Rule2024-31311
Safety Zone; Kernwood Avenue Bridge Repairs-Danvers River, Salem, MA, and Beverly, MA
Primary source
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Published
December 30, 2024
Effective
December 30, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is amending the current temporary safety zone in the vicinity of the Kernwood Avenue Bridge between Salem, MA and Beverly, MA. We are extending the effective period by 11 months to November 30, 2025, and are updating the enforcement schedule of the safety zone. The temporary safety zone is necessary to protect personnel, vessels, and the marine environment from potential hazards created during emergency bridge repairs. When enforced, entry of vessels or persons into this zone will be prohibited unless specifically authorized by the Captain of the Port Boston or a designated representative.
Full Text
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<title>Federal Register, Volume 89 Issue 249 (Monday, December 30, 2024)</title>
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[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Rules and Regulations]
[Pages 106325-106328]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-31311]
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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 amending the current temporary safety zone
in the vicinity of the Kernwood Avenue Bridge between Salem, MA and
Beverly, MA. We are extending the effective period by 11 months to
November 30, 2025, and are updating the enforcement schedule of the
safety zone. The temporary safety zone is necessary to protect
personnel, vessels, and the marine environment from potential hazards
created during emergency bridge repairs. When enforced, entry of
vessels or persons into this zone will be prohibited unless
specifically authorized by the Captain of the Port Boston or a
designated representative.
DATES: This rule is effective without actual notice from December 30,
2024 through 11:59 p.m. on November 30, 2025. For the purposes of
enforcement, actual notice will be used from December 20, 2024, until
December 30, 2024.
Comments and related material must be received by the Coast Guard
on or before March 31, 2025.
ADDRESSES: You may submit comments identified by docket number USCG-
2024-0820 using the Federal e-Rulemaking Portal at <a href="http://www.regulations.gov">http://www.regulations.gov</a>. 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 <a href="/cdn-cgi/l/email-protection#491d2024263d2130673e672a21283a2c093c3a2a2e67242025"><span class="__cf_email__" data-cfemail="cd99a4a0a2b9a5b4e3bae3aea5acbea88db8beaeaae3a0a4a1">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Boston
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
II. Background Information and Regulatory History
On November 21, 2024, the Massachusetts Department of
Transportation bridge division notified the Waterways Management
Division of U.S. Coast Guard Sector Boston that more extensive repair
operations need to be conducted to the Kernwood Avenue Bridge, spanning
the Danvers River between Salem, MA, and Beverly, MA, and are
anticipated to be completed by November 30, 2025. An earlier TIR
published on September 23, 2024, established the first safety zone
regulation for that waterway in 33 CFR 165.T01-0820 (89 FR 77451).
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
[[Page 106326]]
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
December 20, 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 the first regulation was published as an interim rule
without prior notice, public comment was nevertheless desirable to
ensure that the regulation is both workable and reasonable. No comments
were received during a 30-day comment period that ended October 23,
2024. Accordingly, an additional 90-day comment period for this
temporary interim rule will allow persons wishing to comment to 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 additional 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 continuing
through November 30, 2025, 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
The Coast Guard is making the following amendments to the current
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:
i. We are extending the effective period by 11 months to
accommodate more extensive repairs to the bridge. The existing safety
zone was effective until 11:59 p.m. December 31, 2024. The 11-month
extension will make the safety zone effective until 11:59 p.m. on
November 30, 2025.
ii. We are adjusting the enforcement of the safety zone. The
existing safety zone was subject to an enforcement schedule from 9 p.m.
to 5 a.m. Sunday through Thursday. With this rule we are moving away
from that schedule. The Coast Guard is establishing a safety zone from
December 20, 2024, through 11:59 p.m. on November 30, 2025. The safety
zone will be enforced only 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 in multiple phases which will be
announced in the Local Notice to Mariners. Additionally, each phase
will allow for bridge openings and transits through the regulated area
during repairs with advanced notification to the on-scene contractor.
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 enforcement period 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 response to an emergency or hazardous condition. In
addition, if the project is completed before 11:59 p.m. on November 30,
2025, 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: <a href="http://www.navcen.uscg.gov">http://www.navcen.uscg.gov</a>.
These amendments are being made to maintain safe navigation in the
project area and to prevent accidental or intentional damage to persons
or property on the work site.
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. When enforced, vessel traffic will not be able to
safely transit around this safety zone. As a result, to reduce the
regulator burden, with advance notice, vessels may request permission
from the on-scene contractor to safely transit the safety zone.
Enforcement of the safety zone will be limited in duration during
active repair operations, when work barges and cranes will be placed in
the narrow navigable channel. Additionally, the Salem, Beverly, and
Danvers Harbor Masters will be on scene during active repair operations
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. Again, 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.
[[Page 106327]]
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 amends a
previously created 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, in two ways. First, we are extending the effective
period by 11 months to November 30, 2025. Second, by updating the
schedule the safety zone is subject to enforcement to accommodate more
extensive repairs to the bridge. 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
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2024-0820 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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).
[[Page 106328]]
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. Revise and republish 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 December 20, 2024, through 11:59 p.m. on
November 30, 2025. The section is subject to enforcement only during
periods the navigable channel is restricted by the contractor's work
vessels, when the span cannot be mechanically operated, 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 November 30, 2025, 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: <a href="http://www.navcen.uscg.gov">http://www.navcen.uscg.gov</a>.
(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 this safety zone
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).
Dated: December 20, 2024.
J.C. Frederick,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2024-31311 Filed 12-27-24; 8:45 am]
BILLING CODE 9110-04-P
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