[Federal Register Volume 82, Number 204 (Tuesday, October 24, 2017)]
[Rules and Regulations]
[Pages 49106-49110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23049]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0890]
RIN 1625-AA11


Regulated Navigation Area; Beals Island Bridge Replacement, 
Moosabec Reach, Jonesport, ME

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule; request for comments.

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SUMMARY: The Coast Guard is establishing a temporary Regulated 
Navigation Area (RNA) for the navigable waters within 150-yards of the 
Beals Island Bridge between Jonesport, ME, and Beals Island, ME. The 
RNA is needed to protect personnel, vessels, and the marine environment 
from the potential hazards created by the demolition, subsequent 
removal, and replacement of the Beals Island Bridge. This RNA will 
establish speed and beam restrictions on vessels transiting the 
regulated area during bridge replacement operations. This rule will 
also allow the Coast Guard to prohibit vessel traffic through the RNA 
when necessary.

DATES: This rule is effective without actual notice from October 24, 
2017 through January 31, 2021. For the purposes of enforcement, actual 
notice will be used from October 15, 2017, through October 24, 2017.
    Comments and related material must be received by the Coast Guard 
on or before January 22, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0890 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Craig Lapiejko, Waterways Management, First Coast 
Guard District; telephone (617) 223-8351, email 
[email protected]. You may also call or email Chief Petty 
Officer Chris Bains, Waterways Management Division, U.S. Coast Guard 
Sector Northern New England, telephone (207) 347-5003, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
RNA Regulated Navigation Area
MEDOT Maine Department of Transportation

II. Background Information and Regulatory History

    On June 27, 2017, the U. S. Coast Guard District One Bridge Branch

[[Page 49107]]

issued a permit approving the construction of the Beals Island Bridge 
across the Moosabec Reach in Jonesport, Maine. On September 11, 2017, 
the contractor selected for the project submitted their request to the 
Waterways Management Division of U. S. Coast Guard Sector Northern New 
England. The COTP Sector Northern New England has determined that an 
RNA will be required to enforce speed, wake, and beam restrictions, as 
well as provide for intermittent closure of the waterway during the 
construction of the replacement bridge and subsequent demolition of the 
original structure.
    This project will start on October 15, 2017, and be completed by 
January 31, 2021. During this project, replacement and removal of the 
original structure will take place. To accomplish these tasks, a 
temporary structure will be built under the original structure to 
facilitate construction. This temporary structure will require all 
vessel traffic to use the main navigational channel, beneath the 
bridge's center span, to transit through the bridge. The temporary 
structure will continue to limit vessels transiting through the bridge 
to a beam of less than 75 feet. The temporary structure will be lit 
every 50 feet and the foundation will encroach on the new navigational 
channel. The Coast Guard will issue a Broadcast Notice to Mariners via 
marine channel 16 (VHF-FM) with as much advanced notice as possible for 
any period of waterway closure or as soon as practicable in response to 
an emergency. If the project is completed prior to January 31, 2021, 
enforcement of the RNA will be suspended and notice given via Broadcast 
Notice to Mariners.
    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM with respect to this rule 
because doing so would be impracticable and contrary to the public 
interest. The late finalization of project details did not give the 
Coast Guard enough time to publish an NPRM, take public comments, and 
issue a final rule before the construction work is set to begin. It 
would be impracticable and contrary to the public interest to delay 
promulgating this rule as it is necessary to respond to the potential 
safety hazards associated with the bridge replacement project beginning 
on October 15, 2017.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. For reasons stated in 
the preceding paragraph, delaying the implementation of this rule would 
be impracticable and contrary to the public interest.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231.
    The Coast Guard First District Commander has determined that 
potential hazards exist associated with the bridge replacement project 
starting on October 15, 2017, and continuing through January 31, 2021. 
This rule is needed to control vessel movement, and to protect all 
persons, vessels, construction crews, and the marine environment during 
the Beals Island Bridge replacement and demolition project on the 
Moosabec Reach between Jonesport, ME, and Beals Island, ME.

IV. Discussion of the Rule

    This rule establishes a Regulated Navigation Area from October 15, 
2017, through January 31, 2021. The RNA will cover all navigable waters 
from surface to bottom of the Moosabec Reach within 150 yards of the 
Beals Island Bridge, ME.
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[GRAPHIC] [TIFF OMITTED] TR24OC17.006

BILLING CODE 9110-04-C
    The vessels operating within the RNA are subject to a ``Slow-No 
Wake'' speed limit. More specifically, 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 RNA also 
establishes a beam restriction on vessels transiting the regulated area 
and prohibits vessels whose beam exceeds 75 feet from transiting the 
Beals Island Bridge unless authorized by the First District Commander 
or the COTP, Sector Northern New England. Vessels will be limited to 
using only the main navigational channel, under the bridge's center 
span, to transit through the bridge. While the majority of construction 
activities during the span of this project will not require waterway 
closures, certain tasks can only be completed in the channel and will 
require closing the waterway. Currently, we only expect two closures 
lasting less than 8 hours each. The Coast Guard may also need to 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.
    The Coast Guard will notify the public and local mariners of this 
RNA through appropriate means, which may

[[Page 49109]]

include, but are not limited to, publication in the Local Notice to 
Mariners and Broadcast Notice to Mariners via marine Channel 16 (VHF-
FM) in advance of any closure.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, it has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive order 13771.
    The Coast Guard has determined that this rulemaking is not a 
significant regulatory action. The RNA only impacts a small designated 
area of the Moosabec Reach and permits the majority of typical vessel 
traffic on the Moosabec Reach to continue to transit the waterway. 
Additionally, it is currently anticipated the RNA will be closed to all 
traffic on two brief occasions, each lasting less than 8 hours. Any 
other periods during which the RNA is closed to all traffic will be 
infrequent and as short in duration as possible. The Coast Guard will 
notify the public of the enforcement of this rule via appropriate 
means, such as via Local Notice to Mariners and Broadcast Notice to 
Mariners.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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 rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
RNA may be small entities, for the reasons stated in section V.A., this 
rule will not have a significant economic impact on any vessel owner or 
operator.
    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 
section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. 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.

F. 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 (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 a temporary RNA for the navigable waters within 150-yards 
of Beals Island Bridge between Jonesport, ME, and Beals Island, ME. It 
is categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. A Record of Environmental 
Consideration for Categorically Excluded Actions is available in the 
docket where indicated under ADDRESSES.

G. 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.

VI. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape this rulemaking. We may change this 
rule in view of them. If you submit a comment, please include the 
docket number for this rulemaking, indicate the specific

[[Page 49110]]

section of this document to which each comment applies, and provide a 
reason for each suggestion or recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this TFR as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts; you will be notified when comments are posted or if a 
revised final rule is published.

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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T01-0890 to read as follows:


Sec.  165.T01-0890   Regulated Navigation Area; Beals Island Bridge 
Replacement, Moosabec Reach, Jonesport, ME.

    (a) Regulated Navigation Area boundaries. The following area is a 
Regulated Navigation Area (RNA): All navigable waters of the Moosabec 
Reach between Jonesport, ME, and Beals, ME, from surface to bottom, 
within 150-yards of the Beals Island Bridge. Encompassed by a line 
connecting the following points 44[deg]31'19.8'' N., 67[deg]36'44.1'' 
W. and then west along the shoreline to a point on land at position 
44[deg]31'20.1'' N., 67[deg]36'57.9'' W. and then north across the 
channel to a point on land at position 44[deg]31'39.1'' N., 
67[deg]37'01.7'' W. and then east along the shoreline to a point on 
land at position 44[deg]31'41.3'' N., 67[deg]36'48.9'' W. 
3[deg]10'04.944'' W. and then south across the channel back to the 
point of origin. These coordinates are based on [NAD 83].
    (b) Regulations. The general regulations contained in 33 CFR 165.13 
apply within the RNA.
    (1) Any vessel transiting through the Beals Island Bridge must make 
a direct passage using the main channel under the center span. No 
vessel may stop, moor, anchor, or loiter within the RNA at any time 
unless they are working on the bridge construction or have received 
prior authorization by the First District Commander or the Captain of 
the Port (COTP), Sector Northern New England, or his designated 
representative.
    (2) Movement within this RNA is subject to a ``Slow-No Wake'' speed 
limit. No vessels may produce a wake nor attain speeds greater than 
five (5) knots unless a higher minimum speed is necessary to maintain 
bare steerageway.
    (3) No vessel with a beam greater than 75 feet may transit this 
area unless they receive advance authorization by the First District 
Commander or the Captain of the Port (COTP), Sector Northern New 
England.
    (4) There may be times that the First District Commander or the 
COTP finds it necessary to close the RNA to vessel traffic. 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. 
During periods of closure, persons and vessels may request permission 
to enter and transit the RNA by contacting the COTP or the COTP's on-
scene representative on VHF-16 or via phone at 207-767-0303.
    (5) Any vessels transiting within this 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; or other designated 
craft; or 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) 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 this RNA and must be 
strictly followed at all times.
    (d) Penalties. Those who violate this section are subject to the 
penalties set forth in 33 U.S.C. 1232.
    (e) Enforcement period. This RNA's speed and beam restrictions are 
enforceable 24 hours a day as long as this RNA is in place. The Coast 
Guard will enforce waterway closures only when necessary to protect 
people and vessels from hazards associated with bridge construction.
    (f) Notification. Coast Guard Sector Northern New England will give 
notice through the Local Notice to Mariners and Broadcast Notice to 
Mariners regarding enforcement of this RNA. Coast Guard Sector Northern 
New England will also notify the public to the greatest extent possible 
of any period in which the Coast Guard will suspend enforcement of this 
RNA.

    Dated: October 12, 2017.
S.D. Poulin,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2017-23049 Filed 10-23-17; 8:45 am]
 BILLING CODE 9110-04-P