[Federal Register Volume 79, Number 164 (Monday, August 25, 2014)]
[Proposed Rules]
[Pages 50565-50568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19985]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0554]
RIN 1625-AA11


Regulated Navigation Area; Sarah Mildred Long Bridge Replacement, 
Portsmouth, NH

AGENCY: Coast Guard, DHS.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The United States Coast Guard proposes to establish a 
regulated navigation area (RNA) on the navigable waters of the 
Piscataqua River under and surrounding the Sarah Mildred Long Bridge 
between Portsmouth, NH and Kittery, ME. This RNA would allow the Coast 
Guard to enforce speed and wake restrictions and prohibit all vessel 
traffic through the RNA during bridge replacement operations, 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 September 24, 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.

[[Page 50566]]

    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) 347-5014 
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
MEDOT Maine Department of Transportation
NHDOT New Hampshire Department of Transportation
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-2014-0554] 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-2014-0554) 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. 
Requests must be received by the Coast Guard prior to the end of the 
comment period. 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

    The Maine Department of Transportation (MEDOT) applied for a bridge 
construction permit with the Coast Guard on August 15, 2013. The Coast 
Guard issued Public Notice 1-137 on February, 2014, which was published 
on the USCG Navigation Center Web site and the First Coast Guard 
District--Bridge Branch Web site, and solicited comments through March 
12, 2014. Three comments were received in response to the public 
notice: One comment was a statement of no objection and two comments 
were in favor of the project.

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; 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, construction 
crews, and the marine environment during bridge construction operations 
on the Piscataqua River between Portsmouth, NH and Kittery, ME.

D. Discussion of Proposed Rule

    MEDOT intends to replace the existing vertical lift bridge over the 
Piscataqua River, which carries the U.S. Route 1 Bypass from 
Portsmouth, NH and Kittery, ME, with a hybrid vertical lift bridge on 
an upstream alignment. The project is necessary to replace a 
structurally and operationally deficient bridge that has exceeded its 
useful life. In the normal vehicle use mode, the new vertical lift 
bridge will provide a vertical clearance through the main channel of 56 
feet above mean high water (MHW) in the closed position and 135 feet 
above MHW in the open position, and a horizontal clearance of 250 feet 
measured normal to the axis of the channel. When closed to normal 
vehicle use (i.e., in rail use mode), the new bridge will provide a 
vertical clearance through the main channel of 16 feet MHW.
    The construction of the new Sarah Mildred Long Bridge will involve 
large machinery and construction vessel operations above and in the 
navigable waters of the Piscataqua River. These operations, by their 
nature, are hazardous and pose risks both to recreational and 
commercial traffic as well as the construction crew. In order to 
mitigate the inherent risks involved in the construction, it is 
necessary to control vessel movement through the area.

[[Page 50567]]

    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 would limit vessel speed and 
wake of all vessels operating in the vicinity of the bridge 
construction zone. All vessels may not produce a wake and may not 
attain speeds greater than five (5) knots unless a higher minimum speed 
is necessary to maintain steerageway. This would be achieved by 
enforcing a five (5) knots speed limit and ``NO WAKE'' zone in the 
vicinity of the construction 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 would 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 has discussed this project at length with the New 
Hampshire Department of Transportation (NHDOT) and Maine Department of 
Transportation (MEDOT) to identify if the project can be completed 
without channel closures and, if possible, what impact that would have 
on the project timeline. Through these discussions, it became clear 
that while the majority of construction activities during the span of 
this project would not require waterway closures, there are certain 
tasks that can only be completed in the channel and will require 
closing the waterway.
    All closures would be limited to specific hours of the day. 
Mariners would be advised of all closure dates and times via Local 
Notice to Mariners and Broadcast Notice to Mariners in advance of 
closure times.

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 requires vessels to reduce speed through 
600 yards of the Piscataqua River, therefore causing only a minimal 
delay to a vessel's transit. In addition, periods when the regulated 
navigation area is closed to all traffic are expected to be short in 
duration, and we expect to give advance notice of such closures. 
Advanced public notifications would be made to local mariners through 
appropriate means, which could include, but would not be limited to, 
Local Notice to Mariners and Broadcast Notice to Mariners.

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 will not have a significant impact on small 
entities, because the RNA would be of limited size and any waterway 
closure of short duration. Additionally before any effective period of 
waterway closure, advanced public notifications would be made to local 
mariners through appropriate means, which could include, but would not 
be limited to, Local Notice to Mariners and Broadcast Notice to 
Mariners.
    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.

[[Page 50568]]

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 amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 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.T01-0554 to read as follows:


Sec.  165.T01-0554  Regulated Navigation Area; Sarah Mildred Long 
Bridge Replacement, Portsmouth, NH.

    (a) Location. The following area is a Regulated Navigation Area 
(RNA): All navigable waters of the Piscataqua River between Portsmouth, 
NH and Kittery, ME, from surface to bottom, within a 300 yard radius of 
position 43[deg]05'10'' N, 070[deg]45'38'' W, center point of the 
existing Sarah Mildred Long Bridge.
    (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 (5) 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 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 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 November 1, 2014 until 11:59 p.m. on May 31, 
2019.
    (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: August 8, 2014.
L.L. Fagan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2014-19985 Filed 8-22-14; 8:45 am]
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