[Federal Register Volume 68, Number 88 (Wednesday, May 7, 2003)]
[Rules and Regulations]
[Pages 24359-24361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11298]


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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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