[Federal Register Volume 78, Number 217 (Friday, November 8, 2013)]
[Proposed Rules]
[Pages 67086-67090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-26971]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-0908]
RIN 1625-AA00


Safety Zone, Submarine Cable Replacement Operations, Kent Island 
Narrows; Queen Anne's County, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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[[Page 67087]]

SUMMARY: The Coast Guard proposes to establish 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 submarine cable 
replacement operations at the Kent Island Narrows (MD-18B) Bridge. This 
action is intended to restrict vessel traffic movement to protect 
mariners from potential safety hazards associated with the bridge 
project. Entry into this zone would be prohibited unless specifically 
authorized by the Captain of the Port Baltimore or his designated 
representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before November 25, 2013.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http:[sol][sol]www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Ronald Houck, Sector Baltimore Waterways Management 
Division, Coast Guard; telephone 410-576-2674, email 
[email protected]. If you have questions on viewing or submitting 
material to the docket, call Barbara Hairston, 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. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http:[sol][sol]www.regulations.gov and will include 
any personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http:[sol][sol]www.regulations.gov, or by fax, mail, or hand delivery, 
but please use only one of these means. If you submit a comment online, 
it will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to 
http:[sol][sol]www.regulations.gov, type the docket number [USCG-2013-
0908] in the ``SEARCH'' box and click ``SEARCH.'' Click on ``Submit a 
Comment'' on the line associated with this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to 
http:[sol][sol]www.regulations.gov, type the docket number (USCG-2013-
0908) 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.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    This rule involves the installation of a submarine cable within a 
federal navigation channel requiring divers, a barge, and support boats 
during a 13-day period in December 2013. The bridge operation 
regulations for Kent Island Narrows listed in 33 CFR 117.561 do not 
apply to this activity.

C. 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; Public Law 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 the electrical submarine cable replacement operations 
at the Kent Island Narrows (MD-18B) Bridge.

D. Discussion of Proposed Rule

    The Maryland State Highway Administration will replace a submarine 
cable across the federal navigation channel at the Kent Island Narrows 
(MD-18B) Bridge over the Kent Island Narrows in Queen Anne's County, 
Maryland, scheduled from 8 a.m. on December 2, 2013 through 6 p.m. on 
December 15, 2013.
    According to the Maryland State Highway Administration, the work in 
early December 2013 in necessary because a waterway construction 
restriction does not allow this type of work between December 15, 2013 
and March 15, 2014, and further delaying

[[Page 67088]]

the submarine cable work until March 2014 would have a larger impact to 
those mariners using the federal navigation channel. The designated 
work site extends approximately 55 feet northward from the south side 
of the bridge, 55 feet southward from the south side of the bridge, 74 
feet eastward of the federal navigation channel centerline, and 70 feet 
westward of the federal navigation channel centerline. Although outside 
the federal navigation channel, portions of Kent Island Narrows will 
remain open to marine traffic during the work and the bridge can be 
operated if necessary.
    Through this regulation, the Coast Guard proposes to establish a 
temporary safety zone. The zone would encompass 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. The zone would be 
enforced daily from 6 a.m. to 6 p.m., from 8 a.m. on December 2, 2013 
to 6 p.m. on December 15, 2013.
    The effect of this safety zone would be to restrict marine 
navigation in the regulated area during daily work activity. Vessels 
and persons would be allowed to transit the waters of Kent Island 
Narrows outside the safety zone.
    This rule would require that, with the exception of Maryland State 
Highways Administration support vessels, entry into or remaining in 
this safety 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 would be required to depart the 
zone. To seek permission to transit the area of the safety zone, the 
Captain of the Port Baltimore can be contacted at telephone number 410-
576-2693 or on Marine Band Radio VHF-FM channel 16 (156.8 MHz). Coast 
Guard vessels enforcing the safety zone can be contacted on Marine Band 
Radio VHF-FM channel 16 (156.8 MHz). Federal, state, and local agencies 
may assist the Coast Guard in the enforcement of the safety zone. The 
Coast Guard will issue notices to the maritime community to further 
publicize the safety zone and notify the public of changes in the 
status of the zone. Such notices will continue until the work activity 
is complete.

E. Regulatory Analyses

    We developed this proposed 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.

1. Regulatory Planning and Review

    This proposed 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 
would restrict access to this area, the effect of this proposed rule 
would not be significant because: (i) the Coast Guard would give 
advance notification via maritime advisories so mariners can adjust 
their plans accordingly, (ii) the safety zone would not be activated, 
and thus subject to enforcement, daily from 6 p.m. to 6 a.m., from 8 
a.m. on December 2, 2013 to 6 p.m. on December 15, 2013, and (iii) 
although the safety zone would apply to the entire width of the federal 
navigation channel and not the entire width of Kent Island Narrows, 
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 certifies under 5 U.S.C. 605(b) that this 
proposed rule will not have a significant economic impact on a 
substantial number of small entities.
    This proposed rule would affect the following entities, some of 
which might be small entities: the owners or operators of vessels 
intending to transit or anchor in a portion of the Kent Island Narrows 
daily from 6 a.m. to 6 p.m., from 8 a.m. on December 2, 2013 to 6 p.m. 
on December 15, 2013.
    This safety zone would not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
safety zone would be activated, and thus subject to enforcement, for 12 
hours during the day. Although the safety zone would apply to the 
entire width of the federal navigation channel, vessel traffic could 
pass safely around the safety zone. Before the activation of the zone, 
we would issue maritime advisories widely available to users of the 
river.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

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 proposed rule. If the rule would affect 
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. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

4. Collection of Information

    This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).

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 proposed 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.

[[Page 67089]]

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

8. Taking of Private Property

    This proposed rule would 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 proposed 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 From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

 11. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed rule 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed 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 
made a preliminary determination 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 proposed rule involves 
establishing a temporary safety zone in the Kent Island Narrows to 
maintain public safety during submarine cable replacement operations at 
the Kent Island Narrows (MD-18B) 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. A preliminary environmental 
analysis checklist supporting this determination and a Categorical 
Exclusion Determination are available in the docket where indicated 
under ADDRESSES. We seek any comments or information that may lead to 
the discovery of a significant environmental impact from this proposed 
rule.

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 proposes 
to amend 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.T05-0908 to read as follows:


Sec.  165.T05-0908  Safety Zone, Submarine Cable Replacement 
Operations, Kent Island Narrows; Queen Anne's County, MD.

    (a) Location. The following area is a safety zone: 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.T05-0908.
    (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.
    (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

[[Page 67090]]

all vessels engaged in submarine cable replacement operations under the 
auspices of the Maryland State Highways Administration's authorization 
for repairs at the MD-18B Bridge across Kent Island Narrows in Queen 
Anne's County, Maryland.
    (d) Enforcement periods. This section will be enforced daily from 6 
a.m. to 6 p.m., from 8 a.m. on December 2, 2013 to 6 p.m. on December 
15, 2013.

    Dated: October 24, 2013.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2013-26971 Filed 11-6-13; 4:15 pm]
BILLING CODE 9110-04-P