[Federal Register Volume 79, Number 201 (Friday, October 17, 2014)]
[Rules and Regulations]
[Pages 62339-62341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24771]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a Regulated Navigation Area 
(RNA) on the navigable waters of the Piscataqua River surrounding 
Bridge 1 between Kittery, ME, and Seavey Island, ME. This RNA allows 
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: This rule is effective from October 17, 2014 until April 30, 
2017. This rule has been enforced with actual notice from September 30, 
2014 to October 17, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0215]. 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 rule, 
call Lieutenant Junior Grade David B. Bourbeau, Waterways Management 
Division Chief at Coast Guard Sector Northern New England, at 207-347-
5015 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

A. 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. Construction will commence October 1, 
2014.
    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.
    On July 25, 2014, the Coast Guard published a Notice of Proposed 
Rulemaking (NPRM) with respect to this rule (79 FR 43335) entitled 
``Regulated Navigation Area; Bridge 1 Structural Repairs at Portsmouth 
Naval Shipyard, Kittery, ME.'' No comments were received.
    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. Waiting 30 days for this rule to 
become effective is unnecessary and impracticable. The bridge 
construction begins on October 1, 2014 and delaying this rule's 
effective date would inhibit the Coast Guard's ability to protect the 
boating public from the hazards associated with a dangerous maritime 
construction site. The Coast Guard did not have all of the details 
about the bridge construction project that the Coast Guard needed in 
order to publish the final rule more than thirty days in advance of the 
effective date. Furthermore, the policy goal of providing the public 
with enough time to prepare for compliance is largely met by the Coast 
Guard and Navy's public outreach efforts and publication of the NPRM.

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 Portsmouth Naval Shipyard is the bridge owner and is 
contracting the structural repairs to be completed. The existing bridge 
is a steel girder structure approximately 300 feet long and 50 feet 7 
inches wide. Existing vertical clearance will remain the same at 7 feet 
at MLW. Horizontal clearance is currently 57 feet and the new clearance 
will 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 
will be reduced by six inches. The start of construction operations has 
been changed from the originally advertised September 1, 2014 to 
October 1, 2014. This change is reflected in the regulatory text below.
    The Coast Guard First District Commander has determined that this 
construction project poses dangers to the maritime public and this rule 
is necessary to ensure the safe transit of vessels in the area, and to 
protect all persons, vessels, and the marine environment.

C. Discussion of Comments, Changes and the Final Rule

    For the reasons discussed above, the Coast Guard is establishing a 
RNA on the navigable waters of the Piscataqua River surrounding Bridge 
1 which spans from Kittery, ME, to Seavey Island, ME from October 1, 
2014 to April 30, 2017.
    In order to mitigate the inherent risks involved in construction, 
it is necessary to control vessel movement through the area, therefore, 
the Coast Guard is establishing an RNA on the navigable waters of 
Piscataqua River surrounding Bridge 1 which spans from Kittery, ME, to 
Seavey Island, ME. Construction 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 will limit vessel 
speed and wake of all vessels operating in the vicinity of the bridge 
construction zone. This will be achieved by implementing a five (5) 
knot 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 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.

[[Page 62340]]

    The Coast Guard may close the RNA described in this rule to all 
vessel traffic during any circumstance that poses an imminent threat to 
waterway users operating in the area. Complete waterway closures will 
be made with as much advanced notice as possible.
    Further, the speed limit of five (5) knots will be in effect at all 
times within the RNA 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 steering. Mariners will 
be advised of all closure dates and times via Local Notice to Mariners 
and Broadcast Notice to Mariners in advance of closure times.
    The coordinates of this RNA described in this TFR differ slightly 
from those described in the NPRM because of a scrivener's error in the 
NPRM. The actual location of the RNA is all navigable waters of the 
Piscataqua River between Kittery, ME and Seavey Island, ME, from the 
surface to bottom, within a 300 yard radius of position 43[deg]05'06'' 
N, 070[deg]44'29'' W.

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 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 RNA only enforces a 
speed and wake restriction through a limited portion of the Piscataqua 
River, and will have limited traffic restrictions during operations 
involving bridge structural repairs, both planned and unforeseen 
therefore causing only a minimal 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 received no 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.
    This rule will 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 October 1, 2014 to 
April 30, 2017. The Coast Guard expects no significant economic impact 
on a substantial number of small entities, as mentioned in the 
REGULATORY PLANNING AND REVIEW section above, because this rule only 
requires vessels to reduce their speed through a limited portion of the 
Piscataqua River outside of the main channel and will have limited 
traffic restrictions during operations involving bridge structural 
repairs, both planned and unforeseen therefore causing only a minimal 
delay to a vessel's transit.

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 will 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,

[[Page 62341]]

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 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 the establishment of a RNA and thus, 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 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, 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 43[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) Any vessel transiting through the RNA must make a direct 
passage. No vessel may stop, moor, anchor or loiter within the RNA at 
any time unless they are working on the bridge construction. Movement 
within the RNA is subject to a ``Slow-No Wake'' speed limit. 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 
steering.
    (3) There may be times that the First District Commander or the 
Captain of the Port (COTP) finds it necessary to close the RNA to 
vessel traffic. During times of limited closure, persons and vessels 
may request permission to enter the RNA by contacting the COTP or the 
COTP's on-scene representative on VHF-16 or via phone at 207-767-0303.
    (4) Any vessels transiting in the RNA 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.
    (5) All other relevant regulations, including but not limited to 
the Rules of the Road, as codified in 33 CFR Subchapter E, Inland 
Navigational Rules, remain in effect within the RNA 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 October 1, 2014 until 11:59 p.m. on April 30, 
2017.
    (d) Notification. The Coast Guard will rely on the methods 
described in 33 CFR 165.7 to notify the public of the time and duration 
of any closure of the RNA. Violations of this RNA may be reported to 
the COTP at 207-767-0303 or on VHF-Channel 16.

    Dated: September 30, 2014.
V. B. Gifford,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 2014-24771 Filed 10-16-14; 8:45 am]
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