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

Published date17 December 2019
Citation84 FR 68858
Record Number2019-27153
SectionProposed rules
CourtCoast Guard,Homeland Security Department
Federal Register, Volume 84 Issue 242 (Tuesday, December 17, 2019)
[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
                

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