Safety Zone; Patapsco River, Northwest and Inner Harbors, Baltimore, MD, 36426-36429 [E8-14601]
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Federal Register / Vol. 73, No. 125 / Friday, June 27, 2008 / Rules and Regulations
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.
jlentini on PROD1PC65 with RULES
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.lD
and Department of Homeland Security
Management Directive 5100.1, which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321–
4370f), and have concluded, under the
Instruction, 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
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rule is categorically excluded, under
figure 2–1, paragraph (34)(g), of the
Instruction, from further environmental
documentation.
A final environmental analysis
checklist 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, and Waterways.
Words of Issuance and Proposed
Regulatory Text
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
I
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
I 2. A new temporary § 165.T11–014 to
read as follows:
and local, state, and federal law
enforcement vessels who have been
authorized to act on the behalf of the
Captain of the Port.
(d) Regulations. (1) In accordance
with the general regulations in § 165.23
of this part, entry into, transit through,
or anchoring within this zone by all
vessels is prohibited, unless authorized
by the Captain of the Port, or his
designated representative.
(2) Mariners requesting permission to
transit through the safety zone may
request authorization to do so from the
Patrol Commander. The Patrol
Commander may be contacted via VHF–
FM channel 16.
(3) All persons and vessels shall
comply with the instructions of the
Coast Guard Captain of the Port or the
designated representative.
(4) Upon being hailed by U.S. Coast
Guard patrol personnel by siren, radio,
flashing light, or other means, the
operator of a vessel shall proceed as
directed.
(5) The Coast Guard may be assisted
by other federal, state, or local agencies.
Dated: June 10, 2008.
C. V. Strangfeld,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. E8–14512 Filed 6–26–08; 8:45 am]
§ 165.T11–014 Safety Zone; Festival of Sail
2008 Ship’s Parade; San Diego Harbor, San
Diego, CA.
BILLING CODE 4910–15–P
(a) Location. The limits of the moving
safety zone are as follows: The route
would start at 32°37.15′ N, 117°14.07′ W
and would proceed northeast between
green Buoy #3 and red Buoy #4 at
32°38.12′ N, 117°13.74′ W, then north
between green Buoy #5 and red Buoy #6
at 32°39.14′ N, 117°13.51′ W, then north
through the harbor channel to 32°42.07′
N, 117°13.90′ W, and then northeast to
32°43.11′ N, 117°12.71′ W, and then east
to 32°43.13′ N, 117°11.12′ W, and finally
southeast to the Coronado Bridge at
32°41.45′ N, 117°09.18′ W. The safety
zone will encompass 1000 yards
forward, 200 yards each side, and 500
yard aft of each vessel participating in
the parade.
(b) Enforcement Period. This section
will be enforced from 10 a.m. to 1 p.m.
on August 20, 2008. If the event
concludes prior to the scheduled
termination time, the Captain of the Port
will cease enforcement of this safety
zone and will announce that fact via
Broadcast Notice to Mariners.
(c) Definitions. The following
definition applies to this section:
designated representative, means any
commissioned, warrant, and petty
officers of the Coast Guard on board
Coast Guard, Coast Guard Auxiliary,
DEPARTMENT OF HOMELAND
SECURITY
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Coast Guard
33 CFR Part 165
[Docket No. USCG–2008–0180]
RIN 1625–AA00
Safety Zone; Patapsco River,
Northwest and Inner Harbors,
Baltimore, MD
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing 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
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Federal Register / Vol. 73, No. 125 / Friday, June 27, 2008 / Rules and Regulations
vessel traffic in portions of the Patapsco
River, Northwest Harbor, and Inner
Harbor during these events.
DATES: This rule is effective from 5 p.m.
on August 8, 2008 through 11 a.m. on
August 10, 2008.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2008–0180 and are
available online at https://
www.regulations.gov. This material is
also available for inspection or copying
at two locations: The 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, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays and 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
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
the docket, call Renee V. Wright,
Program Manager, Docket Operations,
telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
jlentini on PROD1PC65 with RULES
Regulatory Information
On April 15, 2008, we published a
notice of proposed rulemaking (NPRM)
entitled ‘‘Safety Zone; Patapsco River,
Northwest and Inner Harbors,
Baltimore, MD’’ in the Federal Register
(73 FR 20220). We received no letters
commenting on the proposed rule. No
public meeting was requested, and none
was held.
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 fourhour 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-
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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 rule is to promote
maritime safety and protect participants
and the boating public in the Port of
Baltimore immediately prior to, during,
and after the scheduled event. The rule
will provide for a clear transit route for
the participating vessels, and provide a
safety buffer around the participating
vessels while they are in transit. The
rule will impact the movement of all
vessels operating upon certain waters of
the Patapsco River, Northwest Harbor
and Inner Harbor.
Discussion of Comments and Changes
The Coast Guard received no
comments in response to the NPRM. No
public meeting was requested and none
was held. A problem with the number
of the rule (.08 versus .05) was
discovered and corrected.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
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. There is little vessel traffic
associated with recreational boating and
commercial fishing in the area during
the effective period.
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Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule would affect the following
entities, some of which might be small
entities: The owners or operators of
vessels intending to operate, remain or
anchor within certain waters of the
Patapsco River, Northwest Harbor and
Inner Harbor, in Baltimore, Maryland,
from 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.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
in the NPRM 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). 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.
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Federal Register / Vol. 73, No. 125 / Friday, June 27, 2008 / 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).
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.
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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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18:06 Jun 26, 2008
Jkt 214001
responsibilities between the Federal
Government and Indian tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.lD
and Department of Homeland Security
Management Directive 5100.1, which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA)(42 U.S.C. 4321–
4370f), and have concluded, under the
Instruction, 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 establishes a
safety zone.
A final environmental analysis
checklist and a final categorical
exclusion determination will be
available in the docket where indicated
under ADDRESSES.
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List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures, and
Waterways.
I For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
I 2. Add § 165.T05–019 to read as
follows:
§ 165.T05–019 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 ‘‘turnaround’’ 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 Sloopof-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
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Federal Register / Vol. 73, No. 125 / Friday, June 27, 2008 / Rules and Regulations
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 periods. This section will
be effective from 5 p.m. on August 8,
2008 and through 11 a.m. on August 10,
2008.
Boulevard, Buffalo, NY 14203 between
9:30 a.m. and 2 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call Commander Joseph Boudrow,
Prevention Division, U.S. Coast Guard
Sector Buffalo, at 716–843–9572. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
33 CFR Part 165
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. The permit
application was not received in time to
publish an NPRM followed by a final
rule before the effective date. Under 5
U.S.C. 553(d)(3), good cause exists for
making this rule effective fewer than 30
days after publication in the Federal
Register. Delaying this rule would be
contrary to the public interest of
ensuring the safety of spectators and
vessels during this event and immediate
action is necessary to prevent possible
loss of life or property.
[Docket No. USCG–2008–0490]
Background and Purpose
RIN 1625–AA00
This temporary safety zone is
necessary to ensure the safety of vessels
and spectators from hazards associated
with a fireworks display. Based on
accidents that have occurred in other
Captain of the Port zones, and the
explosive hazards of fireworks, the
Captain of the Port Buffalo has
determined that fireworks launches
proximate to watercraft pose a
significant risk to public safety and
property. The likely combination of
large numbers of recreation vessels,
congested waterways, darkness
punctuated by bright flashes of light,
alcohol use, and debris falling into the
water could easily result in serious
injuries or fatalities. Establishing a
safety zone to control vessel movement
around the location of the launch
platform will help ensure the safety of
persons and property at these events
and help minimize the associated risks.
Dated: June 12, 2008.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the
Port, Baltimore, Maryland.
[FR Doc. E8–14601 Filed 6–26–08; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Safety Zone; Erie Summer Festival of
the Arts, Presque Isle Bay, Erie, PA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone on
Lake Erie, Presque Isle Bay, Erie, PA.
This zone is intended to restrict vessels
from a portion of Presque Isle Bay
during the June 28, 2008, Erie Summer
Festival of the Arts fireworks event.
This temporary safety zone is necessary
to protect spectators and vessels from
the hazards associated with fireworks
displays.
This rule is effective from 10
p.m. to 11 p.m. on June 28, 2008.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2008–
0490 and are available for inspection or
copying at two locations: the 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, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays, and the U.S.
Coast Guard Sector Buffalo, 1 Fuhrmann
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DATES:
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Discussion of Rule
A temporary safety zone is necessary
to ensure the safety of spectators and
vessels during the setup, loading and
launching of a fireworks display in
conjunction with the Erie Summer
festival of the Arts fireworks display.
The fireworks display will occur
between 10 p.m. and 11 p.m. on June
28, 2008.
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The safety zone for the fireworks will
encompass all waters of Lake Erie,
Presque Isle Bay, Erie, PA, within a 420
ft radius of position 42°07′45″ N,
080°06′20″ W.
All persons and vessels shall comply
with the instructions of the Coast Guard
Captain of the Port or the on-scene
representative. Entry into, transiting, or
anchoring within the safety zone is
prohibited unless authorized by the
Captain of the Port Buffalo or his onscene representative. The Captain of the
Port or his on-scene representative may
be contacted via VHF Channel 16.
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.
This determination is based on the
minimal time that vessels will be
restricted from the zone and the zone is
an area where the Coast Guard expects
insignificant adverse impact to mariners
from the zones’ activation.
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 will affect the following
entities, some of which may be small
entities: The owners and operators of
vessels intending to transit or anchor in
a portion of Lake Erie, Presque Isle Bay,
Erie, PA, between 10 p.m. and 11 p.m.
on June 28, 2008.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: This rule will be
in effect for only one hour for one event.
Vessel traffic can safely pass outside the
safety zone during the event. In the
event that this temporary safety zone
affects shipping, commercial vessels
may request permission from the
Captain of the Port Buffalo to transit
through the safety zone. The Coast
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]]>Agencies
[Federal Register Volume 73, Number 125 (Friday, June 27, 2008)]
[Rules and Regulations]
[Pages 36426-36429]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-14601]
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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: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone upon
certain waters of the Patapsco River, Northwest Harbor and Inner Harbor
during the 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
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vessel traffic in portions of the Patapsco River, Northwest Harbor, and
Inner Harbor during these events.
DATES: This rule is effective from 5 p.m. on August 8, 2008 through 11
a.m. on August 10, 2008.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2008-0180 and are available online at https://
www.regulations.gov. This material is also available for inspection or
copying at two locations: The 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, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays and 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary 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 the docket, call Renee
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On April 15, 2008, we published a notice of proposed rulemaking
(NPRM) entitled ``Safety Zone; Patapsco River, Northwest and Inner
Harbors, Baltimore, MD'' in the Federal Register (73 FR 20220). We
received no letters commenting on the proposed rule. No public meeting
was requested, and none was held.
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 rule is to promote maritime safety and protect
participants and the boating public in the Port of Baltimore
immediately prior to, during, and after the scheduled event. The rule
will provide for a clear transit route for the participating vessels,
and provide a safety buffer around the participating vessels while they
are in transit. The rule will impact the movement of all vessels
operating upon certain waters of the Patapsco River, Northwest Harbor
and Inner Harbor.
Discussion of Comments and Changes
The Coast Guard received no comments in response to the NPRM. No
public meeting was requested and none was held. A problem with the
number of the rule (.08 versus .05) was discovered and corrected.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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. There is little vessel traffic associated
with recreational boating and commercial fishing in the area during the
effective period.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule would affect the following entities, some of which
might be small entities: The owners or operators of vessels intending
to operate, remain or anchor within certain waters of the Patapsco
River, Northwest Harbor and Inner Harbor, in Baltimore, Maryland, from
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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM 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). 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.
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Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have concluded,
under the Instruction, 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 establishes a safety zone.
A final environmental analysis checklist and a final categorical
exclusion determination will be available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, and 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, 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.T05-019 to read as follows:
Sec. 165.T05-019 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
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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 periods. This section will be effective from 5 p.m.
on August 8, 2008 and through 11 a.m. on August 10, 2008.
Dated: June 12, 2008.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. E8-14601 Filed 6-26-08; 8:45 am]
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