[Federal Register Volume 89, Number 184 (Monday, September 23, 2024)]
[Rules and Regulations]
[Pages 77451-77453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21688]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0820]
RIN 1625-AA00


Safety Zone; Kernwood Avenue Bridge Repairs--Danvers River, 
Salem, MA, and Beverly, MA

AGENCY: Coast Guard, DHS.

ACTION: Temporary Interim Rule and request for comments.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters at mile 1.0 Danvers River, within a 100-yard radius of 
the center point of the Kernwood Avenue Bridge between Salem, MA and 
Beverly, MA. The temporary safety zone is necessary to protect 
personnel, vessels and the marine environment from potential hazards 
created during bridge repairs. When enforced, entry of vessels or 
persons into this zone is prohibited unless specifically authorized by 
the Captain of the Port Boston or a designated representative.

DATES: 
    Effective date: This rule is effective without actual notice from 
September 23, 2024 through 11:59 p.m. on December 31, 2024. For the 
purposes of enforcement, actual notice will be used from September 15, 
2024, until September 23, 2024.
    Comments due date: Comments and related material must be received 
by the Coast Guard on or before October 23, 2024.

ADDRESSES: You may submit comments identified by docket number USCG-
2024-0820 using the Federal e-Rulemaking Portal at http://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 
rulemaking, call or email Mr. Timothy Chase, Waterways Management 
Division, U.S. Coast Guard Sector Boston, telephone 617-447-1620, or 
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
NAD 83 North American Datum 1983
Sec.  Section
U.S.C. United States Code
MASSDOT Massachusetts Department of Transportation

II. Background Information and Regulatory History

    On August 28, 2024, the Massachusetts Department of Transportation 
(MassDOT) bridge division notified the Waterways Management Division of 
U. S. Coast Guard Sector Boston that operations to make repairs to the 
Kernwood Avenue Bridge, spanning the Danvers River between Salem, MA, 
and Beverly, MA, will begin September 15, 2024.
    The Coast Guard is issuing this temporary rule under the authority 
in 5 U.S.C. 553(b)(B). This statutory provision authorizes an agency to 
issue a rule without prior notice and opportunity to comment when the 
agency for good cause finds that those procedures are ``impracticable, 
unnecessary, or contrary to the public interest.'' The Coast Guard 
finds that good cause exists for not publishing a notice of proposed 
rulemaking (NPRM) with respect to this rule because the construction 
schedule for Kernwood Avenue Bridge was only recently finalized and 
prompt action is needed to respond to the potential safety hazards 
associated with this project. It is impracticable and contrary to the 
public interest to publish an NPRM because prompt action is needed to 
establish this safety zone by September 15, 2024, to allow for the 
timely repairs to the Kernwood Avenue Bridge and ensure the safety of 
mariners transiting the area from the dangers associated with the 
operations associated with these repairs.
    Also, 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. Delaying the effective date of 
this rule would be impracticable because prompt action is needed to 
ensure public safety during repair operations to the Kernwood Avenue 
Bridge.
    Although this regulation is published as an interim rule without 
prior notice, public comment is nevertheless desirable to ensure that 
the regulation is both workable and reasonable. Accordingly, persons 
wishing to comment may do so by submitting written comments as set out 
under ADDRESSES in this preamble. Commenters should include their names 
and addresses, identify the docket number for the regulation, and give 
reasons for their comments. If the Coast Guard determines that changes 
to the temporary interim rule are necessary, we will publish a 
temporary final rule or other appropriate document.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port Boston (COTP) has determined that 
potential hazards associated with bridge repair operations starting 
September 15, 2024, will be a safety concern for anyone within a 100-
yard radius of the center point of the Kernwood Avenue Bridge. This 
rule is needed to protect personnel, vessels, and the marine 
environment in the navigable waters within the safety zone while bridge 
repair operations are taking place.

IV. Discussion of Rule

    This rule establishes a safety zone from September 15, 2024, 
through 11:59 p.m. on December 31, 2024. While the safety zone will be 
effective through this period, it will only be enforced during active 
repair operations, when work barges and cranes will be placed in the 
narrow navigable channel, or other instances which may create a hazard 
to navigation. The active repair operations will take place during the 
overnight hours, from 9 p.m. through 5 a.m., Sunday through Thursday, 
when boating traffic is minimal.
    The safety zone will cover all navigable waters within a 100-yard 
radius of the center point of the MassDOT Kernwood Avenue Bridge, at 
mile 1.0, spanning the Danvers River, between Salem, MA, and Beverly, 
MA, in approximate position 42[deg]32'34.8'' N 70[deg]53'54.2'' W (NAD 
83). During times of enforcement, all persons or vessels will be 
prohibited from entering the safety zone without permission from the 
COTP or a designated representative.
    The Coast Guard will make notice of the safety zone via the Local 
Notice to Mariners and issue a Broadcast Notice to Mariners via marine 
channel 16 (VHF-FM) as soon as practicable in

[[Page 77452]]

response to an emergency or hazardous condition. In addition, if the 
project is completed before 11:59 p.m. on December 31, 2024, 
enforcement of the safety zone will be suspended, and notice given via 
Local Notice to Mariners. The First Coast Guard District Local Notice 
to Mariners can be found at: http://www.navcen.uscg.gov.

V. Regulatory Analyses

    We developed this 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 we 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. This rule has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on the size, 
location, duration, and time of year of the safety zone. Vessel traffic 
will not be able to safely transit around this safety zone when 
enforced. As a result, enforcement of the safety zone will be limited 
in duration during active repair operations, in the overnight hours, 
Sunday through Thursday, during the winter months when vessel traffic 
is minimal. Additionally, the Salem, Beverly, and Danvers Harbor 
Masters will be on scene during work hours to inform any potential 
vessels of the safety zone. The Coast Guard will make notice of this 
safety zone via the Local Notice to Mariners and issue a Broadcast 
Notice to Mariners via marine channel 16 (VHF-FM) as soon as 
practicable in response to an emergency or hazardous condition. This 
rule also allows vessels to seek permission to enter the zone.

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 rule 
will 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 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator because they are able to transit with 
permission from COTP or the COTP's designated representative.
    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 will 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.
    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.

C. Collection of Information

    This rule does 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 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 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.

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 
1969(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 the 
establishment of a temporary safety zone for the navigable waters 
within 100-yard radius of the center point of the MassDOT Kernwood 
Avenue Bridge, at mile 1.0, spanning the Danvers River between Salem, 
MA, and Beverly, MA, from September 15, 2024, through December 31, 
2024, during active repair operation on the bridge. The safety zone 
will only be enforced from 9 p.m. to 5 a.m. Sunday through Thursday, 
when work barges and cranes will be placed in the narrow navigable 
channel, or in response to an emergency or hazardous condition. It is 
categorically excluded from further review under paragraph L60(a) of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A 
Record of Environmental Consideration supporting this determination is 
available in the docket. For instructions on locating the docket, see 
the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER

[[Page 77453]]

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.

VI. 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. If we determine that changes to the temporary interim rule are 
necessary, the Coast Guard will publish a temporary final rule or other 
appropriate document. 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.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision-Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2024-0303 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this rule for alternate instructions.
    Viewing material in docket. To view documents mentioned in this 
temporary interim rule as being available in the docket, find the 
docket as described in the previous paragraph, and then select 
``Supporting & Related Material'' in the Document Type column. Public 
comments will also be placed in our online docket and can be viewed by 
following instructions on the https://www.regulations.gov Frequently 
Asked Questions web page. Also, if you click on the Dockets tab and 
then the temporary interim rule, you should see a ``Subscribe'' option 
for email alerts. The option will notify you when comments are posted, 
or a subsequent document is published.
    We review all comments received, but we will only post comments 
that address the topic of the rule. We may choose not to post off-
topic, inappropriate, or duplicate comments that we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

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:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T01-0820 to read as follows:


Sec.  165.T01-0820   Safety Zone; Kernwood Avenue Bridge Repairs--
Danvers River, Salem, MA, and Beverly, MA.

    (a) Location. The following area is a safety zone: all navigable 
waters within a 100-yard radius of the center point of the 
Massachusetts Department of Transportation (MassDOT) Kernwood Avenue 
Bridge, at mile 1.0 spanning the Danvers River between Salem, MA, and 
Beverly, MA, in approximate position 42[deg]32'34.8'' N 
70[deg]53'54.2'' W.
    (b) Enforcement period. The safety zone in paragraph (a) of this 
section is effective from September 15, 2024, through 11:59 p.m. on 
December 31, 2024. The section is subject to enforcement from 9 p.m. to 
5 a.m. Sunday through Thursday, or in response to an emergency or 
hazardous condition during this period. The Coast Guard will make 
notice of this safety zone via the Local Notice to Mariners and issue a 
Broadcast Notice to Mariners via marine channel 16 (VHF-FM) as soon as 
practicable in response to an emergency or hazardous condition. In 
addition, if the project is completed before 11:59 p.m. on December 31, 
2024, enforcement of the safety zone will be suspended, and notice 
given via Local Notice to Mariners. The First Coast Guard District 
Local Notice to Mariners can be found at: http://www.navcen.uscg.gov.
    (c) Definitions. As used in this section:
    (1) Designated representative means any Coast Guard commissioned, 
warrant, petty officer, or any federal, state, or local law enforcement 
officer who has been designated by the Captain of the Port Boston 
(COTP) to act on his or her behalf. The designated representative may 
be on an official patrol vessel or may be on shore and will communicate 
with vessels via VHF-FM radio or loudhailer. In addition, members of 
the Coast Guard Auxiliary may be present to inform vessel operators of 
this regulation.
    (2) Official patrol vessels mean any Coast Guard, Coast Guard 
Auxiliary, state, or local law enforcement vessels assigned or approved 
by the COTP to enforce this section.
    (d) Regulations. When this safety zone is enforced, the following 
regulations, along with those contained in 33 CFR 165.23 apply:
    (1) No person or vessel may enter or remain in the safety zone 
described in paragraph (a) of this section without the permission of 
the COTP or the COTP's designated representatives. Any person or vessel 
permitted to enter the safety zone must comply with the lawful 
directions and orders of the COTP or the COTP's designated 
representatives.
    (2) To seek permission to enter the safety zone, individuals may 
reach the COTP or a COTP-designated representative via Channel 16 (VHF-
FM) or (857) 416-3015 (Sector Boston Command Center).

J.J. Schock,
Commander, U.S. Coast Guard, Acting Captain of the Port Boston.
[FR Doc. 2024-21688 Filed 9-20-24; 8:45 am]
 BILLING CODE 9110-04-P