Safety Zone; Patapsco River, Northwest and Inner Harbors, Baltimore, MD, 11434-11437 [2012-4397]
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Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Proposed Rules
such that application of this section is
unnecessary or impractical for the
purposes of safety or environmental
safety.
Dated: February 2, 2012.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the
Port Lake Michigan.
If
you have questions on this proposed
rule, call or email Mr. Ronald Houck,
Sector Baltimore Waterways
Management Division, Coast Guard;
telephone 410–576–2674, email
Ronald.L.Houck@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2012–4390 Filed 2–24–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2012–0101]
Public Participation and Request for
Comments
RIN 1625–AA00
Safety Zone; Patapsco River,
Northwest and Inner Harbors,
Baltimore, MD
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary safety zone upon
certain waters of the Patapsco River,
Northwest Harbor and Inner Harbor
during the movement of the historic
sloop-of-war USS CONSTELLATION on
May 25, 2012. This action is necessary
to provide for the safety of life on
navigable waters during the tow of the
vessel from its berth at the Inner Harbor
in Baltimore, Maryland, to a point on
the Patapsco River near the Fort
McHenry National Monument and
Historic Shrine in Baltimore, Maryland,
and its return. This action will restrict
vessel traffic in portions of the Patapsco
River, Northwest Harbor, and Inner
Harbor during the event.
DATES: Comments and related material
must be received by the Coast Guard on
or before March 28, 2012.
ADDRESSES: You may submit comments
identified by docket number USCG–
2012–0101 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
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SUMMARY:
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To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
Jkt 226001
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2012–0101),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (via https://
www.regulations.gov) or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online via
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand deliver, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an email address,
or a telephone number in the body of
your document so that we can contact
you if we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rule’’ and insert
‘‘USCG–2012–0101’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
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If you submit your comments by mail or
hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2012–
0101’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. You may also visit the Docket
Management Facility in Room W12–140
on the ground floor of the Department
of Transportation West Building, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one using one of the four methods
specified under ADDRESSES. Please
explain why you believe a public
meeting would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
Basis and Purpose
Historic Ships in Baltimore is
planning to conduct a ‘‘turn-around’’
ceremony involving the sloop-of-war
USS CONSTELLATION in Baltimore,
Maryland on May 25, 2012. Planned
events include a three-hour, round-trip
tow of the USS CONSTELLATION in
the Port of Baltimore, consisting of an
onboard salute with navy pattern
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cannon while the historic vessel is
positioned off the Fort McHenry
National Monument and Historic Site.
Beginning at 3 p.m., the historic Sloopof-War USS CONSTELLATION will be
towed ‘‘dead ship,’’ which means that
the vessel will be underway without the
benefit of mechanical or sail propulsion.
The return dead ship tow of the USS
CONSTELLATION to its berth in the
Inner Harbor is expected to occur
immediately upon execution of a tugassisted turn-around of the USS
CONSTELLATION on the Patapsco
River near Fort McHenry. The Coast
Guard anticipates a large recreational
boating fleet during this event,
scheduled on a late Friday afternoon
during the Memorial Day Holiday
weekend in Baltimore, Maryland.
Operators should expect significant
vessel congestion along the planned
route. In the event of inclement weather,
the ‘‘turn-around’’ will be rescheduled
for May 31, 2012.
To address safety concerns during the
event, the Captain of the Port Baltimore
proposes to establish a safety zone upon
certain waters of the Patapsco River,
Northwest Harbor and Inner Harbor.
The proposed safety zone will help the
Coast Guard provide a clear transit route
for the participating vessels, and
provide a safety buffer around the
participating vessels while they are in
transit. Due to the need 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, a safety
zone is prudent.
Discussion of Proposed Rule
A permanent safety zone for this
proposed rule, with an enforcement
period from 2 p.m. through 7 p.m. local
time annually on the Friday following
Labor Day, has already been published
and is detailed at Title 33 Code of
Federal Regulations, Section 165.512.
Due however to a change in scheduling
for this calendar year, this event is
planned for Friday, May 25, 2012. The
historic sloop-of-war USS
CONSTELLATION is scheduled to be
towed ‘‘dead ship’’ from its berth at Pier
1 in Baltimore’s Inner Harbor along a
one-way, planned route of
approximately four nautical miles, that
includes specified waters of the
Patapsco River, Northwest Harbor and
Inner Harbor to a point on the Patapsco
River near Fort McHenry National
Monument and Historic Shrine,
Baltimore, Maryland. After being
turned-around, the USS
CONSTELLATION will be returned to
its original berth at Pier 1, Inner Harbor,
Baltimore, Maryland. Due to the need to
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safeguard dead ship tow participants
and prevent vessels or persons from
approaching the USS CONSTELLATION
along the intended route immediately
prior to, during, and following the
scheduled towing evolution, vessel
traffic will be restricted on certain
waters of the Patapsco River, Northwest
Harbor and Inner Harbor.
The Captain of the Port Baltimore is
proposing to establish a temporary
moving safety zone around the USS
CONSTELLATION dead ship tow
participants from 2 p.m. through 7 p.m.
on May 25, 2012, and, if necessary due
to inclement weather, from 2 p.m.
through 7 p.m. on May 31, 2012. The
proposed regulated area includes all
waters within 200 yards ahead of and
100 yards outboard or aft of the historic
Sloop-of-War USS CONSTELLATION
while operating in the Inner Harbor, the
Northwest Harbor and the Patapsco
River. Vessels underway at the time this
safety zone is implemented will
immediately proceed out of the zone.
With the exception of USS
CONSTELLATION ‘‘turn-around’’
participants, entry into this zone is
prohibited unless authorized by the
Captain of the Port or his designated
representative. U.S. Coast Guard patrol
vessels will be provided to prevent the
movement of persons and vessels in the
regulated area. The Captain of the Port
Baltimore will issue Broadcast Notices
to Mariners to publicize the safety zone
and notify the public of changes in the
status of the zone. Such notices will
continue until the event is complete.
Regulatory Analyses
We developed this proposed 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, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Executive Order
12866 or under section 1 of Executive
Order 13563. The Office of Management
and Budget has not reviewed it under
those Orders.
Although this safety zone restricts
vessel traffic through the affected area,
the effect of this regulation will not be
significant due to the limited size and
duration that the regulated area will be
in effect. In addition, notifications will
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be made to the maritime community via
marine information broadcasts so
mariners may adjust their plans
accordingly.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed rule would have
a significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this proposed rule
would not have a significant economic
impact on a substantial number of small
entities. This proposed rule may affect
the following entities, some of which
might be small entities: the owners or
operators of vessels intending to operate
or transit through or within the safety
zone during the enforcement period.
The safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons. The safety zone is
of limited size and duration. Smaller
vessels not constrained by their draft,
which are more likely to be small
entities, may transit around the safety
zone. Maritime advisories will be
widely available to the maritime
community before the effective period.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact Mr. Ronald
L. Houck, Coast Guard Sector Baltimore,
Waterways Management Division, at
telephone number 410–576–2674 or
email Ronald.L.Houck@uscg.mil. The
Coast Guard will not retaliate against
small entities that question or complain
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about this proposed rule or any policy
or action of the Coast Guard.
Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this proposed rule under that Order and
have determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not cause a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
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Protection of Children
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
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Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. A preliminary
environmental analysis checklist
supporting this determination is
available in the docket where indicated
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under ADDRESSES. This proposed rule
involves establishing a temporary safety
zone. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amends 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 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.
2. Add § 165.T05–0101 to read as
follows:
§ 165.T05–0101 Safety Zone; Patapsco
River, Northwest and Inner Harbors,
Baltimore, MD.
(a) Regulated area. The following
location is a safety zone: (1) all waters
within 200 yards ahead of and 100 yards
outboard or aft of the historic Sloop-ofWar USS CONSTELLATION while
operating in the Inner Harbor, the
Northwest Harbor and the Patapsco
River.
(b) Definitions. As used in this
section: (1) ‘‘Captain of the Port
Baltimore’’ means the Commander, U.S.
Coast Guard Sector Baltimore,
Maryland.
(2) ‘‘Designated representative’’ means
any Coast Guard commissioned,
warrant, or petty officer who has been
authorized by the Captain of the Port
Baltimore to assist in enforcing the
safety zone described in paragraph (a) of
this section.
(3) ‘‘USS CONSTELLATION ‘‘turnaround’’ participants’’ means the USS
CONSTELLATION, its support craft and
the accompanying towing vessels.
(c) Regulations. The general safety
zone regulations found in 33 CFR
165.23 apply to the safety zone created
by this temporary section,
§ 165.T05.0101. (1) All persons are
required to comply with the general
regulations governing safety zones
found in 33 CFR 165.23.
(2) With the exception of USS
CONSTELLATION ‘‘turn-around’’
participants, entry into or remaining in
this zone is prohibited unless
authorized by the Coast Guard Captain
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of the Port Baltimore. Vessels already at
berth, mooring, or anchor at the time the
safety zone is implemented do not have
to depart the safety zone. All vessels
underway within this safety zone at the
time it is implemented are to depart the
zone.
(3) Persons desiring to transit the area
of the safety zone must first request
authorization from the Captain of the
Port Baltimore or his designated
representative. To seek permission to
transit the area, the Captain of the Port
Baltimore and his designated
representatives can be contacted at
telephone number 410–576–2693 or on
Marine Band Radio, VHF–FM channel
16 (156.8 MHz). The Coast Guard
vessels enforcing this section can be
contacted on Marine Band Radio, VHF–
FM channel 16 (156.8 MHz). Upon
being hailed by a U.S. Coast Guard
vessel, or other Federal, State, or local
agency vessel, by siren, radio, flashing
lights, or other means, the operator of a
vessel shall proceed as directed. If
permission is granted, all persons and
vessels must comply with the
instructions of the Captain of the Port
Baltimore or his designated
representative and proceed at the
minimum speed necessary to maintain a
safe course while within the zone.
(4) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the zone by Federal,
State, and local agencies.
(d) Enforcement period. This section
will be enforced from 2 p.m. through
7 p.m. on May 25, 2012, and, if
necessary due to inclement weather,
from 2 p.m. through 7 p.m. on May 31,
2012.
Dated: February 10, 2012.
Mark P. O’Malley,
Captain, U.S. Coast Guard, Captain of the
Port Baltimore.
[FR Doc. 2012–4397 Filed 2–24–12; 8:45 am]
BILLING CODE 9110–04–P
POSTAL SERVICE
39 CFR Part 233
Inspection Service Authority; Seizure
and Forfeiture
Postal ServiceTM.
ACTION: Proposed rule.
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AGENCY:
The Postal Service proposes
to revise its regulations with regard to
forfeiture authority and proceedings.
These new provisions would implement
specific requirements in compliance
with the Civil Asset Forfeiture Reform
Act (CAFRA) of 2000.
SUMMARY:
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Submit comments on or before
March 28, 2012.
ADDRESSES: Mail or deliver written
comments to the Postal Inspection
Service, Room 3128, 475 L’Enfant Plaza
SW., Washington, DC 20260–2100.
Written comments may be inspected
and photocopied (by appointment only)
at the USPS Headquarters Library, 475
L’Enfant Plaza SW., 11th Floor North,
Washington, DC, between 9 a.m. and
4 p.m., Monday through Friday. Please
call 202–268–2906 to make an
appointment. Email comments,
containing the name and address of the
commenter, may be sent to:
REMattes@uspis.gov with a subject line
of ‘‘CAFRA comments.’’ Faxed
comments are not accepted.
FOR FURTHER INFORMATION CONTACT:
R. Emmett Mattes III, Chief Counsel,
U.S. Postal Inspection Service, 202–
268–7732.
SUPPLEMENTARY INFORMATION:
DATES:
I. Overview
First, this rulemaking consolidates the
Postal Service’s rules and regulations
regarding the seizure and forfeiture of
property into three sections, 39 CFR
233.7, 233.8, and 233.9 from the
previous four sections, 39 CFR 233.7,
233.8, 233.9, and 233.10. The proposed
revision consolidates sections 233.8 and
233.9, and treats seizures involving
personal use quantities of controlled
substances and the expedited release of
conveyances being forfeited for a drugrelated offense in the same manner. It
also incorporates prior section 233.10,
Special Notice Provisions, into new
paragraph 233.8(f). The new rules also
create a new section 233.9 that
addresses regulations governing
remission or mitigation of
administrative, civil, and criminal
forfeitures, and incorporates the rules
and regulations previously contained in
paragraph 233.7(j).
Second, this rulemaking identifies the
scope of authority available to the Postal
Service to seize property for forfeiture,
updates definitions, and provides
procedures governing practical issues
regarding the seizure, custody,
inventory, appraisal, settlement, and
release of property subject to forfeiture.
See proposed paragraphs 233.7(a)–(g).
Third, the rule proposes conforming
the seizure and forfeiture regulations of
the Postal Service to address procedural
changes necessitated by CAFRA. The
rule also incorporates CAFRA’s
innocent owner defense into the
remission regulations. Where CAFRA is
silent or ambiguous on a subject relating
to administrative forfeiture procedure,
the proposed rule interprets CAFRA
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11437
based on case law and agency expertise
and experience.
Fourth, the rule proposes updating
the regulations to conform with other
authorities and current forfeiture
practice. Thus, proposed paragraph
233.7(n) adds a provision to the
regulations allowing for the preforfeiture disposition of seized property
when the property is liable to perish or
to waste or to be greatly reduced in
value while being held for forfeiture; or
when the expense of holding the
property is or will be disproportionate
to its value. Paragraph 233.7(l) clarifies
that administrative and criminal judicial
forfeiture proceedings are not mutually
exclusive, and paragraph 233.7(r)
affirms that the Postal Service is not
liable for attorney fees in any
administrative forfeiture proceeding.
Paragraph 233.7(j)(1)(i)(B) updates the
forfeiture regulations by adding the
option of publishing notice for
administrative forfeitures on an official
Government Internet site instead of in a
newspaper.
Fifth, the proposed rule amends the
designated official provision at
paragraph 233.9(a)(2)(A) governing
petitions for remission or mitigation of
forfeiture, clarifies the existing
regulations pertaining to victims, and
makes remission available to third
parties who reimburse victims under an
indemnification agreement.
II. Discussion
A. Consolidation of the Regulations
Governing the Seizure and Forfeiture of
Property
The proposed rule supersedes prior
sections 233.7, 233.8, 233.9, and 233.10
and replaces them with new sections
233.7, 233.8, and 233.9. Section 233.7
contains generally applicable provisions
for seizures and forfeitures by the Postal
Service. Section 233.8 contains
expedited procedures for property
seized by the Postal Service for
violations involving personal use
quantities of a controlled substance,
including conveyances. Section 233.9
replaces the prior paragraph 233.7(j),
and more clearly defines the rules
relevant to remission and mitigation of
forfeitures.
B. CAFRA Procedural Changes
Incorporated in the Proposed Rule
Section 2 of CAFRA enacted 18 U.S.C.
983, which includes the general rules
for civil forfeiture proceedings. This
rule proposes to implement certain
procedural changes in the conduct of
administrative forfeitures as required by
18 U.S.C. 983. These changes address
procedures relating to notice of seizure,
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]]>Agencies
[Federal Register Volume 77, Number 38 (Monday, February 27, 2012)]
[Proposed Rules]
[Pages 11434-11437]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4397]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0101]
RIN 1625-AA00
Safety Zone; Patapsco River, Northwest and Inner Harbors,
Baltimore, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
upon certain waters of the Patapsco River, Northwest Harbor and Inner
Harbor during the movement of the historic sloop-of-war USS
CONSTELLATION on May 25, 2012. This action is necessary to provide for
the safety of life on navigable waters during the tow of the vessel
from its berth at the Inner Harbor in Baltimore, Maryland, to a point
on the Patapsco River near the Fort McHenry National Monument and
Historic Shrine in Baltimore, Maryland, and its return. This action
will restrict vessel traffic in portions of the Patapsco River,
Northwest Harbor, and Inner Harbor during the event.
DATES: Comments and related material must be received by the Coast
Guard on or before March 28, 2012.
ADDRESSES: You may submit comments identified by docket number USCG-
2012-0101 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mr. Ronald Houck, Sector Baltimore Waterways
Management Division, Coast Guard; telephone 410-576-2674, email
Ronald.L.Houck@uscg.mil. If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2012-0101), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via https://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via www.regulations.gov, it will be considered received
by the Coast Guard when you successfully transmit the comment. If you
fax, hand deliver, or mail your comment, it will be considered as
having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an email address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2012-0101'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2012-0101'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
Basis and Purpose
Historic Ships in Baltimore is planning to conduct a ``turn-
around'' ceremony involving the sloop-of-war USS CONSTELLATION in
Baltimore, Maryland on May 25, 2012. Planned events include a three-
hour, round-trip tow of the USS CONSTELLATION in the Port of Baltimore,
consisting of an onboard salute with navy pattern
[[Page 11435]]
cannon while the historic vessel is positioned off the Fort McHenry
National Monument and Historic Site. Beginning at 3 p.m., the historic
Sloop-of-War USS CONSTELLATION will be towed ``dead ship,'' which means
that the vessel will be underway without the benefit of mechanical or
sail propulsion. The return dead ship tow of the USS CONSTELLATION to
its berth in the Inner Harbor is expected to occur immediately upon
execution of a tug-assisted turn-around of the USS CONSTELLATION on the
Patapsco River near Fort McHenry. The Coast Guard anticipates a large
recreational boating fleet during this event, scheduled on a late
Friday afternoon during the Memorial Day Holiday weekend in Baltimore,
Maryland. Operators should expect significant vessel congestion along
the planned route. In the event of inclement weather, the ``turn-
around'' will be rescheduled for May 31, 2012.
To address safety concerns during the event, the Captain of the
Port Baltimore proposes to establish a safety zone upon certain waters
of the Patapsco River, Northwest Harbor and Inner Harbor. The proposed
safety zone will help the Coast Guard provide a clear transit route for
the participating vessels, and provide a safety buffer around the
participating vessels while they are in transit. Due to the need 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, a safety zone is prudent.
Discussion of Proposed Rule
A permanent safety zone for this proposed rule, with an enforcement
period from 2 p.m. through 7 p.m. local time annually on the Friday
following Labor Day, has already been published and is detailed at
Title 33 Code of Federal Regulations, Section 165.512. Due however to a
change in scheduling for this calendar year, this event is planned for
Friday, May 25, 2012. The historic sloop-of-war USS CONSTELLATION is
scheduled to be towed ``dead ship'' from its berth at Pier 1 in
Baltimore's Inner Harbor along a one-way, planned route of
approximately four nautical miles, that includes specified waters of
the Patapsco River, Northwest Harbor and Inner Harbor to a point on the
Patapsco River near Fort McHenry National Monument and Historic Shrine,
Baltimore, Maryland. After being turned-around, the USS CONSTELLATION
will be returned to its original berth at Pier 1, Inner Harbor,
Baltimore, Maryland. Due to the need to safeguard dead ship tow
participants and prevent vessels or persons from approaching the USS
CONSTELLATION along the intended route immediately prior to, during,
and following the scheduled towing evolution, vessel traffic will be
restricted on certain waters of the Patapsco River, Northwest Harbor
and Inner Harbor.
The Captain of the Port Baltimore is proposing to establish a
temporary moving safety zone around the USS CONSTELLATION dead ship tow
participants from 2 p.m. through 7 p.m. on May 25, 2012, and, if
necessary due to inclement weather, from 2 p.m. through 7 p.m. on May
31, 2012. The proposed regulated area includes all waters within 200
yards ahead of and 100 yards outboard or aft of the historic Sloop-of-
War USS CONSTELLATION while operating in the Inner Harbor, the
Northwest Harbor and the Patapsco River. Vessels underway at the time
this safety zone is implemented will immediately proceed out of the
zone. With the exception of USS CONSTELLATION ``turn-around''
participants, entry into this zone is prohibited unless authorized by
the Captain of the Port or his designated representative. U.S. Coast
Guard patrol vessels will be provided to prevent the movement of
persons and vessels in the regulated area. The Captain of the Port
Baltimore will issue Broadcast Notices to Mariners to publicize the
safety zone and notify the public of changes in the status of the zone.
Such notices will continue until the event is complete.
Regulatory Analyses
We developed this proposed 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, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Executive Order 12866
or under section 1 of Executive Order 13563. The Office of Management
and Budget has not reviewed it under those Orders.
Although this safety zone restricts vessel traffic through the
affected area, the effect of this regulation will not be significant
due to the limited size and duration that the regulated area will be in
effect. In addition, notifications will be made to the maritime
community via marine information broadcasts so mariners may adjust
their plans accordingly.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule may affect the following
entities, some of which might be small entities: the owners or
operators of vessels intending to operate or transit through or within
the safety zone during the enforcement period. The safety zone will not
have a significant economic impact on a substantial number of small
entities for the following reasons. The safety zone is of limited size
and duration. Smaller vessels not constrained by their draft, which are
more likely to be small entities, may transit around the safety zone.
Maritime advisories will be widely available to the maritime community
before the effective period.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Mr. Ronald L. Houck, Coast Guard
Sector Baltimore, Waterways Management Division, at telephone number
410-576-2674 or email Ronald.L.Houck@uscg.mil. The Coast Guard will not
retaliate against small entities that question or complain
[[Page 11436]]
about this proposed rule or any policy or action of the Coast Guard.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
made a preliminary determination that this action is one of a category
of actions that do not individually or cumulatively have a significant
effect on the human environment. A preliminary environmental analysis
checklist supporting this determination is available in the docket
where indicated under ADDRESSES. This proposed rule involves
establishing a temporary safety zone. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amends 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
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.
2. Add Sec. 165.T05-0101 to read as follows:
Sec. 165.T05-0101 Safety Zone; Patapsco River, Northwest and Inner
Harbors, Baltimore, MD.
(a) Regulated area. The following location is a safety zone: (1)
all waters within 200 yards ahead of and 100 yards outboard or aft of
the historic Sloop-of-War USS CONSTELLATION while operating in the
Inner Harbor, the Northwest Harbor and the Patapsco River.
(b) Definitions. As used in this section: (1) ``Captain of the Port
Baltimore'' means the Commander, U.S. Coast Guard Sector Baltimore,
Maryland.
(2) ``Designated representative'' means any Coast Guard
commissioned, warrant, or petty officer who has been authorized by the
Captain of the Port Baltimore to assist in enforcing the safety zone
described in paragraph (a) of this section.
(3) ``USS CONSTELLATION ``turn-around'' participants'' means the
USS CONSTELLATION, its support craft and the accompanying towing
vessels.
(c) Regulations. The general safety zone regulations found in 33
CFR 165.23 apply to the safety zone created by this temporary section,
Sec. 165.T05.0101. (1) All persons are required to comply with the
general regulations governing safety zones found in 33 CFR 165.23.
(2) With the exception of USS CONSTELLATION ``turn-around''
participants, entry into or remaining in this zone is prohibited unless
authorized by the Coast Guard Captain
[[Page 11437]]
of the Port Baltimore. Vessels already at berth, mooring, or anchor at
the time the safety zone is implemented do not have to depart the
safety zone. All vessels underway within this safety zone at the time
it is implemented are to depart the zone.
(3) Persons desiring to transit the area of the safety zone must
first request authorization from the Captain of the Port Baltimore or
his designated representative. To seek permission to transit the area,
the Captain of the Port Baltimore and his designated representatives
can be contacted at telephone number 410-576-2693 or on Marine Band
Radio, VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing
this section can be contacted on Marine Band Radio, VHF-FM channel 16
(156.8 MHz). Upon being hailed by a U.S. Coast Guard vessel, or other
Federal, State, or local agency vessel, by siren, radio, flashing
lights, or other means, the operator of a vessel shall proceed as
directed. If permission is granted, all persons and vessels must comply
with the instructions of the Captain of the Port Baltimore or his
designated representative and proceed at the minimum speed necessary to
maintain a safe course while within the zone.
(4) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, and local agencies.
(d) Enforcement period. This section will be enforced from 2 p.m.
through 7 p.m. on May 25, 2012, and, if necessary due to inclement
weather, from 2 p.m. through 7 p.m. on May 31, 2012.
Dated: February 10, 2012.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2012-4397 Filed 2-24-12; 8:45 am]
BILLING CODE 9110-04-P
