[Federal Register Volume 84, Number 242 (Tuesday, December 17, 2019)]
[Proposed Rules]
[Pages 68858-68860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27153]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0897]
RIN 1625-AA00


Safety Zone; Isle of Wight Bay, Ocean City, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary safety 
zone for certain waters in Isle of Wight Bay. This action is necessary 
to provide for the safety of personnel and vessels at and immediately 
adjacent to the Harry W. Kelley Memorial (US-50) Bridge during 
submarine electrical cable replacement operations which will occur from 
January 27, 2020, through February 3, 2020, daily from 6 a.m. until 10 
p.m. This proposed rulemaking would prohibit persons and vessels from 
being in the safety zone unless authorized by the Captain of the Port 
Maryland--National Capital Region or a designated representative. We 
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before January 2, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0897 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Petty Officer Courtney Perry, Sector 
Maryland--NCR, Waterways Management Division, U.S. Coast Guard; 
telephone 410-576-2570, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Maryland Department of Transportation notified the Coast Guard 
that it will be conducting an installation of submarine cables from 
January 27, 2020, through February 3, 2020, within the navigation 
channel at the Harry W. Kelley Memorial (US-50) Bridge located in Ocean 
City, MD. The installation operations will be conducted at all hours 
during this time period. Vessels will not be able to use the navigation 
channel to pass through the draw span, daily from January 27, 2020, 
through February 3, 2020, from 6 a.m. until 10 p.m. Divers will be 
working from a barge and floating platforms which will impede 75 to 125 
feet of the channel. On site marine equipment and vessels will be 
operated by Covington Machine and Welding, Inc. of Annapolis, MD or its 
subcontractors. Vessels engaged in work for this project will utilize 
marine band radio VHF-FM channel 13. The navigable waters outside of 
the navigation channel, in the vicinity of the bridge, will be 
unobstructed during this time and may be used at mariners' discretion. 
The COTP Maryland--National Capital Region has determined potential 
hazards associated with the installation of submarine electrical cables 
would be a safety concern for anyone at and immediately adjacent to the 
bridge.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters at and immediately adjacent to the Harry W. 
Kelley Memorial (US-50) Bridge during this project. The Coast Guard is 
proposing this rulemaking under authority in 46 U.S.C. 70034 
(previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The Coast Guard is proposing to establish a safety zone January 27, 
2020, through February 3, 2020 from 6 a.m. until 10 p.m. The safety 
zone will cover all navigable waters of the Isle of Wight Bay 
encompassed by a line connecting the following points beginning at 
38[deg]19'57.2'' N, 075[deg]05'26.0'' W, thence to 38[deg]19'56.9'' N, 
075[deg]05'24.8'' W, thence to 38[deg]19'55.6'' N, 075[deg]05'25.3'' W, 
thence to 38[deg]19'55.9'' N, 075[deg]05'26.6'' W, and back to the 
beginning point, located at Ocean City, MD. The regulated area is 
approximately 100 feet in width and 180 feet in length.
    This regulation would require that the bridge owner post a sign 
facing the northern and southern approaches of the navigation channel 
labeled ``CABLE WORK--DANGER--STAY AWAY'' affixed to the sides of the 
on-scene marine equipment and vessels operating within the area of the 
safety zone. This provides on-scene notice of the safety zone. This 
notice will consist of a diamond shaped sign (minimum 4 feet by 4 feet) 
with a 3-inch orange retro reflective border. The word ``DANGER'' will 
be 10 inch black block letters centered on the sign with the words 
``CABLE WORK'' and ``STAY AWAY'' in 6 inch black block letters placed 
above and below the word ``DANGER,'' respectively, on a white 
background.
    The COTP will notify the public that the safety zone will be 
enforced by all appropriate means to the affected segments of the 
public, including publication in the Federal Register, as practicable, 
in accordance with 33 CFR 165.7(a). Such means of notification may also 
include, but are not limited to, Broadcast Notice to Mariners or Local 
Notice to Mariners. Vessels or persons violating this rule are subject 
to the penalties set forth in 46 U.S.C. 70036 (previously codified in 
33 U.S.C. 1232) and 46 U.S.C. 70052 (previously codified in 50 U.S.C. 
192).
    The duration of enforcement of the zone is intended to ensure the 
safety of vessels and these navigable waters throughout the submarine 
electrical cable installation. Except for marine equipment and vessels 
operated by Covington Machine and Welding, Inc. or its subcontractors, 
no vessel or person will be permitted to enter the safety zone without 
permission from the COTP or a designated representative. The regulatory 
text we are proposing appears at the end of this document.

[[Page 68859]]

IV. 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 and Executive orders and 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
duration, and the time-of-year of the safety zone. The proposed 
submarine cable installation is being planned during the winter/non-
peak season, when vessel transits in this section of the federal 
navigation channel are unlikely. Vessel traffic not required to use the 
navigation channel will be able to safely transit around the safety 
zone. This safety zone would impact a small designated area of Isle of 
Wight Bay for approximately 8 days and coincides with the non-peak 
season for recreational boating.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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 would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above, this proposed rule will not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule will have a 
significant economic, please submit a comment (see ADDRESSES) 
explaining why you think it qualifies and how and to what degree this 
rule would economically affect it.
    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 this rule were to 
affect your small business, organization, or governmental jurisdiction 
and you have questions concerning its provisions or options for 
compliance, please call or email the person listed in the FOR FURTHER 
INFORMATION CONTACT section. 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.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    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 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section.

E. 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.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01, Rev. 1, associated implementing 
instructions, and Environmental Planning COMDTINST 5090.1 (series), 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (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 a safety 
zone lasting approximately eight days that would prohibit use of 
navigable waters at or adjacent to the Harry W. Kelley Memorial (US-50) 
Bridge. Normally such actions are categorically excluded from further 
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01. A preliminary Record of Environmental 
Consideration supporting this determination is 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.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. 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.

[[Page 68860]]

    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, call or email the person 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and 
submissions in response to this document, see DHS's Correspondence 
System of Records notice (84 FR 48645, September 26, 2018).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 is 
proposing 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T05-0897 to read as follows:


Sec.  165.T05-0897  Safety Zone; Isle of Wight Bay, Ocean City, MD

    (a) Location. The following area is a safety zone: All navigable 
waters of Isle of Wight Bay, encompassed by a line connecting the 
following points beginning at 38[deg]19'57.2'' N, 075[deg]05'26.0'' W, 
thence to 38[deg]19'56.9'' N, 075[deg]05'24.8'' W, thence to 
38[deg]19'55.6'' N, 075[deg]05'25.3'' W, thence to 38[deg]19'55.9'' N, 
075[deg]05'26.6'' W, and back to the beginning point, located at Ocean 
City, MD. These coordinates are based on datum NAD 1983.
    (b) Definitions. As used in this section--
    Captain of the Port (COTP) means the Commander, U.S. Coast Guard 
Sector Maryland--National Capital Region.
    Designated representative means any Coast Guard commissioned, 
warrant, or petty officer who has been authorized by the Captain of the 
Port Maryland--National Capital Region to assist in enforcing the 
security zone described in paragraph (a) of this section.
    Marine equipment means any vessel, barge or other equipment 
operated by Covington Machine and Welding, Inc. or its subcontractors.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative. Except for marine equipment, all 
vessels within this safety zone at the time it is implemented are to 
depart the zone.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by telephone number 410-576-2693 or on Marine Band Radio 
VHF-FM channel 16 (156.8 MHz). Those in the safety zone must comply 
with all lawful orders or directions given to them by the COTP or the 
COTP's designated representative.
    (d) Enforcement officials. The U.S. Coast Guard may be assisted in 
the patrol and enforcement of the safety zone by Federal, State, and 
local agencies.
    (e) Enforcement. This safety zone will be enforced during the 
period described in paragraph (f) of this section. A ``CABLE WORK--
DANGER--STAY AWAY'' sign facing the northern and southern approaches of 
the navigation channel will be posted on the sides of the marine 
equipment on-scene within the location described in paragraph (a) of 
this section.
    (f) Enforcement period. This section will be enforced daily January 
27, 2020, through February 3, 2020, from 6:00 a.m. until 10 p.m.

    Dated: December 12, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Sector Maryland--NCR.
[FR Doc. 2019-27153 Filed 12-16-19; 8:45 am]
BILLING CODE 9110-04-P