[Federal Register Volume 78, Number 98 (Tuesday, May 21, 2013)]
[Rules and Regulations]
[Pages 29648-29651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12033]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0394]
RIN 1625-AA11


Regulated Navigation Area; Waldo-Hancock Bridge Demolition, 
Penobscot River, Between Prospect and Verona, ME

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The United States Coast Guard is establishing a regulated 
navigation area (RNA) on the navigable waters of the Penobscot River 
between Prospect and Verona, ME, under and surrounding the Waldo-
Hancock Bridge in order to facilitate the removal of the trusses, 
cables, and towers of the Waldo-Hancock Bridge. This temporary final 
rule (TFR) is necessary to provide for the safety of life on the 
navigable waters during bridge demolition operations which include hot 
work and heavy lift operations. This rule implements certain safety 
measures, including speed restrictions and the temporary suspension of 
vessel traffic, during

[[Page 29649]]

demolition operations that could be hazardous to nearby vessels.

DATES: This rule is effective with actual notice on May 10, 2013 
through April 30, 2014. This rule is effective in the CFR on May 21, 
2013 through April 30, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-0394]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email Ensign Elizabeth V. Morris, Waterways 
Management Division, Coast Guard Sector Northern New England, telephone 
207-767-0398, email [email protected] or BMC Craig D. 
Lapiejko, First Coast Guard District, telephone 617-223-8351, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Barbara Hairston, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
RNA Regulated Navigation Area
TFR Temporary Final Rule

A. Regulatory History and Information

    On July 16, 2012 the Coast Guard provided the public with prior 
notice and opportunity to comment when it published a notice of 
proposed rulemaking (NPRM) entitled Regulated Navigation Area; Original 
Waldo-Hancock Bridge Removal, Penobscot River, Bucksport, ME, in the 
Federal Register (77 FR 41717). No comments were received. This TFR is 
the outgrowth of that NPRM. As compared to the NPRM, Coast Guard seeks 
only to adjust the dates of the originally proposed RNA so as to 
account for the delay in demolition efforts as reported by The Maine 
Department of Transportation. This adjustment does not substantially 
change the intent of the RNA and does not necessitate a new comment 
period. In addition, the Coast Guard has determined there is a public 
safety need to enforce this regulation during the demolition 
activities, which may begin fewer than 30 days after publication in the 
Federal Register. For this reason, the Coast Guard finds that good 
cause exists for making this rule effective fewer than 30 days after 
publication in the Federal Register under 5 U.S.C. 553(d)(3).

B. 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.

C. Discussion of the Final Rule

    The removal of the 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 TFR is to ensure 
the safety of waterway users, the public, and construction workers for 
the duration of the Waldo-Hancock Bridge demolition. 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 RNA limits vessel speed and wake of all vessels operating in 
the vicinity of the bridge removal zone. A five knot speed limit and 
``NO WAKE'' zone will be enforced in the vicinity of the Waldo-Hancock 
Bridge demolition and will allow for the Captain of the Port (COTP) 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.
    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. Please note that 
specific closure dates and times will be posted in the Local Notice to 
Mariners and disseminated via a Safety Marine Information Broadcast 
during each closure.
    The 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 
obtain information concerning enforcement of the regulated navigation 
area by contacting Coast Guard Sector Northern New England Command 
Center at 207-767-0303.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This TFR 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 of limited number 
and duration, and we will give advance notice of such closures.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended,

[[Page 29650]]

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 zero comments from the Small Business 
Administration on this rule. 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.
    (1) This rule will 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 Waldo-Hancock Bridge.
    (2) The rule will 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.

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 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.
    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.

4. 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).

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 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This rule will 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 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

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

11. Indian Tribal Governments

    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.

12. Energy Effects

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

14. Environment

    We have analyzed this 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 find 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 the establishment of an RNA and we have determined that 
this action will not result in significant environmental impacts. 
Therefore, it is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and the 
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 final 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 amends 
33 CFR Part 165 as follows:

[[Page 29651]]

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, 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.T01-0394 to read as follows:


Sec.  165.T01-0394  Regulated Navigation Area; Waldo-Hancock Bridge 
Demolition, Penobscot River, between Prospect and Verona, ME.

    (a) Location. The following area is a Regulated Navigation Area 
(RNA): All navigable waters of Penobscot River between Prospect, 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 (COTP) Sector Northern New 
England.
    (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 ashore 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 with actual notice from May 10, 2013 through April 30, 2014, and 
enforceable based on constructive notice from May 21, 2013 through 
April 30, 2014.
    (1) Prior to commencing or suspending enforcement of this 
regulation, the COTP and designated on-scene patrol personnel will 
notify the public whenever the regulation is being enforced and 
whenever enforcement is lifted, to include dates and times. The means 
of notification will include, but are not limited to, Broadcast Notice 
to Mariners and Local Notice to Mariners, Marine Safety Information 
Bulletins, or other appropriate means.
    (2) Violations of this RNA may be reported to the COTP at 207-767-
0303 or on VHF-Channel 16.

    Dated: May 10, 2013.
V.B. Gifford,
Captain, U.S. Coast Guard, Acting, First Coast Guard District.
[FR Doc. 2013-12033 Filed 5-20-13; 8:45 am]
BILLING CODE 9110-04-P