[Federal Register: November 6, 2009 (Volume 74, Number 214)]
[Rules and Regulations]
[Page 57415-57418]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06no09-7]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0956]
RIN 1625-AA00
Safety Zone; SR 90 Bridge, Assawoman Bay, Isle of Wight and Ocean
City, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on
Assawoman Bay in the vicinity of the SR 90 Bridge (Ocean City
Expressway) that connects Isle of Wight and Ocean City, MD. This action
will protect mariners and public property on Assawoman Bay from the
hazards associated with possible falling debris from the channel span
superstructure and facilitates expeditious repairs to the
[[Page 57416]]
span by allowing the contracted company to maintain their position
inside the main channel. Vessel traffic will be redirected to an
alternative channel during the effective period.
DATES: This rule is effective from 12:01 a.m. October 22, 2009 through
11:59 p.m. December 31, 2009.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2009-0956 and are available online
by going to http://www.regulations.gov, inserting USCG-2009-0956 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the 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, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail LT Tiffany Duffy, United States Coast
Guard Sector Hampton Roads Waterways Management Division; telephone
757-668-5580, e-mail Tiffany.A.Duffy@uscg.mil. If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final 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 because immediate action is needed to provide
for the safety of life and property on navigable waters.
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. Delaying the effective date would
be contrary to the public interest because the dilapidated condition of
the channel span superstructure could lead to severe injury,
fatalities, and/or destruction of public property; therefore, immediate
action is needed to ensure public safety.
Background and Purpose
Coast Guard Sector Hampton Roads has been notified by Maryland
Department of Transportation State Highway Administration that
immediate repairs are required on the channel span superstructure of
the SR 90 Bridge over Assawoman Bay. During the period of repair,
vessel traffic through the main channel will be restricted and
redirected to transit under the bridge span immediately west of the
main span. Due to the need to protect mariners and spectators from the
hazards associated with repair operations, access to all waters of
Assawoman Bay within the 900 foot radius of the main channel of the SR
90 Bridge will be closed to navigation. Hazards associated with repair
operations include, but are not limited to, the presence of heavy
machinery used to fix the main channel span and the potential for
falling objects or debris caused by vehicular traffic travelling over
the dilapidated portion of the main channel span.
Discussion of Rule
The Coast Guard is establishing a safety zone on the specified
waters of Assawoman Bay in the vicinity of Isle of Wight and Ocean
City, Maryland. This safety zone will encompass all navigable waters of
Assawoman Bay within 900 foot radius of approximate position
38[deg]23'19'' N, 075[deg]5'22'' W (NAD 1983). All traffic will be
redirected to navigable waters immediately adjacent to and west of the
main channel span structure by private aids to navigation pre-
positioned at approximate positions 38[deg]23'17'' N, 075[deg]5'34'' W;
38[deg]23'17'' N, 075[deg]5'33'' W; 38[deg]23'24'' N, 075[deg]5'33'' W;
38[deg]23'23'' N, 075[deg]5'32'' W; 38[deg]23'17'' N, 075[deg]5'33'' W;
and 38[deg]23'24'' N, 075[deg]5'33'' W (NAD 1983) and by bridge
navigation lights. The safety zone will be established in the interest
of public safety during the repair of the SR 90 Bridge (Ocean City
Expressway) channel span superstructure and will be enforced from 12:01
a.m. October 22, 2009 through 11:59 p.m. December 31, 2009. No person
or vessel may enter or remain in the safety zone unless authorized by
the Captain of the Port or his Representative. Vessels will be allowed
to transit around the safety zone, under the bridge span immediately
west of the main span. Notification of the safety zone will be provided
to the public via marine information broadcasts.
Regulatory Analyses
We developed this 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, 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 proposed regulation restricts access to the safety
zone, the effect of this rule will not be significant because: (i) The
safety zone will be in effect during less-traveled times of the year;
(ii) the zone is of limited size; (iii) there is an alternative channel
for vessels to transit; and (iv) the Coast Guard will make
notifications via maritime advisories so mariners can adjust their
plans accordingly. For those reasons, the Coast Guard does not
anticipate any significant economic impact.
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 Assawoman Bay in the vicinity of the SR 90 Bridge
(Ocean City Expressway) from 12:01 a.m. October 22, 2009 until 11:59
p.m. December 31, 2009. This safety zone will not have a significant
economic impact on a substantial number of small entities for the
following reasons: (1) The safety zone will only be in place during
less-traveled times of the year; (2) before the effective period,
maritime advisories will be issued allowing mariners to adjust their
plans accordingly; (3) although the safety zone will apply to
[[Page 57417]]
all navigable waters of Assawoman Bay within a 900 feet radius of
approximate position 38[deg]23'19'' N, 075[deg]5'22'' W (NAD 1983),
vessel traffic will be allowed to pass through the zone with the
permission of the Captain of the Port or his Representative; and (4)
there is an alternative channel for vessels to transit.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can 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). 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.
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 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 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 concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves establishing a safety
zone. This safety zone introduces no additional hazards to the
environment while ensuring that life and property are protected during
repair operations of the channel span superstructure. An environmental
analysis checklist and a 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
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, 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.T05-0956 to read as follows:
Sec. 165.T05-0956 Safety Zone; SR 90 Bridge, Assawoman Bay, Isle of
Wight and Ocean City, MD.
(a) Location. The following area is a safety zone: Specified waters
of Assawoman Bay within 900 foot radius of approximate position
38[deg]23'19'' N, 075[deg]5'22'' W (NAD 1983)., in the
[[Page 57418]]
vicinity of Isle of Wight and Ocean City, MD.
(b) Definitions. As used in this section, designated representative
means any U.S. Coast Guard commissioned, warrant or petty officer who
has been authorized by the Captain of the Port, Hampton Roads, Virginia
to act on his behalf.
(c) Regulations. (1) In accordance with the general regulations in
165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port, Hampton Roads or his designated
representatives.
(2) The operator of any vessel in the immediate vicinity of this
safety zone must:
(i) Stop the vessel immediately upon being directed to do so by any
commissioned, warrant or petty officer on shore or on board a vessel
that is displaying a U.S. Coast Guard Ensign.
(ii) Proceed as directed by any commissioned, warrant or petty
officer on shore or on board a vessel that is displaying a U.S. Coast
Guard Ensign.
(3) The Captain of the Port, Hampton Roads can be reached through
the Sector Duty Officer at Sector Hampton Roads in Portsmouth, Virginia
at telephone number (757) 638-6641.
(4) The Coast Guard Representatives enforcing the safety zone can
be contacted on VHF-FM marine band radio channel 13 (165.65 Mhz) and
channel 16 (156.8 Mhz).
(d) Enforcement Period: This regulation will be in effect from
October 22, 2009 through December 31, 2009.
Dated: October 22, 2009.
M.S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. E9-26772 Filed 11-5-09; 8:45 am]
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