[Federal Register Volume 72, Number 175 (Tuesday, September 11, 2007)]
[Rules and Regulations]
[Pages 51711-51713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-17816]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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]
BILLING CODE 4910-15-P