[Federal Register Volume 79, Number 208 (Tuesday, October 28, 2014)]
[Proposed Rules]
[Pages 64157-64160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25617]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-0898]
RIN 1625-AA00
Safety Zone; Kent Narrows Draw Bridge Repairs, Kent Island
Narrows; Queen Anne's County, 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
encompassing certain waters of Kent Island Narrows in Queen Anne's
County, MD. This action is necessary to provide for the safety of
mariners and their vessels on navigable waters during bridge repairs at
the Kent Narrows (MD-18B) Draw Bridge. This action is intended to
restrict vessel traffic movement to protect mariners from potential
safety hazards associated with the bridge project scheduled to occur in
the federal navigation channel between December 15, 2014 and February
16, 2015. Entry into this zone is prohibited unless specifically
authorized by the Captain of the Port Baltimore or his designated
representative.
DATES: Comments and related material must be received by the Coast
Guard on or before November 28, 2014.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: 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. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ronald Houck, Sector Baltimore Waterways Management
Division, Coast Guard; telephone 410-576-2674, email
[email protected]. If you have questions on
[[Page 64158]]
viewing or submitting material to the docket, call Cheryl Collins,
Program Manager, Docket Operations, telephone (202) 366-9826.
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, 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 online, 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-2014-0898] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
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,
type the docket number (USCG-2014-0898) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. 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 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. Regulatory History and Information
This rule involves bridge repairs within a federal navigation
channel requiring work barges and support boats during a 63-day period
from December 15, 2014 to February 16, 2015.
The bridge operation regulations for Kent Island Narrows listed in
33 CFR 117.561 do not apply to this rule.
C. Basis and Purpose
The legal basis and authorities for this rule are found in 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; Public Law 107-295, 116 Stat.
2064; and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to propose, establish, and
define regulatory safety zones. The purpose of this safety zone is to
protect public boaters and their vessels from potential safety hazards
associated with repairs conducted at the Kent Narrows (MD-18B) Draw
Bridge.
D. Discussion of Proposed Rule
The Maryland State Highway Administration has scheduled repairs to
the Kent Narrows (MD-18B) Draw Bridge, located over the Kent Island
Narrows in Queen Anne's County, Maryland. The work will occur from 6
a.m. on December 15, 2014 through 6 a.m. on February 16, 2015.
According to the Maryland State Highway Administration, the
positioning of barges within the federal navigation channel is
necessary in order to conduct the bridge work. As a result, a waterway
restriction will occur impacting those mariners using the federal
navigation channel between December 15, 2014 and February 16, 2015. The
designated work site extends approximately 55 feet northward from the
south side of the bridge, 55 feet southward from the south side of the
bridge, 74 feet eastward of the federal navigation channel centerline,
and 70 feet westward of the federal navigation channel centerline. The
navigable waters of Kent Island Narrows outside the federal navigation
channel will remain open to marine traffic during the work.
Through this regulation, the Coast Guard proposes to establish a
temporary safety zone. The zone will encompass all waters of Kent
Island Narrows, within an area bounded by the following points: From
position latitude 38[deg]58'14.5'' N, longitude 076[deg]14'50.2'' W;
thence easterly to position latitude 38[deg]58'14.1'' N, longitude
076[deg]14'48.4'' W; thence southerly to position latitude
38[deg]58'12.3'' N, longitude 076[deg]14'49.0'' W; thence westerly to
position latitude 38[deg]58'12.8'' N, longitude 076[deg]14'50.8'' W;
thence northerly to point of origin at position latitude
38[deg]58'14.5'' N, longitude 076[deg]14'50.2'' W. The zone will be
enforced from 6 a.m. on December 15, 2014 to 6 a.m. on February 16,
2015.
The effect of this safety zone will be to restrict marine
navigation in the regulated area during work activity. Vessels and
persons will be allowed to transit the waters of Kent Island Narrows
outside the safety zone.
This rule requires that, with the exception of Maryland State
Highways Administration support vessels, entry into or remaining in
this safety zone is prohibited unless authorized by the Coast Guard
Captain of the Port Baltimore. All vessels underway within this safety
zone at the time it is implemented are to depart the zone. To seek
permission to transit the area of the safety zone, the Captain of the
Port Baltimore can be contacted at telephone number 410-576-2693 or on
Marine Band Radio VHF-FM channel 16 (156.8
[[Page 64159]]
MHz). Coast Guard vessels enforcing the safety zone can be contacted on
Marine Band Radio VHF-FM channel 16 (156.8 MHz). Federal, state, and
local agencies may assist the Coast Guard in the enforcement of the
safety zone. The Coast Guard will issue notices to the maritime
community to further publicize the safety zone and notify the public of
changes in the status of the zone. Such notices will continue until the
work activity is complete.
E. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or 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,
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 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 regulation
would restrict access to this area, the effect of this proposed rule
will not be significant because: The Coast Guard will give advance
notification via maritime advisories so mariners can adjust their plans
accordingly, and although the safety zone will apply to the entire
width of the federal navigation channel and not the entire width of
Kent Island Narrows, vessel traffic not constrained by draft or height
may be able to transit safely around the safety zone.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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
proposed rule will not have a significant economic impact on a
substantial number of small entities.
This proposed rule would affect the following entities, some of
which might be small entities: The owners or operators of vessels
intending to operate, transit through or anchor within the safety zone
during the enforcement period.
This safety zone would not have a significant economic impact on a
substantial number of small entities for the reasons stated under
Regulatory Planning and Review.
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.
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. 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, above. 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 will not call for a 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
determined that this 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 an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. 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.
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 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
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did
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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. This proposed rule
involves establishing a temporary safety zone in the Kent Island
Narrows to maintain public safety during repairs to the Kent Narrows
(MD-18B) Draw Bridge. This action is necessary to protect persons and
property during the project. This rule is categorically excluded from
further review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. A preliminary environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination are
available in the docket where indicated under ADDRESSES. 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. 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.
0
2. Add Sec. 165.T05-0898 to read as follows:
Sec. 165.0898 Safety Zone; Kent Narrows Draw Bridge Repairs, Kent
Island Narrows, Queen Anne's County, MD.
(a) Location. The following area is a safety zone:
(1) All waters of Kent Island Narrows, within an area bounded by
the following points: From position latitude 38[deg]58'14.5'' N,
longitude 076[deg]14'50.2'' W; thence easterly to position latitude
38[deg]58'14.1'' N, longitude 076[deg]14'48.4'' W; thence southerly to
position latitude 38[deg]58'12.3'' N, longitude 076[deg]14'49.0'' W;
thence westerly to position latitude 38[deg]58'12.8'' N, longitude
076[deg]14'50.8'' W; thence northerly to point of origin at position
latitude 38[deg]58'14.5'' N, longitude 076[deg]14'50.2'' W, located in
Queen Anne's County, Maryland. All coordinates refer to datum NAD 1983.
(2) [Reserved]
(b) Regulations. The general safety zone regulations found in Sec.
165.23 apply to the safety zone created by this section.
(1) All persons are required to comply with the general regulations
governing safety zones found in Sec. 165.23.
(2) With the exception of Maryland State Highways Administration
support vessels, entry into or remaining in this zone is prohibited
unless authorized by the Coast Guard Captain of the Port Baltimore. 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 obtain 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
light, 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 as directed 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.
(c) Definitions. As used in this section:
Captain of the Port Baltimore means the Commander, U.S. Coast Guard
Sector Baltimore, Maryland.
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.
Maryland State Highways Administration Support Vessels means all
vessels engaged in bridge work under the auspices of the Maryland State
Highways Administration's authorization for repairs to the Kent Narrows
(MD-18B) Draw Bridge across Kent Island Narrows in Queen Anne's County,
Maryland.
(d) Enforcement period. This section will be enforced from 6 a.m.
on December 15, 2014 to 6 a.m. on February 16, 2015.
Dated: October 9, 2014.
K.C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2014-25617 Filed 10-27-14; 8:45 am]
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