[Federal Register Volume 79, Number 143 (Friday, July 25, 2014)]
[Proposed Rules]
[Pages 43335-43338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17599]


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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.

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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: 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 Lieutenant Junior Grade Elizabeth V. Gunn, Waterways Management 
Division at Coast Guard Sector Northern New England, at 207-767-0398 or 
email at [email protected]. If you have questions on viewing or 
submitting material to the docket, call Cheryl Collins, Program 
Manager, Docket Operations, telephone 202-366-9826.

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

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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

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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 207-767-0303.
    (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

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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]
BILLING CODE 9110-04-P