Safety Zone; Patapsco River, Northwest and Inner Harbors, Baltimore, MD, 49487-49490 [05-16792]

Download as PDF 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. * * * * * (e) Exempt Army records. * * * * * * * * (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. VerDate jul<14>2003 12:42 Aug 23, 2005 Jkt 205001 (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 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 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. * * * * * [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 E:\FR\FM\24AUR1.SGM 24AUR1 49488 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 VerDate jul<14>2003 12:42 Aug 23, 2005 Jkt 205001 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 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 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). E:\FR\FM\24AUR1.SGM 24AUR1 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 VerDate jul<14>2003 12:42 Aug 23, 2005 Jkt 205001 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. PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 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: n PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: n 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: n § 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 E:\FR\FM\24AUR1.SGM 24AUR1 49490 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 VerDate jul<14>2003 12:42 Aug 23, 2005 Jkt 205001 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 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 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 E:\FR\FM\24AUR1.SGM 24AUR1

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]
BILLING CODE 4910-15-P