Safety Zone; Kent Narrows Draw Bridge Repairs, Kent Island Narrows; Queen Anne's County, MD, 74025-74028 [2014-29371]

Download as PDF Federal Register / Vol. 79, No. 240 / Monday, December 15, 2014 / Rules and Regulations be different for each bond issued, but shall not exceed the sum of an original maturity period of 20 years and an extended maturity period of 10 years. The retirement savings bond purchased by the designated Roth IRA custodian on behalf of a program participant will mature at the earlier of 30 years from the date the bond is first issued to the custodian on behalf of the program participant or when the total value of the bond held on behalf of the program participant reaches $15,000.00. The designated Roth IRA custodian will submit a request for redemption of retirement savings bonds upon maturity. Subpart F—Miscellaneous § 347.50 Waiver of regulations. The Commissioner of the Fiscal Service, as designee of the Secretary of the Treasury, may waive or modify any provision or provisions of the regulations in this part. He or she may do so in any particular case or class of cases for the convenience of the United States or in order to relieve any person or persons of unnecessary hardship: (a) If such action would not be inconsistent with law or equity; (b) If it does not impair any material existing rights; and (c) If he or she is satisfied that such action would not subject the United States to any substantial expense or liability. § 347.51 Additional requirements; bond of indemnity. The Commissioner of the Fiscal Service, as designee of the Secretary of the Treasury, may require: (a) Such additional evidence to support a requested action as he or she may consider necessary or advisable; or (b) A bond of indemnity, with or without surety, in any case in which he or she may consider such a bond necessary for the protection of the interests of the United States. tkelley on DSK3SPTVN1PROD with RULES § 347.52 Supplements, amendments, or revisions. The Secretary of the Treasury may at any time, or from time to time, prescribe additional, supplemental, amendatory, or revised rules and regulations governing United States retirement savings bonds. Dated: December 9, 2014. David A. Lebryk, Fiscal Assistant Secretary. [FR Doc. 2014–29334 Filed 12–12–14; 8:45 am] BILLING CODE 4810–AS–P VerDate Sep<11>2014 17:02 Dec 12, 2014 Jkt 235001 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2014–1024] Drawbridge Operation Regulations; Cheesequake Creek, Morgan, NJ Coast Guard, DHS. Notice of deviation from drawbridge regulation. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the operation of the New Jersey Transit Rail Operations (NJTRO) railroad bridge across Cheesequake Creek, mile 0.2, at Morgan, New Jersey. This deviation is necessary to allow the bridge owner to perform structural repairs at the bridge. This deviation allows the bridge to remain closed on nine consecutive weekends. DATES: This deviation is effective from 6 a.m. on January 10, 2015 through 7 p.m. on March 8, 2015. ADDRESSES: The docket for this deviation, [USCG–2014–1024] is available at http://www.regulations.gov. Type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this deviation. 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. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary deviation, call or email Mr. Joe M. Arca, Project Officer, First Coast Guard District, telephone (212) 514–4336, joe.m.arca@uscg.mil. If you have questions on viewing the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: The NJTRO railroad bridge across Cheesequake Creek, mile 0.2, at Morgan, New Jersey, has a vertical clearance in the closed position of 3 feet at mean high water and 8 feet at mean low water. The existing bridge operating regulations are found at 33 CFR 117.709(b). The waterway is transited by seasonal recreational vessels of various sizes. The bridge owner, New Jersey Transit Rail Operations, requested a temporary deviation from the normal operating SUMMARY: PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 74025 schedule to facilitate structural repairs at the bridge. Under this temporary deviation the NJTRO railroad bridge shall remain in the closed position for nine consecutive weekends from 6 a.m. on Saturday through 7 p.m. on Sunday on the following dates: January 10 and 11, January 17 and 18, January 24 and 25, January 31 and February 1, February 7 and 8, February 14 and 15, February 21 and 22, February 28 and March 1, March 7 and March 8, 2015. The draw shall maintain its normal operating schedule at all other times. There are no alternate routes for vessel traffic; however, vessels that can pass under the closed draws during this closure may do so at all times. The bridge may be opened in the event of an emergency. The Coast Guard will inform the users of the waterways through our Local and Broadcast Notice to Mariners of the change in operating schedule for the bridges so that vessels can arrange their transits to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: December 1, 2014. C.J. Bisignano, Supervisory Bridge Management Specialist, First Coast Guard District. [FR Doc. 2014–29367 Filed 12–12–14; 8:45 am] BILLING CODE 9110–04–P 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 Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing 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 SUMMARY: E:\FR\FM\15DER1.SGM 15DER1 74026 Federal Register / Vol. 79, No. 240 / Monday, December 15, 2014 / Rules and Regulations 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: This rule is effective from 6 a.m. on December 15, 2014 to 6 a.m. on February 16, 2015. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG– 2014–0898]. To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type the docket number 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. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Mr. Ronald Houck, U.S. Coast Guard Sector Baltimore, MD; telephone 410–576–2674, email Ronald.L.Houck@ uscg.mil. If you have questions on 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 tkelley on DSK3SPTVN1PROD with RULES A. Regulatory History and Information On October 28, 2014, we published a notice of proposed rulemaking (NPRM) entitled ‘‘Safety Zone, Kent Narrows Draw Bridge Repairs, Kent Island Narrows; Queen Anne’s County, MD’’ in the Federal Register (79 FR 64157). We received no comments on the proposed rule. No public meeting was requested, and none was held. The bridge operation regulations for Kent Island Narrows listed in 33 CFR 117.561 do not apply to this rule. 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. Event planners did not provide the Coast Guard adequate advance notice of the event to allow 30 days after publication with an appropriate period VerDate Sep<11>2014 17:02 Dec 12, 2014 Jkt 235001 for public comment. Notice for this event was submitted to the Fifth Coast Guard District via letter on September 22, 2014. Details for this event were not received by the Captain of the Port Baltimore until September 30, 2014. B. 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; Pub. L. 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. C. Discussion of Comments, Changes and the Final Rule The Coast Guard received no comments in response to the NPRM. No public meeting was requested and none was held. Accordingly, the regulatory text mirrors the proposed text published in the NPRM. D. Regulatory Analyses We developed this 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 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 will restrict access to this area, the effect of this proposed rule will not be significant because: (i) The Coast Guard will give advance notification via maritime advisories so mariners can adjust their plans accordingly, and (ii) although the safety zone will apply to the entire width of the federal navigation channel, it does not restrict the entire width of Kent Island Narrows. Accordingly, vessel traffic not constrained by draft or height may be able to transit safely around the safety zone. PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 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 received no comments from the Small Business Administration on this rule. 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 may affect the following entities, some of which may 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 will not have a significant economic impact on a substantial number of small entities for the reasons stated under paragraph D.1., Regulatory Planning and Review. 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 rule. If the rule affects 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. 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. 4. 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). E:\FR\FM\15DER1.SGM 15DER1 Federal Register / Vol. 79, No. 240 / Monday, December 15, 2014 / Rules and Regulations 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 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 rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. 8. Taking of Private Property This rule will 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. tkelley on DSK3SPTVN1PROD with RULES 9. 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. 10. 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. 11. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, VerDate Sep<11>2014 17:02 Dec 12, 2014 Jkt 235001 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. 12. Energy Effects This action 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 rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. 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 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 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. An environmental analysis checklist supporting this determination 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. 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 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. PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 74027 2. Add § 165.T05–0898 to read as follows: ■ § 165.T05–0898 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°58′14.5″ N, longitude 076°14′50.2″ W; thence easterly to position latitude 38°58′14.1″ N, longitude 076°14′48.4″ W; thence southerly to position latitude 38°58′12.3″ N, longitude 076°14′49.0″ W; thence westerly to position latitude 38°58′12.8″ N, longitude 076°14′50.8″ W; thence northerly to point of origin at position latitude 38°58′14.5″ N, longitude 076°14′50.2″ W, located in Queen Anne’s County, Maryland. All coordinates refer to datum NAD 1983. (b) Regulations. The general safety zone regulations found in 33 CFR 165.23 apply to the safety zone created by this temporary section, § 165.T05– 0898. (1) All persons are required to comply with the general regulations governing safety zones found in 33 CFR 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. E:\FR\FM\15DER1.SGM 15DER1 74028 Federal Register / Vol. 79, No. 240 / Monday, December 15, 2014 / Rules and Regulations (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. 33 CFR Part 165 This rule is effective without actual notice from December 15, 2014 until March 31, 2015. For purposes of enforcement, actual notice will be used from the date the rule was signed, November 26, 2014, until December 15, 2014. The rule will be enforced when visibility is reduced below one nautical mile in affected zones. ADDRESSES: Documents mentioned in this preamble are part of docket USCG– 2014–1013. To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type the docket number 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. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary final rule, call or email Lieutenant Omar La Torre Reyes, Sector St. Petersburg Prevention Department, Coast Guard; telephone (813) 228–2191, email Omar.LaTorreReyes@uscg.mil. If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: [Docket Number USCG–2014–1013] Table of Acronyms RIN 1625–AA00 Safety Zone; Reduced Visibility, Sector St. Petersburg Captain of the Port Zone, FL DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking A. Regulatory History and Information Dated: December 3, 2014. M.M. Dean, Commander, U.S. Coast Guard, Acting Captain of the Port Baltimore. [FR Doc. 2014–29371 Filed 12–12–14; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard Coast Guard, DHS. ACTION: Temporary final rule. AGENCY: The Coast Guard is establishing temporary safety zones for all of Tampa Bay during periods of reduced visibility. The safety zones will be enforced when visibility falls below one nautical mile. Tampa Bay will be categorized into seven zones in order to close only the affected areas of Tampa Bay. Heavy fog affects Tampa Bay an average of 22 days annually, mainly between the months of November through March. These safety zones are necessary to protect commercial traffic from the hazards resulting from reduced visibility. Entering, transiting within, or transiting through this safety zone is prohibited unless authorized by the Captain of the Port St. Petersburg or a designated representative. tkelley on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 17:02 Dec 12, 2014 Jkt 235001 DATES: 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 Tampa Bay has recently experienced periods of reduced visibility that present a hazard to vessels and people in the port. In 1980, during a period of reduced visibility, the MV Summit Venture allided with the Sunshine Skyway Bridge resulting in the death of 35 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 people. This rule seeks to avoid such incidents by prohibiting vessel movements when visibility is reduced to less than 1 nautical mile. Any delay in the effective date of this rule would be contrary to public interest as immediate action is needed to protect the public from hazards associated with reduced visibility. For the same reason discussed above, 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. The legal basis for the rule is the Coast Guard’s authority to establish regulated navigation areas and limited access areas: 33 U.S.C. 1225, 1231; 33 CFR 1.05–1, 6.04–1; Department of Homeland Security Delegation No. 0170.1. B. Discussion of the Temporary Final Rule The Coast Guard is establishing a temporary safety zone for all of Tampa Bay for the purpose of closing Tampa Bay’s navigable waterways or sections of Tampa Bay’s waterways when visibility is reduced below one nautical mile due to fog and other inclement weather conditions. Persons and vessels are prohibited from entering, transiting through, anchoring in, or getting underway within the safety zone unless authorized by the Captain of the Port St. Petersburg or a designated representative. Persons and vessels desiring to enter, transit within, transit through, or anchor in the safety zone may contact the Captain of the Port St. Petersburg by telephone at (727) 824–7506, or a designated representative via VHF radio on channel 16, to request authorization. If authorization to enter, transit through, anchor in, or remain within the safety zone is granted by the Captain of the Port St. Petersburg or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port St. Petersburg or a designated representative. The Coast Guard will provide notice of the safety zone by Broadcast Notice to Mariners and on-scene designated representatives. C. 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 or executive orders. E:\FR\FM\15DER1.SGM 15DER1

Agencies

[Federal Register Volume 79, Number 240 (Monday, December 15, 2014)]
[Unknown Section]
[Pages 74025-74028]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29371]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing 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

[[Page 74026]]

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: This rule is effective from 6 a.m. on December 15, 2014 to 6 
a.m. on February 16, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0898]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Ronald Houck, U.S. Coast Guard Sector Baltimore, MD; 
telephone 410-576-2674, email Ronald.L.Houck@uscg.mil. If you have 
questions on 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. Regulatory History and Information

    On October 28, 2014, we published a notice of proposed rulemaking 
(NPRM) entitled ``Safety Zone, Kent Narrows Draw Bridge Repairs, Kent 
Island Narrows; Queen Anne's County, MD'' in the Federal Register (79 
FR 64157). We received no comments on the proposed rule. No public 
meeting was requested, and none was held. The bridge operation 
regulations for Kent Island Narrows listed in 33 CFR 117.561 do not 
apply to this rule.
    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. Event planners did not provide the 
Coast Guard adequate advance notice of the event to allow 30 days after 
publication with an appropriate period for public comment. Notice for 
this event was submitted to the Fifth Coast Guard District via letter 
on September 22, 2014. Details for this event were not received by the 
Captain of the Port Baltimore until September 30, 2014.

B. 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; Pub. L. 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.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard received no comments in response to the NPRM. No 
public meeting was requested and none was held. Accordingly, the 
regulatory text mirrors the proposed text published in the NPRM.

D. Regulatory Analyses

    We developed this 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 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 will restrict access to this area, the 
effect of this proposed rule will not be significant because: (i) The 
Coast Guard will give advance notification via maritime advisories so 
mariners can adjust their plans accordingly, and (ii) although the 
safety zone will apply to the entire width of the federal navigation 
channel, it does not restrict the entire width of Kent Island Narrows. 
Accordingly, 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 received no comments from the Small Business 
Administration on this rule. 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 may affect the following entities, some of which may 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 will not have a significant economic impact on a 
substantial number of small entities for the reasons stated under 
paragraph D.1., Regulatory Planning and Review.

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 rule. If the rule affects 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.
    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.

4. 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).

[[Page 74027]]

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

8. Taking of Private Property

    This rule will 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 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

    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.

11. 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.

12. Energy Effects

    This action 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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 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 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. An environmental analysis checklist supporting 
this determination 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.

    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; 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.T05-0898  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.
    (b) Regulations. The general safety zone regulations found in 33 
CFR 165.23 apply to the safety zone created by this temporary section, 
Sec.  165.T05-0898.
    (1) All persons are required to comply with the general regulations 
governing safety zones found in 33 CFR 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.

[[Page 74028]]

    (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: December 3, 2014.
M.M. Dean,
Commander, U.S. Coast Guard, Acting Captain of the Port Baltimore.
[FR Doc. 2014-29371 Filed 12-12-14; 8:45 am]
BILLING CODE 9110-04-P