[Federal Register Volume 75, Number 81 (Wednesday, April 28, 2010)]
[Notices]
[Pages 22424-22431]
[FR Doc No: 2010-9785]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2009-0005]

Avalotis Corp.; Grant of a Permanent Variance

AGENCY: Occupational Safety and Health Administration (OSHA),
Department of Labor.

ACTION: Notice of a grant of a permanent variance.

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SUMMARY: This notice announces the grant of a permanent variance to
Avalotis Corp. (``the employer''). The permanent variance addresses the
provision that regulates the tackle used for boatswain's chairs (29 CFR
1926.452(o)(3)), as well as the provisions specified for personnel
hoists by paragraphs (c)(1) through (c)(4), (c)(8), (c)(13),
(c)(14)(i), and (c)(16) of 29 CFR 1926.552. As an alternative to
complying with these provisions, the employer may instead comply with
the conditions listed in this grant; these alternative conditions
regulate hoisting systems used during inside or outside chimney
construction to raise or lower workers in personnel cages, personnel
platforms, and boatswain's chairs between the bottom landing of a
chimney and an elevated work location. Accordingly, OSHA finds that
these alternative conditions protect workers at least as well as the
requirements

specified by 29 CFR 1926.452(o)(3) and 1926.552(c)(1) through (c)(4),
(c)(8), (c)(13), (c)(14)(i), and (c)(16). This permanent variance
applies in Federal OSHA enforcement jurisdictions, and in those States
with OSHA-approved State Plans covering private-sector employers that
have identical standards and agree to the terms of the variance.

DATES: The effective date of the permanent variance is April 28, 2010.

FOR FURTHER INFORMATION CONTACT: General information and press
inquiries. For general information and press inquiries about this
notice, contact Jennifer Ashley, Director, OSHA Office of
Communications, Room N-3647, U.S. Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210; telephone:<PHONE_NUMBER>.
    Technical information. For technical information about this notice,
contact MaryAnn Garrahan, Director, Office of Technical Programs and
Coordination Activities, Room N-3655, OSHA, U.S. Department of Labor,
200 Constitution Avenue, NW., Washington, DC 20210; telephone: (202)
693-2110; fax:<PHONE_NUMBER>.
    Copies of this Federal Register notice. Electronic copies of this
notice are available at http://www.regulations.gov. Electronic copies
of this notice, as well as news releases and other relevant
information, are available on OSHA's Web site at http://www.osha.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    In the past 36 years, a number of chimney construction companies
demonstrated to OSHA that several personnel hoist requirements (i.e.,
paragraphs (c)(1), (c)(2), (c)(3), (c)(4), (c)(8), (c)(13), (c)(14)(i),
and (c)(16) of 29 CFR 1926.552), as well as the tackle requirements for
boatswain's chairs (i.e., paragraph (o)(3) of 29 CFR 1926.452), result
in access problems that pose a serious danger to workers. These
companies requested permanent variances from these requirements, and
proposed alternative equipment and procedures to protect workers while
transporting them to and from their elevated worksites during chimney
construction and repair. The Agency subsequently granted these
companies permanent variances based on the proposed alternatives (see
38 FR 8545 (April 3, 1973), 44 FR 51352 (August 31, 1979), 50 FR 20145
(May 14, 1985), 50 FR 40627 (October 4, 1985), 52 FR 22552 (June 12,
1987), 68 FR 52961 (September 8, 2003), 70 FR 72659 (December 6, 2005),
71 FR 10557 (March 1, 2006), 72 FR 6002, 74 FR 34789 (July 17, 2009),
and 74 FR 41742 (August 18, 2009)).\1\
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    \1\ Zurn Industries, Inc. received two permanent variances from
OSHA. The first variance, granted on May 14, 1985 (50 FR 20145),
addressed the boatswain's-chair provision (then in paragraph (l)(5)
of 29 CFR 1926.451), as well as the hoist-platform requirements of
paragraphs (c)(1), (c)(2), (c)(3), and (c)(14)(i) of 29 CFR
1926.552. The second variance, granted on June 12, 1987 (52 FR
22552), includes these same paragraphs, as well as paragraphs
(c)(4), (c)(8), (c)(13), and (c)(16) of 29 CFR 1926.552.
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    Avalotis Corp. (``the employer'') applied for a permanent variance
from the same personnel hoist- and boatswain's-chair requirements as
the previous companies, and proposed as an alternative to these
requirements the same equipment and procedures approved by OSHA in the
earlier variances. The Agency published the employer's variance
applications in the Federal Register on November 9, 2009 (74 FR 57704).
    The employer constructs, remodels, repairs, maintains, inspects,
and demolishes tall chimneys made of reinforced concrete, brick, and
steel. This work, which occurs throughout the United States, requires
the employers to transport workers and construction material to and
from elevated work platforms and scaffolds located, respectively,
inside and outside tapered chimneys. While tapering contributes to the
stability of a chimney, it necessitates frequent relocation of, and
adjustments to, the work platforms and scaffolds so these structures
will fit the decreasing circumference of the chimney as construction
progresses upwards.
    To transport workers to various heights inside and outside a
chimney, the employer proposed in its variance application to use a
hoist system that lifts and lowers personnel-transport devices that
include personnel cages, personnel platforms, or boatswain's chairs. In
this regard, the employer proposed to use personnel cages, personnel
platforms, or boatswain's chairs solely to transport workers with the
tools and materials necessary to do their work, and not to transport
only materials or tools on these devices in the absence of workers. In
addition, the employer proposed to attach a hopper or concrete bucket
to the hoist system to raise or lower material inside or outside a
chimney.
    The employer also proposed to use a hoist engine, located and
controlled outside the chimney, to power the hoist system. The proposed
system consisted of a wire rope that: Spools off a winding drum (also
known as the hoist drum or rope drum) into the interior of the chimney;
passes to a footblock that redirects the rope from the horizontal to
the vertical planes; goes from the footblock through the overhead
sheaves above the elevated platform; and finally drops to the bottom
landing of the chimney where it connects to a personnel- or material-
transport device. A cathead, which is a superstructure at the top of
the system, supports the overhead sheaves. The overhead sheaves (and
the vertical span of the hoist system) move upward with the system as
chimney construction progresses. Two guide cables, suspended from the
cathead, eliminate swaying and rotation of the load. If the hoist rope
breaks, safety clamps activate and grip the guide cables to prevent the
load from falling. The employer proposed to use a headache ball,
located on the hoist rope directly above the load, to counterbalance
the rope's weight between the cathead sheaves and the footblock.
    Additional conditions that the employer proposed to follow to
improve worker safety included:
     Attaching the wire rope to the personnel cage using a
keyed-screwpin shackle or positive-locking link;
     Adding limit switches to the hoist system to prevent
overtravel by the personnel- or material-transport devices;
     Providing the safety factors and other precautions
required for personnel hoists specified by the pertinent provisions of
29 CFR 1926.552(c), including canopies and shields to protect workers
located in a personnel cage from material that may fall during hoisting
and other overhead activities;
     Providing falling-object protection for scaffold platforms
as specified by 29 CFR 1926.451(h)(1);
     Conducting tests and inspections of the hoist system as
required by 29 CFR 1926.20(b)(2) and 1926.552(c)(15);
     Establishing an accident-prevention program that conforms
to 29 CFR 1926.20(b)(3);
     Equipping workers who use a personnel cage, personnel
platform, or boatswain's chair with, and ensuring that they use,
personal fall arrest systems meeting the requirements of 29 CFR
1926.502(d);
     Ensuring that workers using a personnel cage secure their
personal fall arrest system to an attachment point located inside the
cage, and that workers using personnel platforms or boatswain's chairs
secure their personal fall arrest systems to a vertical lifeline;
     When using vertical lifelines, securing the lifelines to
the top of the chimney and weighting the lifelines properly, or
suitably affixing the lifelines to the bottom of the chimney, and
ensuring that workers remain attached to their lifeline during the
entire period of vertical transit;

     Providing instruction to each worker who uses a personnel
platform or boatswain's chair regarding the shearing and struck-by
hazards posed by the hoist system (e.g., work platforms, scaffolds),
and the need to keep their limbs or other body parts clear of these
hazards during hoisting operations;
     Providing the instruction on shearing and struck-by
hazards before a worker uses one of these personnel-transport devices
at the worksite; and periodically, and as necessary thereafter,
including whenever the worker demonstrates: a lack of knowledge about
the hazard or how to avoid it, a modification occurs to an existing
shearing hazard, or a new shearing hazard develops at the worksite;
     Attaching a readily visible warning to each personnel
platform and boatswain's chair notifying workers in a language they
understand of potential shearing hazards during hoisting operations;
for warnings located on personnel platforms, using the following (or
equivalent) wording: ``Warning--To avoid serious injury, keep your
hands, arms, feet, legs, and other parts of your body inside this
platform while it is in motion''; and for boatswain's chairs, the
warning uses the following (or equivalent) wording: ``Warning--To avoid
serious injury, do not extend your hands, arms, feet, legs, or other
parts of your body from the side or to the front of this chair while it
is in motion; and
     Establishing a clearly designated exclusion zone around
the hoist system's bottom landing and prohibiting any worker from
entering the exclusion zone except to access a personnel cage,
personnel platform, boatswain's chair, or material-transport device,
and then only when the personnel- and material- transport device is at
the bottom landing and not in operation.

II. Proposed Variance From 29 CFR 1926.452(o)(3)

    The employer noted in its variance request that it is necessary, on
occasion, to use a boatswain's chair to transport workers to and from a
bracket scaffold on the outside of an existing chimney during flue
installation or repair work, or to transport them to and from an
elevated scaffold located inside a chimney that has a tapering
diameter. Paragraph (o)(3) of 29 CFR 1926.452, which regulates the
tackle used to rig a boatswain's chair, states that this tackle must
``consist of correct size ball bearings or bushed blocks containing
safety hooks and properly `eye-spliced' minimum five-eighth (\5/8\)
inch diameter first-grade manila rope [or equivalent rope].''
    The primary purpose of this paragraph is to allow a worker to
safely control the ascent, descent, and stopping locations of the
boatswain's chair. However, the employer stated in its variance request
that, because of space limitations, the required tackle is difficult or
impossible to operate on some chimneys that are over 200 feet tall.
Therefore, as an alternative to complying with the tackle requirements
specified by 29 CFR 1926.452(o)(3), the employer proposed to use the
hoisting system described above in section I (``Background'') of this
notice to raise or lower workers in a personnel cage to work locations
both inside and outside a chimney. In addition, the employer proposed
to use a personnel cage for this purpose to the extent that adequate
space is available, and to use a personnel platform only when using a
personnel cage was infeasible because of limited space. When available
space makes using a personnel platform infeasible, the employer
proposed to use a boatswain's chair to lift workers to work locations.
The proposed variance limited use of the boatswain's chair to
elevations above the last work location that the personnel platform can
reach; under these conditions, the employer proposed to attach the
boatswain's chair directly to the hoisting cable only when the
structural arrangement precludes the safe use of the block and tackle
required by 29 CFR 1926.452(o)(3).

III. Proposed Variance From 29 CFR 1926.552(c)

    Paragraph (c) of 29 CFR 1926.552 specifies the requirements for
enclosed hoisting systems used to transport workers from one elevation
to another. This paragraph ensures that employers transport workers
safely to and from elevated work platforms by mechanical means during
the construction, alteration, repair, maintenance, or demolition of
structures such as chimneys. However, this standard does not provide
specific safety requirements for hoisting workers to and from elevated
work platforms and scaffolds in tapered chimneys; the tapered design
requires frequent relocation of, and adjustment to, the work platforms
and scaffolds. The space in a tapered chimney is not large enough or
configured so that it can accommodate an enclosed hoist tower.
Moreover, using an enclosed hoist tower for outside operations exposes
workers to additional fall hazards because they need to install extra
bridging and bracing to support a walkway between the hoist tower and
the tapered chimney.
    Paragraph (c)(1) of 29 CFR 1926.552 requires employers to enclose
hoist towers located outside a chimney on the side or sides used for
entrance to, and exit from, the chimney; these enclosures must extend
the full height of the hoist tower. The employer asserted in its
proposed variance that it is impractical and hazardous to locate a
hoist tower outside tapered chimneys because it becomes increasingly
difficult, as a chimney rises, to erect, guy, and brace a hoist tower;
under these conditions, access from the hoist tower to the chimney or
to the movable scaffolds used in constructing the chimney exposes
workers to a serious fall hazard. Additionally, the employer noted that
the requirement to extend the enclosures 10 feet above the outside
scaffolds often exposes the workers involved in building these
extensions to dangerous wind conditions.
    Paragraph (c)(2) of 29 CFR 1926.552 requires that employers enclose
all four sides of a hoist tower even when the tower is located inside a
chimney; the enclosure must extend the full height of the tower. In the
proposed variance, the employer contended that it is hazardous for
workers to erect and brace a hoist tower inside a chimney, especially
tapered chimneys or chimneys with sublevels, because these structures
have limited space and cannot accommodate hoist towers; space
limitations result from chimney design (e.g., tapering), as well as
reinforced steel projecting into the chimney from formwork that is near
the work location.
    As an alternative to complying with the hoist-tower requirements of
29 CFR 1926.552(c)(1) and (c)(2), the employer proposed to use the
hoist system discussed in section I (``Background'') of this notice to
transport workers to and from work locations inside and outside
chimneys. The employer claimed that this hoist system would make it
unnecessary for it to comply with other provisions of 29 CFR
1926.552(c) that specify requirements for hoist towers, including:
     (c)(3)--Anchoring the hoist tower to a structure;
     (c)(4)-Hoistway doors or gates;
     (c)(8)--Electrically interlocking entrance doors or gates
that prevent hoist movement when the doors or gates are open;
     (c)(13)--Emergency stop switch located in the car;
     (c)(14)(i)--Using a minimum of two wire ropes for drum-
type hoisting; and
     (c)(16)--Construction specifications for personnel hoists,
including materials assembly, structural integrity, and safety devices.

    The employer asserted that the proposed hoisting system protected
workers at least as effectively as the personnel-hoist requirements of
29 CFR 1926.552(c).

IV. Comments on the Proposed Variance

    OSHA received no comments on the proposed variance, including no
comments from State-Plan States and Territories.

V. Multi-State Variance

    The variance applications stated that the employers perform chimney
work in a number of geographic locations in the United States, some of
which could include locations in one or more of the States and
Territories that operate OSHA-approved safety and health programs under
section 18 of the Occupational Safety and Health Act of 1970 (``State-
Plan States and Territories''; see 29 U.S.C. 651 et seq.). State-Plan
States and Territories have primary enforcement responsibility over the
work performed in those States and Territories. Under the provisions of
29 CFR 1952.9 (``Variances affecting multi-state employers'') and 29
CFR 1905.14(b)(3) (``Actions on applications''), a permanent variance
granted by the Agency becomes effective in State-Plan States and
Territories as an authoritative interpretation of the applicants'
compliance obligation when: (1) The relevant standards are the same as
the Federal OSHA standards from which the applicants are seeking the
permanent variance; and (2) the State-Plan State or Territory does not
object to the terms of the variance application.
    As noted in the previous section of this notice (section IV
(``Comments on the Proposed Variance'')), OSHA received no comments on
the variance application published in the Federal Register from any
State-Plan State or Territory. However, several State-Plan States and
Territories commented on earlier variance applications published in the
Federal Register involving the same standards and submitted by other
employers engaged in chimney construction and repair; OSHA is relying
on these previous comments to determine the position of these State-
Plan States and Territories on the variance applications submitted by
the present employers.\2\ The remaining paragraphs in this section
provide a summary of the positions taken by the State-Plan States and
Territories on the proposed alternative conditions.
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    \2\ See 68 FR 52961 (Oak Park Chimney Corp. and American Boiler
& Chimney Co.), 70 FR 72659 (International Chimney Corporation,
Karrena International, LLC, and Matrix Service Industrial
Contractors, Inc.), and 71 FR 10557 (Commonwealth Dynamics, Inc.,
Mid-Atlantic Boiler & Chimney, Inc., and R and P Industrial Chimney
Co., Inc.).
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    The following thirteen State-Plan States and one Territory have
standards identical to the Federal OSHA standards and agreed to accept
the alternative conditions: Alaska, Arizona, Indiana, Maryland,
Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico,
Tennessee, Vermont, Virginia, and Wyoming. Of the remaining 13 States
and Territories with OSHA-approved State plans, four of the States and
one Territory (Connecticut, Illinois, New Jersey, New York, and the
Virgin Islands) cover only public-sector workers and have no authority
over the private-sector workers addressed in this variance application
(i.e., that authority continues to reside with Federal OSHA).
    Four States (Kentucky, Michigan, South Carolina, and Utah) accepted
the proposed alternative when specific additional requirements are
fulfilled. Kentucky noted that, while it agreed with the terms of the
variance, Kentucky statutory law requires affected employers to apply
to the State for a State variance. Michigan agreed to the alternative
conditions, but noted that its standards are not identical to the OSHA
standards covered by the variance application. Therefore, Michigan
cautioned that employers electing to use the variance in that State
must comply with several provisions in the Michigan standards that are
not addressed in the OSHA standard. South Carolina indicated that it
would accept the alternative conditions, but noted that, for the grant
of such a variance to be accepted by the South Carolina Commissioner of
Labor, the employers must file the grant at the Commissioner's office
in Columbia, South Carolina. Utah agreed to accept the Federal
variance, but requires the employers to contact the Occupational Safety
and Health Division, Labor Commission of Utah, regarding a procedural
formality that must be completed before implementing the variance in
that State.
    California, Hawaii, Iowa, and Washington either had different
requirements in the affected standards or declined to accept the terms
of the variance. Therefore, the employers must apply separately for a
permanent variance from these four States.
    Based on the responses previously received from State-Plan States
and Territories, the permanent Federal OSHA variance will be effective
in the following thirteen State-Plan States and one Territory: Alaska,
Arizona, Indiana, Maryland, Minnesota, Nevada, New Mexico, North
Carolina, Oregon, Puerto Rico, Tennessee, Virginia, Vermont, and
Wyoming; and in four additional states, Kentucky, Michigan, South
Carolina, and Utah, when the employers meet specific additional
requirements. However, this permanent variance does not apply in
California, Hawaii, Iowa, and Washington State. As stated earlier, in
the four States and one Territory (Connecticut, Illinois, New Jersey,
New York, and the Virgin Islands) that have State-Plan programs that
cover only public-sector workers, authority over the employers under
the permanent variance continues to reside with Federal OSHA.

VI. Decision

    Avalotis Corp. seeks a permanent variance from the provision that
regulates the tackle used for boatswain's chairs (29 CFR
1926.452(o)(3)), as well as the provisions specified for personnel
hoists by paragraphs (c)(1) through (c)(4), (c)(8), (c)(13),
(c)(14)(i), and (c)(16) of 29 CFR 1926.552. Paragraph (o)(3) of 29 CFR
1926.452 states that the tackle used for boatswain's chairs must
``consist of correct size ball bearings or bushed blocks containing
safety hooks and properly `eye-spliced' minimum five-eighth (\5/8\)
inch diameter first-grade manila rope [or equivalent rope].'' The
primary purpose of this provision is to allow a worker to safely
control the ascent, descent, and stopping locations of the boatswain's
chair. The proposed alternative to these requirements allows the
employer to use a boatswain's chair to lift workers to work locations
inside and outside a chimney when either a personnel cage or a
personnel platform is infeasible. The employer proposed to attach the
boatswain's chair to the hoisting system described as an alternative to
paragraph (c) of 29 CFR 1926.552.
    Paragraph (c) of 29 CFR 1926.552 specifies the requirements for
enclosed hoisting systems used to transport personnel from one
elevation to another. This paragraph ensures that employers transport
workers safely to and from elevated work platforms by mechanical means
during construction work involving structures such as chimneys. In this
regard, paragraph (c)(1) of 29 CFR 1926.552 requires employers to
enclose hoist towers located outside a chimney on the side or sides
used for entrance to, and exit from, the structure; these enclosures
must extend the full height of the hoist tower. Under the requirements
of paragraph (c)(2) of 29 CFR 1926.552, employers must enclose all four
sides of a hoist tower located inside a chimney; these enclosures also
must extend the full height of the tower.

    As an alternative to complying with the hoist-tower requirements of
29 CFR 1926.552(c)(1) and (c)(2), the employer proposed to use a hoist
system to transport workers to and from elevated work locations inside
and outside chimneys. The proposed hoist system includes a hoist
machine, cage, safety cables, and safety measures such as limit
switches to prevent overrun of the cage at the top and bottom landings,
and safety clamps that grip the safety cables if the main hoist line
fails. To transport workers to and from elevated work locations, the
employer proposed to attach a personnel cage to the hoist system.
However, when the employer can demonstrate that adequate space is not
available for the cage, it may use a personnel platform above the last
worksite that the cage can reach. Further, when the employer shows that
space limitations make it infeasible to use a work platform for
transporting workers, it may use a boatswain's chair above the last
worksite serviced by the personnel platform. Using the hoist system as
an alternative to the hoist-tower requirements of 29 CFR 1926.552(c)(1)
and (c)(2) eliminates the need to comply with the other provisions of
29 CFR 1926.552(c) that specify requirements for hoist towers.
Accordingly, the employer requested a permanent variance from these and
related provisions (i.e., paragraphs (c)(3), (c)(4), (c)(8), (c)(13),
(c)(14)(i), and (c)(16)).
    Under section 6(d) of the Occupational Safety and Health Act of
1970 (29 U.S.C. 655), and based on the record discussed above, the
Agency finds that when the employer complies with the conditions of the
following order, the working conditions of the employer's workers will
be at least as safe and healthful as if the employers complied with the
working conditions specified by paragraph (o)(3) of 29 CFR 1926.452,
and paragraphs (c)(1) through (c)(4), (c)(8), (c)(13), (c)(14)(i), and
(c)(16) of 29 CFR 1926.552. This decision is applicable in all States
under Federal OSHA enforcement jurisdiction, and in the 13 State-Plan
States and one Territory with standards identical to the Federal
standards (Alaska, Arizona, Indiana, Maryland, Minnesota, Nevada, New
Mexico, North Carolina, Oregon, Puerto Rico, Tennessee, Virginia,
Vermont, and Wyoming). In Kentucky, Michigan, South Carolina and Utah,
the employers must meet additional conditions before this variance will
apply in those States. This decision does not apply in California,
Hawaii, Iowa, and Washington.

VII. Order

    OSHA issues this order authorizing Avalotis Corp. (``the
employer'') to comply with the following conditions instead of
complying with paragraph (o)(3) of 29 CFR 1926.452 and paragraphs
(c)(1) through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29
CFR 1926.552. This order applies in Federal OSHA enforcement
jurisdictions, and in those States with OSHA-approved State plans that
have identical standards and have agreed to the terms of the variance.

1. Scope of the Permanent Variance

    (a) This permanent variance applies only to tapered chimneys when
the employer uses a hoist system during inside or outside chimney
construction to raise or lower its workers between the bottom landing
of a chimney and an elevated work location on the inside or outside
surface of the chimney.
    (b) When using a hoist system as specified in this permanent
variance, the employer must:
    (i) Use the personnel cages, personnel platforms, or boatswain's
chairs raised and lowered by the hoist system solely to transport
workers with the tools and materials necessary to do their work; and
    (ii) Attach a hopper or concrete bucket to the hoist system to
raise and lower all other materials and tools inside or outside a
chimney.
    (c) Except for the requirements specified by 29 CFR 1926.452 (o)(3)
and 1926.552(c)(1) through (c)(4), (c)(8), (c)(13), (c)(14)(i), and
(c)(16), the employer must comply fully with all other applicable
provisions of 29 CFR parts 1910 and 1926.

2. Replacing a Personnel Cage With a Personnel Platform or a
Boatswain's Chair

    (a) Personnel platform. When the employer demonstrates that
available space makes a personnel cage for transporting workers
infeasible, it may replace the personnel cage with a personnel platform
when it limits use of the personnel platform to elevations above the
last work location that the personnel cage can reach.
    (b) Boatswain's chair. The employer must:
    (i) Before using a boatswain's chair, demonstrate that available
space makes it infeasible to use a personnel platform for transporting
workers;
    (ii) Limit use of a boatswain's chair to elevations above the last
work location that the personnel platform can reach; and
    (iii) Use a boatswain's chair in accordance with block-and-tackle
requirements specified by 29 CFR 1926.452(o)(3), unless the employer
can demonstrate that the structural arrangement of the chimney
precludes such use.

3. Qualified Competent Person

    (a) The employer must:
    (i) Provide a qualified competent person, as specified in
paragraphs (f) and (m) of 29 CFR 1926.32, who is responsible for
ensuring that the design, maintenance, and inspection of the hoist
system comply with the conditions of this grant and with the
appropriate requirements of 29 CFR part 1926 (``Safety and Health
Regulations for Construction''); and
    (ii) Ensure that the qualified competent person is present at
ground level to assist in an emergency whenever the hoist system is
raising or lowering workers.
    (b) The employer must use a qualified competent person to design
and maintain the cathead described under Condition 8 (``Cathead and
Sheave''), below.

4. Hoist Machine

    (a) Type of hoist. The employer must designate the hoist machine as
a portable personnel hoist.
    (b) Raising or lowering a transport. The employer must ensure that:
    (i) The hoist machine includes a base-mounted drum hoist designed
to control line speed; and
    (ii) Whenever the employer raises or lowers a personnel or material
hoist (e.g., a personnel cage, personnel platform, boatswain's chair,
hopper, concrete bucket) using the hoist system:
    (A) The drive components are engaged continuously when an empty or
occupied transport is being lowered (i.e., no ``freewheeling'');
    (B) The drive system is interconnected, on a continuous basis,
through a torque converter, mechanical coupling, or an equivalent
coupling (e.g., electronic controller, fluid clutches, hydraulic
drives).
    (C) The braking mechanism is applied automatically when the
transmission is in the neutral position and a forward-reverse coupling
or shifting transmission is being used; and
    (D) No belts are used between the power source and the winding
drum.
    (c) Power source. The employer must power the hoist machine by an
air, electric, hydraulic, or internal-combustion drive mechanism.
    (d) Constant-pressure control switch. The employer must:
    (i) Equip the hoist machine with a hand- or foot-operated constant-
pressure control switch (i.e., a ``deadman control

switch'') that stops the hoist immediately upon release; and
    (ii) Protect the control switch to prevent it from activating if
the hoist machine is struck by a falling or moving object.
    (e) Line-speed indicator. The employer must:
    (i) Equip the hoist machine with an operating line-speed indicator
maintained in good working order; and
    (ii) Ensure that the line-speed indicator is in clear view of the
hoist operator during hoisting operations.
    (f) Braking systems. The employer must equip the hoist machine with
two (2) independent braking systems (i.e., one automatic and one
manual) located on the winding side of the clutch or couplings, with
each braking system being capable of stopping and holding 150 percent
of the maximum rated load.
    (g) Slack-rope switch. The employer must equip the hoist machine
with a slack-rope switch to prevent rotation of the winding drum under
slack-rope conditions.
    (h) Frame. The employer must ensure that the frame of the hoist
machine is a self-supporting, rigid, welded-steel structure, and that
holding brackets for anchor lines and legs for anchor bolts are
integral components of the frame.
    (i) Stability. The employer must secure hoist machines in position
to prevent movement, shifting, or dislodgement.
    (j) Location. The employer must:
    (i) Locate the hoist machine far enough from the footblock to
obtain the correct fleet angle for proper spooling of the cable on the
drum; and
    (ii) Ensure that the fleet angle remains between one-half degree
(\1/2\[deg]) and one and one-half degrees (1\1/2\[deg]) for smooth
drums, and between one-half degree (\1/2\[deg]) and two degrees
(2[deg]) for grooved drums, with the lead sheave centered on the
drum.\3\
---------------------------------------------------------------------------

    \3\ This variance adopts the definition of, and specifications
for, fleet angle from Cranes and Derricks, H. I. Shapiro, et al.
(eds.); New York: McGraw-Hill; 3rd ed., 1999, page 592. Accordingly,
the fleet angle is ``[t]he angle the rope leading onto a [winding]
drum makes with the line perpendicular to the drum rotating axis
when the lead rope is making a wrap against the flange.''
---------------------------------------------------------------------------

    (k) Drum and flange diameter. The employer must:
    (i) Provide a winding drum for the hoist that is at least 30 times
the diameter of the rope used for hoisting; and
    (ii) Ensure that the winding drum has a flange diameter that is at
least one and one-half (1\1/2\) times the winding-drum diameter.
    (l) Spooling of the rope. The employer must never spool the rope
closer than two (2) inches (5.1 cm) from the outer edge of the winding-
drum flange.
    (m) Electrical system. The employer must ensure that all electrical
equipment is weatherproof.
    (n) Limit switches. The employer must equip the hoist system with
limit switches and related equipment that automatically prevent
overtravel of a personnel cage, personnel platform, boatswain's chair,
or material-transport device at the top of the supporting structure and
at the bottom of the hoistway or lowest landing level.

5. Methods of Operation

    (a) Employee qualifications and training. The employer must:
    (i) Ensure that only trained and experienced workers, who are
knowledgeable of hoist-system operations, control the hoist machine;
and
    (ii) Provide instruction, periodically, and as necessary, on how to
operate the hoist system, to each worker who uses a personnel cage for
transportation.
    (b) Speed limitations. The employer must not operate the hoist at a
speed in excess of:
    (i) Two hundred and fifty (250) feet (76.9 m) per minute when a
personnel cage is being used to transport workers;
    (ii) One hundred (100) feet (30.5 m) per minute when a personnel
platform or boatswain's chair is being used to transport workers; or
    (iii) A line speed that is consistent with the design limitations
of the system when only material is being hoisted.
    (c) Communication. The employer must:
    (i) Use a voice-mediated intercommunication system to maintain
communication between the hoist operator and the workers located in or
on a moving personnel cage, personnel platform, or boatswain's chair;
    (ii) Stop hoisting if, for any reason, the communication system
fails to operate effectively; and
    (iii) Resume hoisting only when the site superintendent determines
that it is safe to do so.

6. Hoist Rope

    (a) Grade. The employer must use a wire rope for the hoist system
(i.e., ``hoist rope'') that consists of extra-improved plow steel, an
equivalent grade of non-rotating rope, or a regular lay rope with a
suitable swivel mechanism.
    (b) Safety factor. The employer must maintain a safety factor of at
least eight (8) times the safe workload throughout the entire length of
hoist rope.
    (c) Size. The employer must use a hoist rope that is at least one-
half (\1/2\) inch (1.3 cm) in diameter.
    (d) Inspection, removal, and replacement. The employer must:
    (i) Thoroughly inspect the hoist rope before the start of each job
and on completing a new setup;
    (ii) Maintain the proper diameter-to-diameter ratios between the
hoist rope and the footblock and the sheave by inspecting the wire rope
regularly (see Conditions 7(c) and 8(d), below); and
    (iii) Remove and replace the wire rope with new wire rope when any
of the conditions specified by 29 CFR 1926.552(a)(3) occurs.
    (e) Attachments. The employer must attach the rope to a personnel
cage, personnel platform, or boatswain's chair with a keyed-screwpin
shackle or positive-locking link.
    (f) Wire-rope fastenings. When the employer uses clip fastenings
(e.g., U-bolt wire-rope clips) with wire ropes, it must:
    (i) Use Table H-20 of 29 CFR 1926.251 to determine the number and
spacing of clips;
    (ii) Use at least three (3) drop-forged clips at each fastening;
    (iii) Install the clips with the ``U'' of the clips on the dead end
of the rope; and
    (iv) Space the clips so that the distance between them is six (6)
times the diameter of the rope.

7. Footblock

    (a) Type of block. The employer must use a footblock:
    (i) Consisting of construction-type blocks of solid single-piece
bail with a safety factor that is at least four (4) times the safe
workload, or an equivalent block with roller bearings;
    (ii) Designed for the applied loading, size, and type of wire rope
used for hoisting;
    (iii) Designed with a guard that contains the wire rope within the
sheave groove;
    (iv) Bolted rigidly to the base; and
    (v) Designed and installed so that it turns the moving wire rope to
and from the horizontal or vertical direction as required by the
direction of rope travel.
    (b) Directional change. The employer must ensure that the angle of
change in the hoist rope from the horizontal to the vertical direction
at the footblock is approximately 90[deg].
    (c) Diameter. The employer must ensure that the line diameter of
the footblock is at least 24 times the diameter of the hoist rope.

8. Cathead and Sheave

    (a) Support. The employer must use a cathead (i.e., ``overhead
support'') that

consists of a wide-flange beam, or two (2) steel-channel sections
securely bolted back-to-back to prevent spreading.
    (b) Installation. The employer must ensure that:
    (i) All sheaves revolve on shafts that rotate on bearings; and
    (ii) The bearings are mounted securely to maintain the proper
bearing position at all times.
    (c) Rope guides. The employer must provide each sheave with
appropriate rope guides to prevent the hoist rope from leaving the
sheave grooves when the rope vibrates or swings abnormally.
    (d) Diameter. The employer must use a sheave with a diameter that
is at least 24 times the diameter of the hoist rope.

9. Guide Ropes

    (a) Number and construction. The employer must affix two (2) guide
ropes by swivels to the cathead. The guide ropes must:
    (i) Consist of steel safety cables not less than one-half (\1/2\)
inch (1.3 cm) in diameter; and
    (ii) Be free of damage or defects at all times.
    (b) Guide rope fastening and alignment tension. The employer must
fasten one end of each guide rope securely to the overhead support,
with appropriate tension applied at the foundation.
    (c) Height. The employer must rig the guide ropes along the entire
height of the hoist-machine structure.

10. Personnel Cage

    (a) Construction. A personnel cage must be of steel-frame
construction and capable of supporting a load that is four (4) times
its maximum rated load capacity. The employer also must ensure that the
personnel cage has:
    (i) A top and sides that are permanently enclosed (except for the
entrance and exit);
    (ii) A floor securely fastened in place;
    (iii) Walls that consist of 14-gauge, one-half (\1/2\) inch (1.3
cm) expanded metal mesh, or an equivalent material;
    (iv) Walls that cover the full height of the personnel cage between
the floor and the overhead covering;
    (v) A sloped roof constructed of one-eighth (\1/8\) inch (0.3 cm)
aluminum, or an equivalent material;
    (vi) Safe handholds (e.g., rope grips--but not rails or hard
protrusions \4\) that accommodate each occupant; and
---------------------------------------------------------------------------

    \4\ To reduce impact hazards should workers lose their balance
because of cage movement.
---------------------------------------------------------------------------

    (vii) Attachment points to which workers secure their personal fall
protection systems.
    (b) Overhead weight. A personnel cage must have an overhead weight
(e.g., a headache ball of appropriate weight) to compensate for the
weight of the hoist rope between the cathead and the footblock. In
addition, the employer must:
    (i) Ensure that the overhead weight is capable of preventing line
run; and
    (ii) Use a means to restrain the movement of the overhead weight so
that the weight does not interfere with safe personnel hoisting.
    (c) Gate. The personnel cage must have a gate that:
    (i) Guards the full height of the entrance opening; and
    (ii) Has a functioning mechanical lock that prevents accidental
opening.
    (d) Operating procedures. The employer must post the procedures for
operating the personnel cage conspicuously at the hoist operator's
station.
    (e) Capacity. The employer must:
    (i) Hoist no more than four (4) occupants in the cage at any one
time; and
    (ii) Ensure that the rated load capacity of the cage is at least
250 pounds (113.4 kg) for each occupant so hoisted.
    (f) Worker notification. The employer must post a sign in each
personnel cage notifying workers of the following conditions:
    (i) The standard rated load, as determined by the initial static
drop test specified by Condition 10(g) (``Static drop tests''), below;
and
    (ii) The reduced rated load for the specific job.
    (g) Static drop tests. The employer must:
    (i) Conduct static drop tests of each personnel cage that comply
with the definition of ``static drop test'' specified by section 3
(``Definitions'') and the static drop test procedures provided in
section 13 (``Inspections and Tests'') of American National Standards
Institute (ANSI) standard A10.22-1990 (R1998) (``American National
Standard for Rope-Guided and Non-guided Worker's Hoists--Safety
Requirements'');
    (ii) Perform the initial static drop test at 125 percent of the
maximum rated load of the personnel cage, and subsequent drop tests at
no less than 100 percent of its maximum rated load; and
    (iii) Use a personnel cage for raising or lowering workers only
when no damage occurred to the components of the cage as a result of
the static drop tests.

11. Safety Clamps

    (a) Fit to the guide ropes. The employer must:
    (i) Fit appropriately designed and constructed safety clamps to the
guide ropes; and
    (ii) Ensure that the safety clamps do not damage the guide ropes
when in use.
    (b) Attach to the personnel cage. The employer must attach safety
clamps to each personnel cage for gripping the guide ropes.
    (c) Operation. The safety clamps attached to the personnel cage
must:
    (i) Operate on the ``broken rope principle'' defined in section 3
(``Definitions'') of ANSI standard A10.22-1990 (R1998);
    (ii) Be capable of stopping and holding a personnel cage that is
carrying 100 percent of its maximum rated load and traveling at its
maximum allowable speed if the hoist rope breaks at the footblock; and
    (iii) Use a pre-determined and pre-set clamping force (i.e., the
``spring compression force'') for each hoist system.
    (d) Maintenance. The employer must keep the safety clamp assemblies
clean and functional at all times.

12. Overhead Protection

    (a) The employer must install a canopy or shield over the top of
the personnel cage that is made of steel plate at least three-
sixteenths (3/16) of an inch (4.763 mm) thick, or material of
equivalent strength and impact resistance, to protect workers (i.e.,
both inside and outside the chimney) from material and debris that may
fall from above.
    (b) The employer must ensure that the canopy or shield slopes to
the outside of the personnel cage.\5\
---------------------------------------------------------------------------

    \5\ Paragraphs (a) and (b) were adapted from OSHA's Underground
Construction standard (29 CFR 1926.800(t)(4)(iv)).
---------------------------------------------------------------------------

13. Emergency-Escape Device

    (a) Location. The employer must provide an emergency-escape device
in at least one of the following locations:
    (i) In the personnel cage, provided that the device is long enough
to reach the bottom landing from the highest possible escape point; or
    (ii) At the bottom landing, provided that a means is available in
the personnel cage for the occupants to raise the device to the highest
possible escape point.
    (b) Operating instructions. The employer must ensure that written
instructions for operating the emergency-escape device are attached to
the device.
    (c) Training. The employer must instruct each worker who uses a

personnel cage for transportation on how to operate the emergency-
escape device:
    (i) Before the worker uses a personnel cage for transportation; and
    (ii) Periodically, and as necessary, thereafter.

14. Personnel Platforms

    (a) Personnel platforms. When the employer elects to replace the
personnel cage with a personnel platform in accordance with Condition
2(a) of this variance, it must:
    (i) Ensure that an enclosure surrounds the platform, and that this
enclosure is at least 42 inches (106.7 cm) above the platform's floor;
    (ii) Provide overhead protection when an overhead hazard is, or
could be, present; and
    (iii) Comply with the applicable scaffolding strength requirements
specified by 29 CFR 1926.451(a)(1).

15. Protecting Workers From Fall and Shearing Hazards

    (a) Fall hazards. The employer must:
    (i) Before workers use personnel cages, personnel platforms, or
boatswain's chairs, equip the workers with, and ensure that they use,
personal fall arrest systems that meet the requirements of 29 CFR
1926.502(d);
    (ii) Ensure that workers using personnel cages secure their fall
arrest systems to attachment points located inside the cage;
    (iii) Ensure that workers using personnel platforms and boatswain's
chairs secure their personal fall arrest systems to a vertical
lifeline; and
    (iv) When using vertical lifelines:
    (A) Secure the lifelines to the top of the chimney;
    (B) Weight the lifelines properly, or suitably affix the lifelines
to the bottom of the chimney; and
    (C) Ensure that workers remain attached to their lifeline during
the entire period of vertical transit.
    (b) Shearing hazards. The employer must:
    (i) Provide workers who use personnel platforms or boatswain's
chairs with instruction on the shearing hazards posed by the hoist
system (e.g., work platforms, scaffolds), and the need to keep their
limbs or other body parts clear of these hazards during hoisting
operations;
    (ii) Provide the instruction on shearing and struck-by hazards:
    (A) Before a worker uses a personnel platform or boatswain's chair
at the worksite; and
    (B) Periodically, and as necessary, thereafter, including whenever
a worker demonstrates a lack of knowledge about the hazards or how to
avoid the hazards, a modification occurs to an existing shearing or
struck-by hazard, or a new shearing or struck-by hazard develops at the
worksite; and
    (iii) Attach a readily visible warning to each personnel platform
and boatswain's chair notifying workers in a language they understand
of potential shearing hazards they may encounter during hoisting
operations, and that uses the following (or equivalent) wording:
    (A) For personnel platforms: ``Warning--To avoid serious injury,
keep your hands, arms, feet, legs, and other parts of your body inside
this platform while it is in motion''; and
    (B) For boatswain's chairs: ``Warning--To avoid serious injury, do
not extend your hands, arms, feet, legs, or other parts your body from
the side or to the front of this chair while it is in motion.''

16. Exclusion Zone

    The employer must:
    (a) Establish a clearly designated exclusion zone around the bottom
landing of the hoist system; and
    (b) Prohibit any worker from entering the exclusion zone except to
access a personnel- or material-transport device, and then only when
the device is at the bottom landing and not in operation (i.e., when
the drive components of the hoist machine are disengaged and the
braking mechanism is properly applied).

17. Inspections, Tests, and Accident Prevention

    (a) The employer must:
    (i) Conduct inspections of the hoist system as required by 29 CFR
1926.20(b)(2);
    (ii) Ensure that a competent person conducts daily visual
inspections of the hoist system; and
    (iii) Inspect and test the hoist system as specified by 29 CFR
1926.552(c)(15).
    (b) The employer must comply with the accident-prevention
requirements of 29 CFR 1926.20(b)(3).

18. Welding

    (a) The employer must use only qualified welders to weld components
of the hoisting system.
    (b) The employer must ensure that the qualified welders:
    (i) Are familiar with the weld grades, types, and materials
specified in the design of the system; and
    (ii) Perform the welding tasks in accordance with 29 CFR 1926,
subpart J (``Welding and Cutting'').

19. OSHA Notification

    (a) At least 15 calendar days prior to commencing any chimney
construction operation using the conditions specified herein, the
employer must notify the OSHA Area Office nearest to the worksite, or
the appropriate State Plan Office, of the operation, including the
location of the operation and the date that the operation will
commence.
    (b) The employer must inform OSHA national headquarters as soon as
it has knowledge that it will:
    (i) Cease to do business; or
    (ii) Transfer the activities covered by this permanent variance to
a successor company.

VIII. Authority and Signature

    David Michaels, PhD, MPH, Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, 200
Constitution Ave., NW., Washington, DC, directed the preparation of
this notice. OSHA is issuing this notice under the authority specified
by Section 6(d) of the Occupational Safety and Health Act of 1970 (29
U.S.C. 655), Secretary of Labor's Order No. 5-2007 (72 FR 31160), and
29 CFR part 1905.

    Signed at Washington, DC, on April 22, 2010.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2010-9785 Filed 4-27-10; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 78, Number 104 (Thursday, May 30, 2013)]
[Notices]
[Pages 32383-32384]
[FR Doc No: 2013-12806]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-3168-006; ER13-821-002.
    Applicants: ArcLight Energy Marketing, LLC, Scrubgrass Generating
Company, L.P.
    Description: Notice of Non-Material Change in Status of ArcLight
Energy Marketing, LLC, et. al.
    Filed Date: 5/22/13.
    Accession Number: 20130522-5067.
    Comments Due: 5 p.m. ET 6/12/13.

    Docket Numbers: ER13-62-001.
    Applicants: NorthWestern Corporation.
    Description: NorthWestern Corporation submits Request for Partial
Waiver and Extension of Time to Submit Compliance Filing.
    Filed Date: 5/20/13.
    Accession Number: 20130520-5203.
    Comments Due: 5 p.m. ET 6/10/13.

    Docket Numbers: ER13-83-002.
    Applicants: Duke Energy Progress, Inc., Duke Energy Carolinas, LLC.

    Description: OATT Order No. 1000 Second Compliance Filing--
Carolinas to be effective 12/31/9998.
    Filed Date: 5/22/13.
    Accession Number: 20130522-5023.
    Comments Due: 5 p.m. ET 6/21/13.

    Docket Numbers: ER13-738-001; ER11-2954-004; ER10-1277-004; ER10-
1186-004; ER11-3097-005; ER10-1211-004; ER10-1212-004; ER10-1188-004;
ER11-4626-003; ER10-1329-005; ER10-1187-003.
    Applicants: DTE Electric Company, DTE Calvert City, LLC, DTE East
China, LLC, DTE Energy Supply, Inc., DTE Energy Trading, Inc., DTE
Pontiac North LLC, DTE River Rouge No. 1, LLC, DTE Stoneman, LLC, Mt.
Poso Cogeneration Company, LLC, St. Paul Cogeneration, LLC, Woodland
Biomass Power Ltd.
    Description: Notice of Change in Status of DTE Electric Company, et
al.
    Filed Date: 5/22/13.
    Accession Number: 20130522-5066.
    Comments Due: 5 p.m. ET 6/12/13.

    Docket Numbers: ER13-1422-001.
    Applicants: Ebensburg Power Company.
    Description: Inquiry Response to be effective 5/12/2013.
    Filed Date: 5/21/13.
    Accession Number: 20130521-5167.
    Comments Due: 5 p.m. ET 6/11/13.

    Docket Numbers: ER13-1536-000.
    Applicants: Exelon Generation Company, LLC.
    Description: Tariff Record Compliance Filing to be effective 5/22/
2013.
    Filed Date: 5/21/13.
    Accession Number: 20130521-5148.
    Comments Due: 5 p.m. ET 6/11/13.

    Docket Numbers: ER13-1537-000.
    Applicants: Public Service Company of Colorado.
    Description: 2013-5-22--332-PSCo-TSGT 110 Agrmt 0.0.0 to be
effective 3/1/2013.
    Filed Date: 5/22/13.
    Accession Number: 20130522-5026.
    Comments Due: 5 p.m. ET 6/12/13.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 22, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-12806 Filed 5-29-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 76 (Friday, April 19, 2019)]
[Rules and Regulations]
[Pages 16402-16406]
[FR Doc No: 2019-07910]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2019-0083]
RIN 1625-AA08

Special Local Regulation; Bush River and Otter Point Creek,
Harford County, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing temporary special local
regulations for certain navigable waters of the Bush River and Otter
Point Creek. This action is necessary to provide for the safety of life
on these waters located at Edgewood, Harford County, MD, on May 11,
2019, and May 12, 2019, during a high-speed power boat racing event.
This regulation prohibits persons and vessels from being in the
regulated area unless authorized by the Captain of the Port Maryland-
National Capital Region or Coast Guard Patrol Commander.

DATES: This rule is effective from 9:30 a.m. on May 11, 2019 to 6:30
p.m. on May 12, 2019. This rule will be enforced from 9:30 a.m. to 6:30
p.m. on May 11, 2019, and, from 9:30 a.m. to 6:30 p.m. on May 12, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0083 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ronald Houck, U.S. Coast Guard Sector Maryland-
National Capital Region; telephone<PHONE_NUMBER>, 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
PATCOM Coast Guard Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Carolina-Virginia Racing Association of Havre de Grace, MD,
notified the Coast Guard that it will be conducting the Flying Point
Park Outboard Regatta from 10 a.m. to 6 p.m. on May 11, 2019, and from
10 a.m. to 6 p.m. on May 12, 2019. The high-speed power boat racing
event consists of approximately 60 participating outboard hydroplane
and runabout race boats of various classes, 9 to 14 feet in length,
with 4 to 12 boats racing in 3-lap heats, along a designated, marked
racetrack-type course located in Bush River and Otter Point Creek at
Edgewood, Harford County, MD. In response, on March 4, 2019, the Coast
Guard published a notice of proposed rulemaking (NPRM) titled ``Special
Local Regulation; Bush River and Otter Point Creek, Harford County,
MD'' (84 FR 7310). There we stated why we issued the NPRM and invited
comments on our proposed regulatory action related to this power boat
racing race. During the comment period that ended April 3, 2019, we
received one comment.
    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. Due to the date of the event, it
would be impracticable to make the regulation effective 30 days after
publication in the Federal Register. Delaying the effective date of
this rule is impracticable and contrary to public interest because it
would delay the safety measures necessary to respond to potential
safety hazards associated with this marine event. Immediate action is
needed to protect participants, spectators, and other persons and
vessels during the high-speed race event on these navigable waters.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port Maryland-National Capital Region (COTP)
has determined that potential hazards associated with the power boat
racing event will be a safety concern for anyone intending to operate
in or near the event area. The purpose of this rule is to protect event
participants, spectators, and transiting vessels on specified waters of
the Bush River and Otter Point Creek before, during, and after the
scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one public submission to the docket
responding to our NPRM published March 4, 2019. We thank the commenter
for taking time to review the NPRM and submitting a comment regarding
this action.
    The comment was in support of the Coast Guard's rulemaking.
However, the commenter stated that because high-speed power boats will
pass a certain area, the Coast Guard should make sure to inform the
public, especially residents around that area.
    Patrol vessels assigned by the COTP Maryland-National Capital
Region will be present to monitor the event and enforce the special
local regulation. In addition, the COTP Maryland-National Capital
Region will notify the public of the specific enforcement times of the
regulated area by all appropriate means to affect the widest publicity
among the affected segments of the public, including publishing a
notice in the Federal Register and an article in the Local Notice to
Mariners. Broadcast Notice to Mariners will also be made for this
event, to begin prior to that start of the scheduled event, and to
continue to notify the public, until immediately after its completion.
    There are no changes in the regulatory text of this rule from that
proposed in the NPRM.
    This rule establishes a special local regulation to be enforced
from 9:30 a.m. to 6:30 p.m. on May 11, 2019, and from 9:30 a.m. to 6:30
on May 12, 2019. The regulated area will cover all navigable waters of
the Bush River and Otter Point Creek, from shoreline to shoreline,
bounded to the north by a line drawn from the western shoreline of the
Bush River at latitude 39[deg]27'15'' N, longitude 076[deg]14'39'' W
and thence eastward to the eastern shoreline of the Bush River at
latitude 39[deg]27'03'' N, longitude 076[deg]13'57'' W; and bounded to
the south by the Amtrak Railroad Bridge, across the Bush River at mile
6.8, between Perryman, MD, and Edgewood, MD. The duration of the
special local regulations and size of the regulated area are intended
to ensure the safety of life on these navigable waters before, during,
and after the power boat racing event, scheduled from 10 a.m. until 6
p.m. on May 11, 2019, and May 12, 2019.
    Except for participants and vessels already at berth, a person or
vessel within the regulated area at the start of enforcement of this
regulation must immediately depart the regulated area. A person or
vessel that desires to transit, moor, or anchor within the regulated
area must first obtain authorization from the COTP Maryland-National
Capital Region or PATCOM. A person or vessel seeking such permission
can contact the COTP Maryland-National Capital Region at telephone
number<PHONE_NUMBER> or on VHF-FM channel 16, or the PATCOM on VHF-FM
channel 16 and channel 22A. A vessel within the regulated area must
operate at safe speed that minimizes wake. A person or vessel not
registered with the event sponsor as a participant or assigned as
Official Patrols would be considered a spectator. Official Patrols are
any vessel assigned or approved by the Commander, Coast Guard Sector
Maryland-National Capital Region with a commissioned, warrant, or petty
officer on board and displaying a Coast Guard ensign. Official Patrols
enforcing this regulated area can be contacted on VHF-FM channel 16 and
channel 22A. If permission is granted, the spectator may enter the
designated spectator area or must pass directly through the regulated
area as instructed by PATCOM. A spectator vessel must not loiter within
the navigable channel while within the regulated area. Official Patrols
will direct spectator vessels to the designated spectator area. All
spectator vessels within the designated spectator area must be anchored
or operate at a No Wake Speed while within the designated spectator
area. Only participants and Official Patrols are allowed to enter the
race area. The Coast Guard will publish a notice in the Fifth Coast
Guard District Local Notice to Mariners and issue a marine information
broadcast on VHF-FM marine band radio announcing specific event date
and times.

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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule 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 time of year of the regulated area, which will impact a small
designated area of the Bush River and Otter Point Creek for 18 total
enforcement hours. The Coast Guard will issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the status of the regulated
area. Moreover, the rule will allow vessels to seek permission to enter
the regulated area, and vessel traffic will be able to safely transit
the regulated area once the COTP or PATCOM deems it safe to do so.

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 received no comments from the Small Business
Administration on this rulemaking. 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
regulated area 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.
    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 would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact 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 will 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact 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 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 and Commandant Instruction M16475.1D, 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
implementation of regulations within 33 CFR part 100 applicable to
organized marine events on the navigable waters of the United States.
The temporary regulated area will be in effect for 33 hours. It is
categorically excluded from further review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A
Memorandum For Record for Categorically Excluded Actions supporting
this determination is available in the docket where indicated under
ADDRESSES.

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.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  [thinsp]100.501T05-0083 to read as follows:

Sec.  100.501T05-0083  Special Local Regulation; Bush River and Otter
Point Creek, Harford County, MD.

    (a) Definitions. As used in this section:
    Buffer Zone is a neutral area that surrounds the perimeter of the
Race Area within the regulated area described by this section. The
purpose of a buffer zone is to minimize potential collision conflicts
with marine event participants or race boats and spectator vessels or
nearby transiting vessels. This area provides separation between a Race
Area and a specified Spectator Area or other vessels that are operating
in the vicinity of the regulated area established by the special local
regulations.
    Captain of the Port (COTP) Maryland-National Capital Region means
the Commander, U.S. Coast Guard Sector Maryland-National Capital Region
or any Coast Guard commissioned, warrant or petty officer who has been
authorized by the COTP to act on his behalf.
    Coast Guard Patrol Commander (PATCOM) means a commissioned,
warrant, or petty officer of the U.S. Coast Guard who has been
designated by the Commander, Coast Guard Sector Maryland-National
Capital Region.
    Official Patrol means any vessel assigned or approved by Commander,
Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
    Participant means a person or vessel registered with the event
sponsor as participating in the Flying Point Park Outboard Regatta or
otherwise designated by the event sponsor as having a function tied to
the event.
    Race Area is an area described by a line bound by coordinates
provided in latitude and longitude that outlines the boundary of a race
area within the regulated area defined by this section.
    Spectator means a person or vessel not registered with the event
sponsor as participants or assigned as official patrols.
    Spectator Area is an area described by a line bound by coordinates
provided in latitude and longitude that outlines the boundary of a
spectator area within the regulated area defined by this part.
    (b) Locations. All coordinates reference Datum NAD 1983.
    (1) Regulated area. All navigable waters of Bush River and Otter
Point Creek, from shoreline to shoreline, bounded to the north by a
line drawn from the western shoreline of the Bush River at latitude
39[deg]27'15'' N, longitude 076[deg]14'39'' W and thence eastward to
the eastern shoreline of the Bush River at latitude 39[deg]27'03'' N,
longitude 076[deg]13'57'' W; and bounded to the south by the Amtrak
Railroad Bridge, across the Bush River at mile 6.8, between Perryman,
MD and Edgewood, MD. The following locations are within the regulated
area:
    (2) Race Area. The race area is a polygon in shape measuring
approximately 540 yards in length by 270 yards in width. The area is
bounded by a line commencing at position latitude 39[deg]26'33.1'' N,
longitude 076[deg]15'46.8'' W; thence westerly to latitude
39[deg]26'33.1'' N, longitude 076[deg]15'49.3'' W; thence northerly to
latitude 39[deg]26'37.1'' N, longitude 076[deg]15'52.4'' W; thence
northeasterly to latitude 39[deg]26'40.0'' N, longitude
076[deg]15'52.5'' W; thence easterly to latitude 39[deg]26'45.9'' N,
longitude 076[deg]15'32.2'' W; thence southeasterly to latitude
39[deg]26'45.3'' N, longitude 076[deg]15'30.0'' W; thence southerly to
latitude 39[deg]26'43.8'' N, longitude 076[deg]15'29.1'' W; thence
southerly to latitude 39[deg]26'42.2'' N, longitude 076[deg]15'28.9''
W; thence southwesterly to latitude 39[deg]26'40.8'' N, longitude
076[deg]15'29.3'' W; thence westerly terminating at point of origin.
    (3) Buffer Zone. The buffer zone surrounds the entire race area
described in the preceding paragraph of this section. This area is a
polygon in shape and provides a buffer around the perimeter of the race
area. The area is bounded by a line commencing at the shoreline at
Flying Point Park at position latitude 39[deg]26'31.9'' N, longitude
076[deg]15'32.5'' W; thence westerly to latitude 39[deg]26'30.5'' N,
longitude 076[deg]15'52.7'' W; thence northerly to latitude
39[deg]26'39.9'' N, longitude 076[deg]16'00.0'' W; thence easterly to
latitude 39[deg]26'51.6'' N, longitude 076[deg]15'26.7'' W; thence
southerly to latitude 39[deg]26'37.0'' N, longitude 076[deg]15'22.5''
W; thence southerly to latitude 39[deg]26'33.7'' N, longitude
076[deg]15'22.8'' W, located at the shoreline at Flying Point Park.
    (4) Spectator Area. The designated spectator area is a polygon in
shape and is bounded by a line commencing at position latitude
39[deg]26'39.9'' N, longitude 076[deg]15'23.3'' W; thence east to
latitude 39[deg]26'39.6'' N, longitude 076[deg]15'19.4'' W; thence
south to latitude 39[deg]26'36.6'' N, longitude 076[deg]15'18.7'' W;
thence west to latitude 39[deg]26'37.0'' N, longitude 076[deg]15'22.5''
W; thence north to point of origin.
    (c) Special local regulations: (1) The COTP Maryland-National
Capital Region or PATCOM may forbid and control the movement of all
vessels and persons, including event participants, in the regulated
area. When hailed or signaled by an official patrol, a vessel or person
in the regulated area must immediately comply with the directions given
by the patrol. Failure to do so may result in the Coast Guard expelling
the person or vessel from the area, issuing a citation for failure to
comply, or both. The COTP Maryland-National Capital Region or PATCOM
may terminate the event, or a participant's operations at any time the
COTP Maryland-National Capital Region or PATCOM believes it necessary
to do so for the protection of life or property.
    (2) Except for participants and vessels already at berth, a person
or vessel within the regulated area at the start of enforcement of this
section must immediately depart the regulated area.
    (3) A spectator must contact the PATCOM to request permission to
either enter or pass through the regulated area. The PATCOM, and
official patrol vessels enforcing this regulated area, can be contacted
on marine band radio VHF-FM channel 16 (156.8 MHz) and channel 22A
(157.1 MHz). If permission is granted, the spectator may enter the
designated Spectator Area or must pass directly through the regulated
area as instructed by PATCOM. A vessel within the regulated area must
operate at safe speed that minimizes wake. A spectator vessel must not
loiter within the navigable channel while within the regulated area.
    (4) A person or vessel that desires to transit, moor, or anchor
within the regulated area must first obtain authorization from the COTP
Maryland-National Capital Region or PATCOM. A person or vessel seeking
such permission can contact the COTP Maryland-National Capital Region
at telephone number<PHONE_NUMBER> or on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz) or the PATCOM on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz).
    (5) Only participant vessels and official patrol vessels are
allowed to enter the race area.
    (6) Spectators are only allowed inside the regulated area if they
remain within the designated spectator area. All spectator vessels must
be anchored or operate at a No Wake Speed within the designated
spectator area. Official patrol vessels will direct spectator vessels
to the spectator area. Spectators must contact the Coast Guard Patrol
Commander to request permission to pass through the regulated area. If
permission is granted, spectators must pass directly through the
regulated area at safe speed and without loitering.
    (7) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue a marine information
broadcast on VHF-

FM marine band radio announcing specific event date and times.
    (d) Enforcement officials. The Coast Guard may be assisted with
marine event patrol and enforcement of the regulated area by other
Federal, State, and local agencies.
    (e) Enforcement periods. This section will be enforced from 9:30
a.m. to 6:30 p.m. on May 11, 2019, and, from 9:30 a.m. to 6:30 p.m. on
May 12, 2019.

    Dated: April 15, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2019-07910 Filed 4-18-19; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 143 (Friday, July 25, 2014)]
[Proposed Rules]
[Pages 43335-43338]
[FR Doc No: 2014-17599]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0215]
RIN 1625-AA11

Regulated Navigation Area; Bridge 1 Structural Repairs at
Portsmouth Naval Shipyard, Kittery, ME

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The U.S. Navy has requested the Coast Guard to establish a
regulated navigation area (RNA) on the navigable waters of the
Piscataqua River surrounding Bridge 1 between Kittery, ME, and Seavey
Island, ME. Sector Northern New England received notice of potential
bridge work being conducted on Bridge 1 between Kittery, ME, and the
Portsmouth Naval Shipyard on Seavey Island from September 1, 2014
through April 30, 2017. This RNA would allow the Coast Guard to enforce
speed and wake restrictions and limit vessel traffic through the RNA
during operations involving bridge structural repairs, both planned and
unforeseen, which could pose an imminent hazard to persons and vessels
operating in the area. This rule is necessary to provide for the safety
of life on the navigable waters during bridge structural repair
operations.

DATES: Comments and related material must be received by the Coast
Guard on or before August 25, 2014.

ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The telephone number is<PHONE_NUMBER>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call Lieutenant Junior Grade Elizabeth V. Gunn, Waterways Management
Division at Coast Guard Sector Northern New England, at<PHONE_NUMBER> or
email at<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

1. Submitting Comments

    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. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number [USCG-2013-0215] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider

all comments and material received during the comment period and may
change the rule based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2014-0215) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one on or before August 1, 2014 using one of the methods
specified under ADDRESSES. Please explain why you believe a public
meeting would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.

B. Regulatory History and Information

    On September 11, 2013, Sector Northern New England received notice
of potential bridge work being conducted on Bridge 1 between Kittery,
ME, and the Portsmouth Naval Shipyard on Seavey Island from September
1, 2014 through April 30, 2017. A Construction Approval Letter will be
issued once a contractor is awarded the contract to perform needed
repairs.
    On February 26, 2014, the U. S. Navy posted a notice in the
Portsmouth Herald advising the public of the intent to file
applications for approval of structural repairs to be made to Bridge 1.
No comments or requests for public meeting were made.

C. Basis and Purpose

    Under the Ports and Waterways Safety Act, the Coast Guard has the
authority to establish RNAs in defined water areas that are determined
to have hazardous conditions and in which vessel traffic can be
regulated in the interest of safety. See 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Public Law 107-295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1. The purpose of this proposed
rule is to ensure the safe transit of vessels in the area, and to
protect all persons, vessels, and the marine environment during
structural repairs made to the Portsmouth Naval Shipyard, Bridge 1.

D. Discussion of Proposed Rule

    The Coast Guard is proposing to establish an RNA on the navigable
waters of the Piscataqua River surrounding Bridge 1 which spans from
Kittery, Maine, to Seavey Island, Maine from September 1, 2014 to April
30, 2017. The Portsmouth Naval Shipyard is the bridge owner and is
contracting the structural repairs. This bridge is the main entrance to
the Portsmouth Naval Shipyard. The existing bridge is a steel girder
structure approximately 300 feet long and 50 feet 7 inches wide.
Existing vertical clearance is 7 feet at MLW; the proposed vertical
clearance is also 7 feet at MLW. Horizontal clearance is currently 57
feet and the proposed clearance would be 56 feet 6 inches. Existing
granite block and steel reinforced abutments and piers will remain in
place but will be reinforced with cladding around the abutments. As a
result, the horizontal clearance would be reduced by six inches.
    This proposed RNA would allow the Captain of the Port Sector
Northern New England (COTP) to establish speed and wake restrictions
and to prohibit vessel traffic on this portion of the river for limited
periods when necessary for the safety of vessels and workers during
construction work in the channel. The Coast Guard would enforce a five
knot speed limit as well as a ``NO WAKE'' zone and would be able to
close the designated area to all vessel traffic under any
circumstances, planned or unforeseen, that pose an imminent threat to
waterway users or construction operations in the area. At this time,
only partial closures of the waterway are anticipated.

E. 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 or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    We expect the economic impact of this rule to be minimal because
this regulated navigation area only requires vessels to reduce speed
through a limited portion of the Piscataqua River, therefore causing
only a nominal delay to a vessel's transit.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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 will not have a significant economic impact on a
substantial number of small entities.
    This proposed rule would affect the following entities, some of
which might be small entities: The owners or operators of vessels
intending to transit or anchor in the vicinity of Bridge 1 from
September 1, 2014 to April 30, 2017. These entities would only be
required to reduce their speed through a limited portion of the
Piscataqua River outside of the main channel.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

3. Assistance for Small Entities

    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 the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for

compliance, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT, above. 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.

4. Collection of Information

    This proposed rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).

5. Federalism

    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
determined that this rule does not have implications for federalism.

6. 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.

7. 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.

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(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 the
establishment of an RNA. This rule is categorically excluded from
further review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. A preliminary environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination are
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.

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 proposes
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:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T01-0215 to read as follows:

Sec.  165.T01-0215  Regulated Navigation Area; Bridge 1 structural
repairs at Portsmouth Naval Shipyard, Kittery, ME

    (a) Location. The following area is a Regulated Navigation Area
(RNA): All navigable waters of Piscataqua River between Kittery, ME and
Seavey Island, ME, from surface to bottom, within a 300 yard radius of
position 44[deg]05'06'' N, 070[deg]44'29'' W.
    (b) Regulations. (1) The general regulations contained in 33 CFR
165.10, 165.11, and 165.13 apply within the RNA.
    (2) In accordance with the general regulations, entry into or
movement within this zone, during periods of enforcement, is prohibited
unless authorized by the Captain of the Port Sector Northern New
England (COTP).
    (3) Persons and vessels may request permission to enter the RNA
during periods of enforcement by contacting the COTP or the COTP's on-
scene representative on VHF-16 or via phone at<PHONE_NUMBER>.
    (4) During periods of enforcement, entry and movement within the
RNA is subject to a ``Slow-No Wake'' speed limit. Vessels may not
produce more than a minimum wake and may not attain speeds greater than
five knots unless a higher minimum speed is necessary to maintain
steerageway.
    (5) During periods of enforcement, vessels must comply with all
directions given to them by the COTP or the COTP's on-scene
representative. The ``on-scene representative'' of the COTP is any
Coast Guard commissioned, warrant or petty officer who has been
designated by the COTP to act on the COTP's behalf. The on-scene
representative may be on a Coast Guard

vessel; Maine State Police, Maine Marine Patrol or other designated
craft; or may be on shore and communicating with vessels via VHF-FM
radio or loudhailer. Members of the Coast Guard Auxiliary may be
present to inform vessel operators of this regulation.
    (6) During periods of enforcement, upon being hailed by a U.S.
Coast Guard vessel by siren, radio, flashing light or other means, the
operator of the vessel must proceed as directed.
    (7) All other relevant regulations, including but not limited to
the Rules of the Road (33 CFR Sec.  84--Subchapter E, Inland
Navigational Rules) remain in effect within the regulated area and must
be strictly followed at all times.
    (c) Enforcement Period. This regulation is enforceable 24 hours a
day from 12:01 a.m. on September 1, 2014 until 11:59 p.m. on April 30,
2017.
    (1) Prior to commencing or suspending enforcement of this
regulation, the COTP will give notice by appropriate means to inform
the affected segments of the public, to include dates and times. Such
means of notification will include, but are not limited to, Broadcast
Notice to Mariners and Local Notice to Mariners.
    (2) Violations of this RNA may be reported to the COTP at 207-767-
0303 or on VHF-Channel 16.

    Dated: July 15, 2014.
L. L. Fagan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2014-17599 Filed 7-24-14; 8:45 am]
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