[Federal Register Volume 77, Number 136 (Monday, July 16, 2012)]
[Proposed Rules]
[Pages 41717-41720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17221]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0394]
RIN 1625-AA11


Regulated Navigation Area; Original Waldo-Hancock Bridge Removal, 
Penobscot River, Bucksport, ME

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a regulated navigation 
area (RNA) on the navigable waters of the Penobscot River near 
Bucksport, ME, under and surrounding the original Waldo-Hancock Bridge 
in order to facilitate the removal of the center span. This NPRM is 
necessary to provide for the safety of life on the navigable waters 
during bridge deconstruction operations that could pose an imminent 
hazard to vessels operating in the area. This rule would implement 
certain safety measures, including speed restrictions and the temporary 
suspension of vessel traffic during removal operations.

DATES: Comments and related material must be received by the Coast 
Guard on or before August 15, 2012. Requests for public meetings must 
be received by the Coast Guard on or before July 23, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0394 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (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 202-366-9329.
    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 or email Ensign Elizabeth V. Morris, Waterways Management Division 
at Coast Guard Sector Northern New England, telephone 207-741-5440, 
email [email protected]; or Lieutenant Isaac M. Slavitt, 
Waterways Management at Coast Guard First District, telephone 617-223-
8385, email [email protected]. If you have questions on viewing 
or submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

ACOE Army Corps of Engineers
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
MEDOT Maine Department of Transportation
NPRM Notice of Proposed Rulemaking
RNA Regulated Navigation Area

[[Page 41718]]

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 (USCG-2012-0394), 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-2012-0394) in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this proposed 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-2012-0394) 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, 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 December 16, 2011 the Coast Guard conducted a meeting with the 
Maine Department of Transportation (MEDOT) to discuss future bridge 
projects throughout the State of Maine. During that meeting, the Coast 
Guard informed MEDOT that the deconstruction of the original Waldo-
Hancock Bridge would require an RNA. Minutes from this meeting are 
available in the docket.

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 and 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 demolition operations of the original Waldo-
Hancock Bridge.

D. Discussion of Proposed Rule

    The removal of the original Waldo-Hancock Bridge involves large 
machinery and construction vessel operations above and in the navigable 
waters of the Penobscot River. The ongoing operations are, by their 
nature, hazardous and pose risks both to recreational and commercial 
traffic as well as to the construction crew. In order to mitigate the 
inherent risks involved with the removal of a bridge, it is necessary 
to control vessel movement through the area. The purpose of this 
proposed rule is to ensure the safety of waterway users, the public, 
and construction workers for the duration of the original Waldo-Hancock 
Bridge removal from September 1, 2012 through June 30, 2013. Heavy-lift 
operations are sensitive to water movement, and wake from passing 
vessels could pose significant risk of injury or death to construction 
workers.
    In order to minimize such unexpected or uncontrolled movement of 
water, the proposed RNA will limit vessel speed and wake of all vessels 
operating in the vicinity of the bridge removal zone. This will be 
achieved by enforcing a five knot speed limit and ``NO WAKE'' zone in 
the vicinity of the original Waldo-Hancock Bridge removal as well as 
providing a means to suspend all vessel traffic for emergent situations 
that pose imminent threat to waterway users in the area. The RNA will 
also protect vessels desiring to transit the area by ensuring that 
vessels are only permitted to transit when it is safe to do so.
    Under this proposed regulation, the Coast Guard may close the 
regulated area described in this rule to all vessel traffic during 
circumstances that pose an imminent threat to waterway users operating 
in the area. Complete waterway closures will be made with as much 
advanced notice as possible. The following anticipated closures dates 
will be enforced for the purpose of bridge removal: October 1, 2012; 
October 4-9, 2012; November 12-27, 2012; December 3-7, 2012; and 
January 7-11, 2013. In addition, the Army Corps of Engineers (ACOE) 
will perform a suspender cut test during the course of deconstruction. 
The Coast Guard anticipates a closure date of September 25, 2012, from 
9 a.m. to 12 p.m. to facilitate the ACOE's test. Please note that 
specific closure dates and times will be noted in the final rulemaking.
    The Captain of the Port (COTP) Sector Northern New England will 
cause notice of enforcement, suspension of enforcement, or closure of 
this RNA to be made by appropriate means to ensure the widest 
distribution among the affected segments of the public. Such means of 
notification may include, but are not limited to, Broadcast Notice to 
Mariners and Local Notice to Mariners. In addition, the COTP maintains 
a telephone line that is staffed 24 hours a day, seven days a week. The 
public can

[[Page 41719]]

obtain information concerning enforcement of the regulated navigation 
area by contacting Coast Guard Sector Northern New England Command 
Center at (207) 767-0303.

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 Penobscot River, therefore causing 
only a minimal delay to a vessel's transit. In addition, periods when 
the RNA is closed to all traffic are expected to be during seasons of 
low traffic volume, and we will give advance notice of such closures. 
Please note that specific closure dates and times will be noted in the 
final rulemaking.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. 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: owners or operators of vessels intending 
to transit, fish, or anchor in the vicinity of the Original Waldo-
Hancock Bridge.
    The proposed rule would not have a significant economic impact on a 
substantial number of small entities for the following reasons: periods 
when the RNA is closed to all traffic are expected to be during seasons 
of low traffic volume, also, vessels will be required to reduce speed 
through a limited portion of the Penobscot River, and, therefore, will 
only be caused a minimal delay. Notifications will include, but are not 
limited to, the Local Notice to Mariners and Broadcast Notice to 
Mariners to inform the public before, during, and at the conclusion of 
any RNA enforcement period.
    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 because it is 
not a ``significant regulatory action'' under Executive Order 12866 and 
is not likely to have a significant adverse effect on the supply, 
distribution, or use of energy. The Administrator of the Office of 
Information and Regulatory Affairs has not designated it as a 
significant energy action. Therefore, it does not require a Statement 
of Energy Effects under Executive Order 13211.

[[Page 41720]]

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 
proposed 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 is available in the docket where indicated under 
ADDRESSES.
    We seek any comments or information that may lead to the discovery 
of a significant environmental impact from this proposed rule.

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

    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.

    2. Add Sec.  165.T01-0394 to read as follows:


Sec.  165.T01-0394  Regulated Navigation Area; Original Waldo-Hancock 
Bridge Removal, Penobscot River, Bucksport, ME.

    (a) Location. The following area is a Regulated Navigation Area 
(RNA): All navigable waters of Penobscot River between Bucksport, ME 
and Verona, ME, from surface to bottom, within a 300 yard radius of 
position 44[deg]33'38'' N, 068[deg]48'05'' 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 207-767-0303.
    (4) During periods of enforcement, a speed limit of five knots will 
be in effect within the regulated area and all vessels must proceed 
through the area with caution and operate in such a manner as to 
produce no wake.
    (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 part 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 5 a.m. on September 1, 2012 until 11:59 p.m. on June 30, 2013.
    (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: June 29, 2012.
D.B. Abel,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 2012-17221 Filed 7-13-12; 8:45 am]
BILLING CODE 9110-04-P