this regulation and has the authority, as
delegated by the Captain of the Port, San
Francisco Bay, to take steps necessary to
ensure the safe transit of vessels in
Humboldt Bay. The Sector Commander
can enlist the aid and cooperation of
any Federal, State, county, and
municipal agency to assist in the
enforcement of the regulation.
Background and Purpose
Because Humboldt Bay has a breaking
bar, a narrow entrance channel, and no
general anchorages within the bay,
transits of this area present significant
hazards to vessels carrying oil or
hazardous material as cargo. The
potential hazards to the subject vessels
and the consequences of casualties
involving commercial vessels carrying
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oil or hazardous material as cargo
warrant special procedures to reduce
the potential for a collision or grounding
and any subsequent release of a cargo
covered by this regulation.
In this particular rulemaking, the
Coast Guard designates an area around
the Humboldt Bay Bar as an RNA for the
following purposes: (1) To establish the
Coast Guard’s authority to prohibit
vessels carrying oil or hazardous
material as cargo from crossing the bar
during unsafe conditions, (2) to
establish waiver, notice, and vessel
escort policies, and (3) to delegate the
authority for enforcing these regulations
to the Sector/Air Station Humboldt Bay
Commander.
Discussion of Comments and Changes
We received one comment on the
proposed rule. No public hearing was
requested, and none was held. The
comment we received noted that Group
Humboldt Bay would be stood-down
and incorporated into Sector/Air Station
Humboldt Bay prior to the publishing of
this final rule. ‘Group Humboldt Bay’
and ‘Group Commander’ have been
replaced with ‘Sector/Air Station
Humboldt Bay’ and ‘Sector Commander’
respectively in this final rule. Because
this change does not have a substantive
impact on the regulation, we feel that
making this change does not warrant an
extension to the public comment period
provided by the NPRM.
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 rule to be so minimal that a full
Regulatory Evaluation under the
regulatory policies and procedures of
DHS is unnecessary. The effect of this
regulation would not be significant for
the following reasons: (1) Very few
vessels carrying oil or certain dangerous
cargoes transit the Humboldt Bay area,
and (2) those vessels carrying oil or
hazardous material as cargo have been
complying with the COTP advisories
that established the same procedures
that are established in this regulation.
Therefore, this rule would be a
continuation of the already established
policy of monitoring the entrance and
departure of the above-mentioned
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]]>Agencies
[Federal Register Volume 70, Number 163 (Wednesday, August 24, 2005)]
[Rules and Regulations]
[Pages 49487-49490]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-16792]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-05-101]
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 during the movement of the historic Sloop-
of-War U.S.S. 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 berth, to the Fort McHenry Angle on the Patapsco River,
and return. This action will restrict vessel traffic in portions of
Baltimore's Inner Harbor, the Northwest Harbor, and the Patapsco River.
DATES: This rule is effective from 2 p.m. to 7 p.m. local time on
September 9, 2005.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD05-05-101 and are available for
inspection or copying at Commander, U.S. Coast Guard Sector, Waterways
Management Division, 2401 Hawkins Point Road, Baltimore, Maryland
21226, between 9 a.m. and 3 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Ronald Houck, at Coast Guard
Sector
[[Page 49488]]
Baltimore, Waterways Management Division, at telephone number (410)
576-2674.
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 the fast-
approaching effective date. The historic Sloop-of-War U.S.S.
CONSTELLATION will be towed ``dead ship,'' which means that the vessel
will be underway without the benefit of mechanical or sail propulsion.
Therefore, it is imperative that there be a clear transit route and a
safe buffer zone around the U.S.S. 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
recreational boating fleet to view the turn-around of the U.S.S.
CONSTELLATION. To provide necessary safety measures to protect mariners
against potential hazards associated with the turn-around, it is in the
public interest to have a safety zone in place for the event which is
scheduled to occur in less than 30 days.
Background and Purpose
On September 9, 2005, the U.S.S. CONSTELLATION Museum will conduct
a turn-around of the historic Sloop-of-War U.S.S. CONSTELLATION in
Baltimore, Maryland. The planned event includes the ``dead ship'' tow
of the U.S.S. CONSTELLATION from its berth in Baltimore's Inner Harbor
to the Fort McHenry Angle of the Patapsco River, a tug assisted turn-
around of the vessel, then a ``dead ship'' tow return to its berth in
Baltimore's Inner Harbor. In addition, an onboard salute with navy
pattern cannon while off Fort McHenry National Monument and Historic
Site is expected.
The Coast Guard anticipates a large recreational boating fleet
during this event, scheduled on a late Friday afternoon during 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 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 U.S.S. CONSTELLATION is scheduled to
conduct a ``turn-around'' on September 9, 2005. The U.S.S.
CONSTELLATION is 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 Baltimore's
Inner Harbor, the Northwest Harbor and the 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 U.S.S. CONSTELLATION ``turn-around'' participants on
September 9, 2005, to ensure the safety of participants and spectators
immediately prior to, during, and following the dead ship tow. The
safety zone will extend 200 yards ahead of or 100 yards outboard or aft
of the historic Sloop-of-War U.S.S. CONSTELLATION.
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, and that vessels may safely transit a portion
of Baltimore's Inner Harbor, the Northwest Harbor, and the Patapsco
River, around the zone. In addition, the zone will be well publicized
to allow mariners to make alternative plans for transiting the affected
area, and vessels that may need to enter the zone may request
permission on a case-by-case basis from the Captain of the Port (COTP)
Baltimore, Maryland.
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 Baltimore's 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 may request permission from
the COTP Baltimore on a case-by-case basis to enter the zone.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 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.
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).
[[Page 49489]]
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,
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. This rule established a safety zone.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' are 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, 6.04-1, 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.T05-101 to read as follows:
Sec. 165.T05-101 Safety Zone; Patapsco River, Northwest and Inner
Harbors, Baltimore, MD.
(a) Definitions. For the purposes of this section--
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.
U.S.S. CONSTELLATION ``turn-around'' participants means the U.S.S.
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 or 100 yards outboard or aft of the
historic Sloop-of-War U.S.S. CONSTELLATION, while operating in
Baltimore's Inner Harbor, the Northwest Harbor and the Patapsco River,
Baltimore, Maryland.
(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 U.S.S. 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 or on Marine Band Radio VHF Channel 16
(156.8 MHz). The Coast Guard vessels enforcing this
[[Page 49490]]
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. to
7 p.m. local time on September 9, 2005.
Dated: August 11, 2005.
Curtis A. Springer,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. 05-16792 Filed 8-23-05; 8:45 am]
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