[Federal Register Volume 78, Number 131 (Tuesday, July 9, 2013)]
[Proposed Rules]
[Pages 41009-41012]
[FR Doc No: 2013-16391]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0501]
RIN 1625-AA00

Safety Zone; National Governors Association, Milwaukee, WI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish two safety zones in
Milwaukee, Wisconsin for the 2013 National Governors Association summer
meeting. The first zone is intended to restrict vessels from a portion
of Milwaukee Harbor; the second zone is intended to restrict vessels
from a portion of the Menomonee River. These two proposed safety zones
are necessary to protect the public and transiting vessels from the
hazards associated with the anticipated congregation of spectator,
volunteer, and government vessels in these areas. The proposed safety
zones are also necessary to protect the public from the hazards
associated with a fireworks display.

DATES: Comments and related material must be received by the Coast
Guard on or before August 8, 2013.

ADDRESSES: You may submit comments identified by docket number USCG-
2013-0501 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (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<PHONE_NUMBER>.
    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 Petty Officer Joseph McCollum, U.S. Coast Guard
Sector Lake Michigan; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2013-0501), 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 at, http://www.regulations.gov or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment 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 http://www.regulations.gov,
type the docket number USCG-2013-0501 in the ``SEARCH'' box and click
``SEARCH.'' Click on the ``submit a comment'' box, which will then
become highlighted in blue. 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.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``SEARCH'' box insert ``USCG-2013-0501'' 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.

3. 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).

4. 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.

B. Basis and Purpose

    The National Governors Association will hold its 2013 meeting in
Milwaukee, WI. This meeting is expected to bring large gatherings of
officials, volunteers, and spectators to locations within and around
the city of Milwaukee. As part of this event, a fireworks show is
planned within Milwaukee Harbor. The Captain of the Port, Lake
Michigan, has determined that the likelihood of transiting watercraft
and congestion of vessels in the affected waterways, along with a
fireworks display presents significant safety risks. These risks
include collisions among spectators and transiting local watercraft as
well as falling debris, accidental detonations, and the spread of fire
among spectator vessels.

C. Discussion of Proposed Rule

    The Captain of the Port, Lake Michigan, has determined that a
safety zone is necessary to mitigate the aforementioned safety risks.
Thus, this proposed rule establishes two safety zones. The first safety
zone encompasses all waters of Milwaukee Harbor, including Lakeshore
inlet and Discovery World Marina, within a rectangle with coordinates
beginning at 43[deg]02'22.8'' N, 087[deg]53'46.4'' W then east to
43[deg]02'22.4'' N, 087[deg]53'22.5'' W, then southwest to
43[deg]01'59.8'' N, 087[deg]53'27.4'' W, then west to 43[deg]02'02.1''
N, 087[deg]53'50.8'' W, then northeast along shore to the point of
origin (NAD 83). The second safety zone encompasses all waters and
branches of the Menomonee River from the North Plankinton Avenue Bridge
in position 43[deg]01'57.4'' N, 087[deg]54'44.8'' W then west to an
imaginary line running north and south along 6th street.
    This proposed rule will be effective from August 1, 2013, until
August 5, 2013. This safety zone will be enforced between August 1 and
August 5, 2013.
    The Captain of the Port Lake Michigan will use all appropriate
means to notify the public that the zones in this proposal will be
enforced, in accordance with 33 CFR 165.7(a). Such means of notice may
include, but are not limited to, Broadcast Notice to Mariners or Local
Notice to Mariners.
    All persons and vessels shall comply with the instructions of the
Captain of the Port, Lake Michigan, or his or her designated on-scene
representative. Entry into, transiting, or anchoring within the safety
zone is prohibited unless authorized by the Captain of the Port, Lake
Michigan, or his or her designated on-scene representative. The Captain
of the Port, Lake Michigan, or his or her designated on-scene
representative may be contacted via VHF Channel 16.

D. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on these statutes and executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS). We conclude that this proposed rule is not a
significant regulatory action because we anticipate that it will have
minimal impact on the economy, will not interfere with other agencies,
will not adversely alter the budget of any grant or loan recipients,
and will not raise any novel legal or policy issues. The safety zones
established by this proposed rule will be relatively small. Also, the
safety zones are designed to minimize impact on navigable waters.
Furthermore, the safety zones have been designed to allow vessels to
transit unrestricted to portions of the waterways not affected by the
safety zones. Thus, restrictions on vessel movements within the
affected areas are expected to be minimal. Under certain conditions,
moreover, vessels may still transit through the safety zones when
permitted by the Captain of the Port. On the whole, the Coast Guard
expects insignificant adverse impact to mariners from the activation of
these safety zones.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612), as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulkemaking. 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 will affect the following entities, some of
which might be small entities: The owners or operators of vessels
intending to transit or anchor within a portion of Milwaukee Harbor
and/or a portion of the Menomonee River during the times that these
zones are enforced.
    This proposed safety zone will not have a significant economic
impact on a substantial number of small entities for the following
reasons: This proposed rule will be enforced for a limited time on 5
days. These proposed safety zones have been designed to allow traffic
to pass safely around the zones whenever possible and vessels will be
allowed to pass through the zones with the permission of the Captain of
the Port. If you think that your business, organization, or
governmental jurisdiction qualifies as a small entity and that this
proposed 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.

3. 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 Petty Officer Joseph McCollum,
Prevention Department, Coast Guard Sector Lake Michigan, Milwaukee, WI
at<PHONE_NUMBER>. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

4. 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).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that this proposed rule does not have implications for
federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. 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 expenditure, we do discuss the effects of this proposed
rule elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

9. 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.

10. Protection of Children from Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed 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.

11. 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.

12. 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.

13. 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.

14. 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. An environmental analysis
checklist supporting this determination is available in the docket
where indicated under ADDRESSES. This proposed rule involves the
establishment of a safety zone and is therefore categorically excluded
under figure 2-1, paragraph 34(g) of the Instruction. 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 amend 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. 1231; 46 U.S.C. Chapters 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.

0
2. Add Sec.  165.T09-0501 to read as follows:

Sec.  165.T09-0501  Safety Zone; National Governors Association,
Milwaukee, WI.

    (a) Location. The following are safety zones:
    (1) All waters of Milwaukee Harbor, including Lakeshore inlet and
Discovery World Marina, within a rectangle with coordinates beginning
at 43[deg]02'22.8'' N, 087[deg]53'46.4'' W then east to
43[deg]02'22.4'' N, 087[deg]53'22.5'' W, then southwest to
43[deg]01'59.8'' N, 087[deg]53'27.4'' W, then west to 43[deg]02'02.1''
N, 087[deg]53'50.8'' W, then northeast along shore to the point of
origin (NAD 83).
    (2) All waters and branches of the Menomonee River from the North
Plankinton Avenue Bridge in position 43[deg]01'57.4'' N,
087[deg]54'44.8'' W then west to an imaginary line running north and
south along 6th street.
    (b) Effective Period. This safety zone will be effective and
enforced from August 1, 2013, until August 5, 2013. Specific times
during which these safety zones will be enforced will be provided by
Broadcast Notice to Mariners and/or actual notice from the Captain of
the Port's on-scene representative.
    (c) Definitions. The following definitions apply to this section:
    (1) ``On-scene Representative'' means any Coast Guard Commissioned,
warrant, or petty officer designated by the Captain of the Port, Lake
Michigan to monitor a safety zone, permit entry into the zone, give
legally enforceable orders to persons or vessels within the zones, and
take other actions authorized by the Captain of the Port.
    (2) ``Public vessel'' means vessels owned, chartered, or operated
by the United States, or by a State or political subdivision thereof.
    (d) Regulations.

    (1) In accordance with the general regulations in section 165.23 of
this part, entry into, transiting, or anchoring in this safety zone is
prohibited unless authorized by the Captain of the Port, Lake Michigan,
or his or her designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic except as
permitted by the Captain of the Port, Lake Michigan, or his or her
designated on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port,
Lake Michigan, is any Coast Guard commissioned, warrant, or petty
officer who has been designated by the Captain of the Port, Lake
Michigan, to act or his or her behalf. The Captain of the Port, Lake
Michigan, or his or her designated on-scene representative may be
contacted via VHF Channel 16.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port, Lake Michigan, or his or
her designated on-scene representative to obtain permission to do so.
Vessel operators given permission to enter or operate in the safety
zone must comply with all directions given to them by the Captain of
the Port, Lake Michigan, or his or her on-scene representative.
    (e) Exemptions. Public vessels, as defined in paragraph (c) of this
section, are exempt from the requirements in this section.

    Dated: June 24, 2013.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2013-16391 Filed 7-8-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 226 (Monday, November 29, 2021)]
[Notices]
[Page 67745]
[FR Doc No: 2021-26047]

-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: 2:00 p.m. on Thursday, December 2, 2021.

PLACE: The meeting will be held via remote means and/or at the
Commission's headquarters, 100 F Street NE, Washington, DC 20549.

STATUS: This meeting will be closed to the public.

MATTERS TO BE CONSIDERED: Commissioners, Counsel to the Commissioners,
the Secretary to the Commission, and recording secretaries will attend
the closed meeting. Certain staff members who have an interest in the
matters also may be present.
    In the event that the time, date, or location of this meeting
changes, an announcement of the change, along with the new time, date,
and/or place of the meeting will be posted on the Commission's website
at https://www.sec.gov.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10),
permit consideration of the scheduled matters at the closed meeting.
    The subject matter of the closed meeting will consist of the
following topics:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Resolution of litigation claims; and
    Other matters relating to examinations and enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting agenda items that may consist of
adjudicatory, examination, litigation, or regulatory matters.

CONTACT PERSON FOR MORE INFORMATION: For further information; please
contact Vanessa A. Countryman from the Office of the Secretary at (202)
551-5400.
    Authority: 5 U.S.C. 552b.

    Dated: November 24, 2021.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2021-26047 Filed 11-24-21; 4:15 pm]
BILLING CODE 8011-01-P


EPA Burdens for CY 2003 2005 06/ 12/ 03 Average Item Hours 1999 Cost 2003 Cost 2004 Cost 2005 Cost 3yr cost 1. NAMS/ SLAMS/ PAMS oversight 119,116 $ 5,193,479 $ 5,630,602 $ 5,735,331 $ 5,840,288 $ 5,735,407 ( includes site visits, annual network review)

2. QA audits ( includes perf. audits 31,551 $ 1,433,805 $ 1,554,485 $ 1,583,398 $ 1,612,375 $ 1,583,419 NPAP, & systems audits)

3. Regional monitoring meeting 4,735 $ 200,409 $ 217,277 $ 221,318 $ 225,368 $ 221,321 with States 4. National or regional monitoring 3,486 $ 149,541 $ 162,128 $ 165,143 $ 168,165 $ 165,145 meetings 5. 103/ 105 Grant activities 13,096 $ 502,695 $ 545,006 $ 555,143 $ 565,302 $ 555,150 6. AIRS/ AQS costs 19,906 $ 834,638 $ 904,888 $ 921,718 $ 938,586 $ 921,731 7. Other items 7,489 $ 165,573 $ 179,509 $ 182,848 $ 186,194 $ 182,850 8. Methods development in 968 $ 75,856 $ 82,241 $ 83,770 $ 85,303 $ 83,771 support of regulatory program 9. Reference and equivalent 7,787 $ 466,012 $ 505,235 $ 514,633 $ 524,050 $ 514,639 method activities 10. In house burdens for AIRS/ AQS 10,296 $ 932,893 $ 1,011,412 $ 1,030,225 $ 1,049,078 $ 1,030,238 ( includes AIRS Exec, AIRS TTN Web/ Homepage, AIRS conference, training)

11. Contractor support including hot line, enhancements 3,000 $ 135,000 $ 146,363 $ 149,085 $ 151,813 $ 149,087 maintenance, training, etc.

12. Hardware/ software NCC $ 167,387 $ 181,476 $ 184,851 $ 188,234 $ 184,853 burden 13. Other ( software purchased $ 67,527 $ 73,211 $ 74,572 $ 75,937 $ 74,573 internal support)

Totals 221,430 $ 10,324,815 $ 11,193,831 $ 11,402,036 $ 11,610,693 $ 11,402,187 Inflation rates for each year: 2000 102.9% 2001 102.1% 2002 101.3% 2003 101.9% 2004 101.9% 2005 101.8%


[Federal Register Volume 82, Number 190 (Tuesday, October 3, 2017)]
[Rules and Regulations]
[Pages 45981-45984]
[FR Doc No: 2017-21180]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0808]
RIN 1625-AA00

Safety Zone; Patapsco River, Northwest and Inner Harbors;
Baltimore, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Patapsco River, Northwest Harbor and Inner
Harbor. This action is necessary to provide for the safety of life on
the navigable waters at Baltimore, MD, during the movement of the
historic sloop-of-war USS CONSTELLATION on October 26, 2017. If
necessary, due to inclement weather, the event will be rescheduled for
October 27, 2017. This action will prohibit persons and vessels from
entering the safety zone unless authorized by the Captain of the Port
Maryland--National Capital Region.

DATES: This rule is effective from 8 a.m. on October 26, 2017, through
1 p.m. on October 27, 2017.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0808 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ronald L. Houck, at Sector Maryland--National Capital
Region, Waterways Management Division, U.S. Coast Guard; telephone 410-
576-2674, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On September 15, 2017, Historic Ships in Baltimore of Baltimore,
MD, notified the Coast Guard that from 9 a.m. to noon on October 26,
2017, it will be conducting a tow of the historic sloop-of-war USS
CONSTELLATION in Baltimore, MD, from its berth at the Inner Harbor to a
point on the Patapsco River near the Fort McHenry National Monument and
Historic Shrine, and its return to its berth at the Inner Harbor.
    This rule involves the USS CONSTELLATION ``turn-around'' cruise, an
event that takes place in Baltimore, MD. A permanent safety zone for
this rule, with an enforcement period from 2 p.m. through 7 p.m. local
time annually on the Thursday before Memorial Day (observed), has been
published and is detailed at Title 33 Code of Federal Regulations,
section 165.512. However, due to a change in scheduling, the event this
year is planned for October 26, 2017. If necessary, due to inclement
weather, the event will be rescheduled for October 27, 2017. The event
is scheduled to start at 9 a.m. and the event location remains
unchanged.
    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule due to the short time period between event
planners notifying the Coast Guard of details concerning the event, on
September 15, 2017, and publication of this safety zone. It is
impracticable and contrary to the public interest to publish an NPRM to
provide a notice and an opportunity for comment period because we must
establish this safety zone by October 26, 2017 to ensure the safety of
vessels and the navigable waters before, during, and after the
scheduled event. Such hazards include vessels colliding, sinking or
grounding, creating hazards to navigation, and threatening the marine
environment.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making it effective less than 30 days after publication in
the Federal Register. Delaying the effective date of this rule would be
impracticable and contrary to public interest because immediate action
is needed to respond to the potential safety hazards associated with a
movement of a historic sloop-of war being towed in confined waters
during the boating season in Baltimore, MD.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The COTP has determined that potential hazards associated with
the USS CONSTELLATION ``turn-around'' cruise will be a safety concern
for anyone on the Patapsco River, Northwest Harbor and Inner Harbor.
The purpose of this rulemaking is to ensure the safety of vessels and
the navigable waters in the safety zone before, during, and after the
scheduled event.

IV. Discussion of the Rule

    This rule establishes a safety zone from 8 a.m. through 1 p.m. on
October 26, 2017, and, if necessary due to inclement weather, from 8
a.m. through 1 p.m. on October 27, 2017. The safety zone will include
all navigable 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 or the Patapsco River. This
location is entirely within the Area of Responsibility of the COTP
Maryland-National Capital Region, as set forth at 33 CFR 3.25-15.
    This rule requires any unauthorized persons in the regulated area
at the time this safety zone is in effect to immediately proceed out of
the zone. Except for USS CONSTELLATION ``turn-around'' participants,
and vessels at berth, mooring, or at anchor, this rule temporarily
requires all vessels in the designated safety zone as defined by this
rule to immediately depart the safety zone. Entry into this safety zone
is prohibited, unless specifically authorized by the COTP Maryland--
National Capital Region. Coast Guard personnel will be present to
prevent the movement of unauthorized persons into the zone. Federal,
state, and local agencies may assist the Coast Guard in the enforcement
of this rule. The COTP Maryland--National Capital Region will issue
Broadcast Notices to Mariners to further 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. The regulatory text appears
at the end of this document.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, it has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. Vessel traffic
will be able to safely transit around this safety zone, which will
impact a small designated area of the Patapsco River, Northwest Harbor
and Inner Harbor for five hours during the weekday when vessel traffic
is normally low. Moreover, the Coast Guard will issue a Broadcast
Notice to Mariners via VHF-FM marine channel 22A about the zone. Such
notifications will be updated as necessary, to keep the maritime
community informed of the status of the safety zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    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 rule. 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 the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    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.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. 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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this 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 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a safety zone lasting approximately five hours that will
prohibit entry within 200 yards ahead of and 100 yards outboard or aft
of the historic sloop-of-war USS CONSTELLATION. It is categorically
excluded from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. A Record of Environmental Consideration (REC)
supporting this determination is available in the docket where
indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

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. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T05-0808 to read as follows:

Sec.  165.T05-0808  Safety Zone; Patapsco River, Northwest and Inner
Harbors; Baltimore, MD.

    (a) Definitions. As used in this section:
    Captain of the Port Maryland--National Capital Region means the
Commander, U.S. Coast Guard Sector Maryland--National Capital Region or
any Coast Guard commissioned, warrant, or petty officer who has been
authorized by the Captain of the Port, Maryland--National Capital
Region to assist in enforcing the safety zone described in paragraph
(b) of this section.
    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: The
navigable waters within 200 yards ahead of or 100 yards outboard or aft
of the historic sloop-of-war USS CONSTELLATION, while operating in the
Inner Harbor, the Northwest Harbor or the Patapsco River.
    (c) Regulations. (1) The general safety zone regulations found in
33 CFR 165.23 apply to the safety zone created by this temporary
section, Sec.  165.T05.0808.
    (2) With the exception of USS CONSTELLATION ``turn-around''
participants, and vessels at berth, mooring, or at anchor, entry into
or remaining in this zone is prohibited, unless authorized by the
Captain of the Port, Maryland--National Capital Region. All vessels
underway within this safety zone at the time it is implemented shall
depart the safety zone.
    (3) Persons or vessels requiring entry into or passage through the
moving safety zone must first request authorization from the Captain of
the Port, Maryland--National Capital Region to seek permission to
transit the area. The Captain of the Port, Maryland--National Capital
Region can be contacted at telephone number<PHONE_NUMBER> and on
Marine Band Radio VHF Channel 16 (156.8 MHz). The Coast Guard vessels
enforcing this section can be contacted on Marine Band Radio VHF
Channel 16 (156.8 MHz). Upon being hailed by a U.S. Coast Guard vessel
by siren, radio, flashing light, or other means, the person or vessel
shall proceed as directed. If permission is granted, all persons or
vessels must comply with the instructions of the Captain of the Port,
Maryland--National

Capital Region, and proceed at the minimum speed necessary to maintain
a safe course while within the zone.
    (4) The COTP Maryland--National Capital Region will notify the
public of any changes in the status of this safety zone by Marine
Safety Radio Broadcast on VHF-FM marine band radio channel 22A (157.1
MHZ).
    (d) Enforcement officials. The U.S. Coast Guard may be assisted by
Federal, State and local agencies in the patrol and enforcement of the
zone.
    (e) Enforcement period. This section will be enforced from 8 a.m.
through 1 p.m. on October 26, 2017, and, if necessary due to inclement
weather, from 8 p.m. through 1 p.m. on October 27, 2017.

    Dated: September 27, 2017.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Maryland--National
Capital Region.
[FR Doc. 2017-21180 Filed 10-2-17; 8:45 am]
BILLING CODE 9110-04-P