[Federal Register Volume 85, Number 171 (Wednesday, September 2, 2020)]
[Rules and Regulations]
[Pages 54499-54501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18196]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0447]
RIN 1625-AA00


Safety Zone; Beals Island Bridge Demolition, Moosabec Reach, 
Jonesport, ME

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of Moosabec Reach, ME within a 500-yard radius of the 
Beals Island Bridge between Jonesport, ME and Beals Island, ME. The 
Safety Zone is needed to protect personnel, vessels, and the marine 
environment from the potential hazards created by underwater explosives 
demolition of the Beals Island Bridge. This Safety Zone prohibits 
persons and vessels from being in the safety zones unless authorized by 
Sector Northern New England COTP or their Designated Representative.

DATES: This rule is effective without actual notice from September 2, 
2020 through 31 October 2020. For the purposes of enforcement, actual 
notice will be used from 17 August 2020 through September 2, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0447 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 Chief Marine Science Technician Thomas Watts, Sector 
Northern New England Waterways Management Division, U.S. Coast Guard; 
telephone 207-347-5003, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    On June 27, 2017, the U.S. Coast Guard District One Bridge Branch 
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 determined that an RNA 
would 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. On October 24, 2017, the Coast Guard published a 
TFR entitled ``Regulated Navigation Area; Beals Island Bridge 
Replacement, Moosabec Reach, Jonesport, ME'' in the Federal Register 
(82 FR 49106) that would allow the Coast Guard to enforce speed and 
wake restrictions and prohibit vessel traffic through the RNA during 
bridge replacement operations on the Beals Island Bridge that could 
pose an imminent hazard to persons and vessels operating in the area. 
This rule would allow the Coast Guard to enforce additional navigation 
restrictions and prohibit vessel traffic during drilling, blasting, and 
dredging operations in support of the bridge replacement project.
    In June 2020 the project manager for the Beals Island Bridge 
notified Coast Guard that the demolition plan had been revised to 
include underwater explosive demolition of the old Beals Island Bridge. 
The contractor requested the Coast Guard create a safety zone to 
prohibit vessels and persons within a 250-foot radius of the old bridge 
and

[[Page 54500]]

any vessel movement within 500-yards during each blasting event in 
accordance with 29 CFR 1926.912. During this approximate 60-minute 
window, no vessels or persons will be authorized within the safety zone 
unless authorized by the Sector Northern New England COTP or Designated 
Representative.
    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 a notice of proposed rulemaking (NPRM) 
with respect to this rule because the schedule for the demolition of 
old Beals Island Bridge was only recently finalized and timely action 
is needed to respond to the potential safety hazards associated with 
this demolition project. It is impracticable and contrary to the public 
interest to publish an NPRM in order to establish this safety zone by 
17 August 2020 to allow for the timely demolition of old Beals Island 
Bridge and promote the safety of the public.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The COTP has determined that potential hazards associated with 
underwater explosives demolition will be a safety concern for anyone 
within a 500-yard radius of the old Beals Island Bridge. This rule is 
needed to protect personnel, vessels, and the marine environment in the 
navigable waters within the safety zone during underwater explosives 
demolition of the old Beals Island Bridge.

IV. Discussion of the Rule

    This rule establishes a safety zone from 08:00 a.m. August 17, 2020 
through 11:59 p.m. October 31, 2020. Currently there are six blast 
events requiring closures lasting approximately one hour each. The zone 
will only be enforced during the periods of demolition. Notification of 
enforcement and blasting will be made with as much advanced notice as 
possible with no less than 48 hours. The safety zone covers all 
navigable waters of the Moosabec Reach, within approximately 500 yards 
of any portion of the old Beals Island Bridge approximate position 
44[deg]31'28'' N, 067[deg]36'53'' W (NAD 83). Although we expect the 
blasting to be completed by October 11, 2020, we are publishing this 
rulemaking to be effective, and enforceable, through October 31, 2020 
in case the project is delayed due to unforeseen circumstances.
    The duration of the zone is intended to protect personnel, vessels, 
and the marine environment in these navigable waters while the old 
Beals Island Bridge is demolished for eventual removal. No vessel or 
person will be permitted to enter the safety zone without obtaining 
permission from the Sector Northern New England COTP or designated 
representative.
    The Coast Guard will notify the public and local mariners of this 
safety zone through the Local Notice to Mariners and/or Broadcast 
Notice to Mariners via VHF-FM marine channel 16 in advance of any 
scheduled enforcement period.

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, this rule 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.
    This regulatory action determination is based on the size, 
location, time of day, and the duration of enforcement of the safety 
zone. Although vessel traffic will not be able to safely transit around 
this safety zone when enforced, the zone will only be enforced during 
the blasting events. As a result, enforcement of the safety zone will 
be limited in duration, likely only one hour during each of the six 
events. Additionally, the Coast Guard will issue Broadcast Notice to 
Mariners via VHF-FM marine channel 16 about the zone and the rule 
allows vessels to seek permission to enter the zone.

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 
safety zone may be small entities, for the reasons stated in section 
V.A above, 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 
call or email 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

[[Page 54501]]

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.

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 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), 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 
safety zone lasting approximately 60 minutes during six separate 
blasting events that will prohibit entry within 500-yards of the old 
Beals Island Bridge. It is categorically excluded from further review 
under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 
023-01-001-01, Rev. 1. A Record of Environmental Consideration 
supporting this determination is available in the docket. For 
instructions on locating the docket, see the ADDRESSES section of this 
preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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.

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:  46 U.S.C. 70034, 70051; 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.T01-0447 to read as follows:


Sec.  165.T01-0447  Safety Zone; Beals Island Bridge Demolition, 
Moosabec Reach, Jonesport, ME.

    (a) Location. The following area is a safety zone: All waters from 
surface to bottom of Moosabec Reach within 500-yards of the old Beals 
Island Bridge, at approximate position 44[deg]31'28'' N, 
067[deg]36'53'' W (NAD 83).
    (b) Definitions. The following definitions apply to this section:
    (1) Designated Representative. A ``Designated Representative'' is 
any Coast Guard Commissioned, Warrant or Petty Officer who has been 
designated by the Captain of the Port, Sector Northern New England 
(COTP), to act on his or her behalf. The Designated Representative may 
be on an official patrol vessel or may be on shore and will communicate 
with vessels via VHF-FM radio or loudhailer. In addition, members of 
the Coast Guard Auxiliary may be present to inform vessel operators of 
this regulation.
    (2) Official patrol vessels. Official patrol vessels may consist of 
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement 
vessels assigned or approved by the COTP.
    (c) Enforcement Periods. (1) This safety zone is effective from 
August 17, 2020 to October 31, 2020 but will only be enforced when 
bridge blasting operations are in progress.
    (2) The Coast Guard will utilize marine broadcasts and local notice 
to mariners to notify the public of the time and duration that the 
safety zone will be enforced. Violations of this safety zone may be 
reported to the COTP or the Designated Representative via VHF channel 
16 or (207) 741-5465 (Coast Guard Sector Northern New England Command 
Center).
    (d) Regulations. (1) The general regulations contained in 33 CFR 
165.23, as well as the following regulations, apply.
    (2) No person or vessel is allowed within the safety zones unless 
authorized by the cognizant Captain of the Port or their Designated 
Representative.
    (3) During periods of enforcement, all persons and vessels must 
comply with all orders and directions from the COTP or a COTP's 
designated representative.
    (4) 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.

    Dated: August 13, 2020.
B.J. LeFebvre,
Captain, U.S. Coast Guard, Captain of the Port, Sector Northern New 
England.
[FR Doc. 2020-18196 Filed 9-1-20; 8:45 am]
BILLING CODE 9110-04-P