[Federal Register: May 7, 2003 (Volume 68, Number 88)]
[Rules and Regulations]
[Page 24359-24361]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07my03-13]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-03-043]
RIN 1625-AA00
Safety Zone; Amtrak Railroad Bridge, Susquehanna River, Havre de
Grace, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing an emergency safety zone to
protect the Amtrak Railroad Bridge on the Susquehanna River. This
safety zone is necessary to provide for the safety of life on navigable
waters due to damage to the bridge fendering system. This action is
intended to restrict vessel traffic in a portion of the Susquehanna
River in the vicinity of the Amtrak Railroad Bridge.
DATES: This rule is effective from 5 p.m. on April 23, 2003, through 5
p.m. on May 23, 2003.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD05-03-043 and are available for
inspection or copying at Commander, Coast Guard Activities Baltimore,
2401 Hawkins Point Road, Baltimore, Maryland 21226-1791, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LT Dulani Woods, Waterways Management,
Commander, Coast Guard Activities Baltimore, 2401 Hawkins Point Road,
Baltimore, Maryland 21226-1791, telephone number (410) 576-2513.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. Due to the unexpected nature
of the weather impacting the railroad bridge and the damage to the
bridge fendering system, it is in the public interest to have the
safety zone in effect immediately.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Due to the unexpected nature of
the weather impacting the railroad bridge and the damage to the bridge
fendering system, it is in the public interest to have the safety zone
in effect immediately.
[[Page 24360]]
Background and Purpose
Following a report of two tug-and-barge impacts with the Amtrak
Railroad Bridge fendering system, underwater damage was discovered,
causing an obstruction and creating a hazard to navigation in the
eastern portion of the navigable channel. Due to an increasing presence
of recreational boating, the prolonged existence of the hazard to
navigation, and until repairs to the fendering system have been made,
the Coast Guard will restrict vessel traffic in the area.
Discussion of Rule
The Coast Guard is establishing a temporary safety zone on
specified waters of the Susquehanna River in Havre de Grace, Maryland.
The temporary safety zone will be enforced from 5 p.m. on April 23,
2003, through 5 p.m. on May 23, 2003. The effect will be to restrict
general navigation in the regulated area until repairs to the bridge
fendering system have been made and removal of the underwater
obstruction. Except for persons or vessels authorized by the Coast
Guard Patrol Commander, no person or vessel may enter or remain in the
regulated area.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
We expect the economic impact of this temporary final rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
Although this regulation prevents traffic from transiting a portion
of the Susquehanna River, the effect of this regulation will not be
significant due to the limited duration that the regulated area will be
in effect and the limited portion of the river that will be regulated.
Also, the Captain of the Port will allow smaller vessels that do not
pose a significant risk to the bridge or its fendering system to
transit the area. Other reasons include extensive notifications that
will be made to the maritime community via marine information
broadcasts.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
This rule will affect the following entities, some of which may be
small entities: the owners or operators of vessels intending to transit
in a portion of the Susquehanna River from 5 p.m. April 23, 2003, to 5
p.m. on May 23, 2003.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons.
Although the safety zone will apply to the entire width of the river,
most vessel operators will be allowed to pass through the zone with the
permission of the Captain of the Port.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. Small
businesses may send comments on the actions of Federal employees who
enforce, or otherwise determine compliance with, Federal regulations to
the Small Business and Agriculture Regulatory Enforcement Ombudsman and
the Regional Small Business Regulatory Fairness Boards. The Ombudsman
evaluates these actions annually and rates each agency's responsiveness
to small business. If you wish to comment on actions by employees of
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that Order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office
[[Page 24361]]
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.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
concluded that there are no factors in this case that would limit the
use of a categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (34)(g), of the Instruction, from further environmental
documentation. A final ``Environmental Analysis Check List'' and a
final ``Categorical Exclusion Determination'' are available in the
docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231, 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6 and 160.5; Department of Homeland Security Delegation
No. 0170.
0
2. Add temporary Sec. 165.T05-043 to read as follows:
Sec. 165.T05-043 Safety Zone; Amtrak Railroad Bridge, Susquehanna
River, Havre de Grace, Maryland.
(a) Regulated Area. The waters of the Susquehanna River, 10 yards
in all directions from the swing portion of the Amtrak Railroad Bridge
(Mile 1.0 on the Susquehanna River.)
(b) Regulations. Except for persons or vessels authorized by the
Captain of the Port or his designated representative, no person or
vessel may enter or remain in the safety zone.
(c) Effective date. This section is effective from 5 p.m. on April
23, 2003 through 5 p.m. on May 23, 2003.
Dated: April 23, 2003.
Evan Q. Kahler,
Commander, U.S. Coast Guard, Acting Captain of the Port, Baltimore,
Maryland.
[FR Doc. 03-11298 Filed 5-6-03; 8:45 am]
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