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

 
CONTENT
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]
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