[Federal Register: September 11, 2007 (Volume 72, Number 175)]
[Rules and Regulations]
[Page 51711-51713]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11se07-6]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. CGD05-07-085]
RIN 1625-AA00
Safety Zone; Chesapeake Bay, Susquehanna River, Havre de Grace,
MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in
waters of the Susquehanna River within a 50-yard radius of pier number
5 of the old US-40 Highway bridge (bridge number 1206000). The bridge
is located at approximate position latitude 39[deg]33'11'' N, longitude
076[deg]05'09'' W. This safety zone is necessary to provide for the
safety of life, property and the environment on navigable waters of the
U.S. This safety zone restricts the movement of vessels in a portion of
the Susquehanna River, in order to facilitate the marking as a hazard
to navigation and the removal of the heavily damaged abandoned masonry
bridge pier structure located near Havre de Grace, in Harford County,
Maryland.
DATES: This rule is effective from 12 p.m. on August 27, 2007, until 12
p.m. on September 24, 2007.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD05-07-085 and are available for
inspection or copying at Commander, U.S. Coast Guard Sector Baltimore,
2401 Hawkins Point Road, Baltimore, Maryland 21226-1791, between 8 a.m.
and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Ronald L. Houck, Waterways Management
Division, at (410) 576-2674.
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) and (d)(3), the Coast Guard finds
that good cause exists for not publishing an NPRM and for making this
rule effective less than 30 days after publication in the Federal
Register. Publishing an NPRM and delaying its effective date would be
contrary to the public interest, because there is not sufficient time
to publish a proposed rule in advance of the event and immediate action
is needed to protect persons and vessels against the hazards associated
with a heavily-damaged masonry bridge pier structure located adjacent
to the navigation channel and its removal. Such hazards include further
damage to the structure by mariners and the possible collapse of the
structure with falling stone debris.
Background and Purpose
On August 23, 2007, the Captain of the Port Baltimore, Maryland was
notified by the Maryland State Highway Administration that during an
inspection of an adjacent highway bridge a contracted bridge inspector
noticed that further damage to pier number 5 of the old US-40 Highway
bridge (bridge number 1206000) existed three or four days prior. The
pier number 5 bridge structure was damaged in May 2005. The bridge pier
is among a line of 12 other similar structures crossing the Susquehanna
River between Harford County, Maryland and Cecil County, Maryland. Due
to the need for vessel control during the marking of the bridge as a
hazard to
[[Page 51712]]
navigation and the removal of the damaged bridge pier, which is
expected to last between two and three weeks, maritime traffic will be
temporarily restricted from using the western portion of the navigation
channel to provide for the safety of transiting vessels.
Discussion of Rule
The Coast Guard is establishing a temporary safety zone on waters
of the Susquehanna River within a 50-yard radius of pier number 5 of
the old US-40 Highway bridge (bridge number 1206000), located at
approximate position latitude 39[deg]33'11'' N, longitude
076[deg]05'09'' W. The temporary safety zone will be effective from 12
p.m. on August 27, 2007, until 12 p.m. on September 24, 2007. The State
of Maryland is expected to temporarily establish six orange and white
cylindrical regulatory marker buoys with the words ``DANGER KEEP OUT''
during bridge removal operations. This safety zone is needed to control
vessel traffic and to enhance the safety of transiting vessels during
the marking of the bridge as a hazard to navigation and the removal of
the damaged bridge pier, no person or vessel may enter or remain in the
safety zone. Vessels will be allowed to transit the waters of the
Susquehanna River outside the safety zone. Additionally, the Captain of
the Port will cease enforcement of this zone in the event the removal
operations terminate prior to the end of the effective period.
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.
Although this rule prevents traffic from transiting a portion of
the Susquehanna River during the event, the effect of this rule will
not be significant due to the limited size of the safety zone, and the
extensive notifications that will be made to the maritime community via
marine information broadcasts, so mariners can adjust their plans
accordingly. We expect the economic impact of this proposed rule to be
so minimal that a full Regulatory Evaluation under the regulatory
policies and procedures of DHS is unnecessary.
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 or anchor in a portion of the Susquehanna River from 12 p.m. on
August 27, 2007, until 12 p.m. on 24 September 2007. This safety zone
will not have a significant economic impact on a substantial number of
small entities for the following reasons. The safety zone is limited in
size and will only apply to a portion of the Susquehanna River within
the western side of the navigation channel. Vessel traffic not
constrained by its draft, which small entities usually are, will be
able to safely pass around the zone. The Coast Guard will continue to
issue maritime advisories, updating the status and progress of the
activity, making them widely available to users of the waterway.
Additionally, the Captain of the Port will cease enforcement of this
zone in the event the removal operations terminate prior to the end of
the effective period.
Therefore, Coast Guard certifies under section 605 (b) of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this temporary
final rule will not have a significant economic impact on a substantial
number of small entities.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 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
[[Page 51713]]
with Indian Tribal Governments, because it does not have a substantial
direct effect on one or more Indian tribes, on the relationship between
the Federal Government and Indian tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
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'' will be available in the
docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping 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. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 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 temporary Sec. 165.T05-085 to read as follows:
Sec. 165.T05-085 Safety Zone; Chesapeake Bay, Susquehanna River,
Havre de Grace, MD.
(a) Location. The following area is a safety zone: All waters
located in the Susquehanna River, within a 50-yard radius of pier
number 5 of the old US-40 Highway bridge (bridge number 1206000),
located at approximate position latitude 39[deg]33'11'' N, longitude
076[deg]05'09'' W (North American Datum 1983).
(b) Regulations. All persons are required to comply with the
general regulations governing safety zones in 33 CFR 165.23 of this
part.
(1) All vessels and persons are prohibited from entering this zone,
except as authorized by the Coast Guard Captain of the Port, Baltimore,
Maryland.
(2) Persons or vessels requiring entry into or passage within the
zone must request authorization from the Captain of the Port or his
designated representative by telephone at (410) 576-2693 or on marine
band radio channel 16 VHF-FM.
(3) All Coast Guard assets enforcing this safety zone can be
contacted on marine band radio channels 13 and 16 VHF-FM.
(4) The operator of any vessel within or in the immediate vicinity
of this safety zone shall:
(i) Stop the vessel immediately upon being directed to do so by any
commissioned, warrant or petty officer on board a vessel displaying a
Coast Guard Ensign, and
(ii) Proceed as directed by any commissioned, warrant or petty
officer on board a vessel displaying a Coast Guard Ensign.
(c) Definitions. The Captain of the Port means the Commander, Coast
Guard Sector Baltimore or any Coast Guard commissioned, warrant or
petty officer who has been authorized by the Captain of the Port to act
on his behalf.
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zones by Federal, State and local agencies.
(e) Enforcement period. This section will be enforced from 12 p.m.
on August 27, 2007, until 12 p.m. on September 24, 2007. In the event
removal operations are completed prior to 12 p.m. on September 24,
2007, the Captain of the Port may cease enforcement of this regulation
at that time.
Dated: August 27 2007.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. E7-17816 Filed 9-10-07; 8:45 am]
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