[Federal Register Volume 79, Number 240 (Monday, December 15, 2014)]
[Rules and Regulations]
[Pages 74025-74028]
From the Federal Register Online via the Government Publishing 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 [email protected]. 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]
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