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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 [www.gpo.gov]
[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 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 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: http://www.navcen.uscg.gov.
    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 https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, 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 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).

[[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: 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 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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