[Federal Register Volume 86, Number 158 (Thursday, August 19, 2021)]
[Rules and Regulations]
[Pages 46601-46603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17753]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0519]
RIN 1625-AA00


Safety Zone; SML Bridge Repairs, Portsmouth, NH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain navigable waters on the Piscataqua River in Portsmouth, New 
Hampshire. The safety zone is needed to protect personnel, vessels, and 
the marine environment from potential hazards created by cross-channel 
repair work on the submarine cables and removal of concrete cable mats 
on the Sarah Mildred Long Bridge in Portsmouth, NH. Entry of vessels or 
persons into this zone is prohibited unless specifically authorized by 
the Captain of the Port Northern New England (COTP) or a Designated 
Representative.

DATES: This rule is effective without actual notice from August 19, 
2021, through October 31, 2021. For the purposes of enforcement, actual 
notice will be used from September 1, 2021, until August 19, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0519 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Shaun Doyle, Sector Northern New England Waterways 
Management Division, U.S. Coast Guard; telephone 207-347-5015, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Northern New England
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    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 we must establish the temporary 
safety zone by September 1, 2021, for this unscheduled critical repair 
work and insufficient time exists to execute the full NPRM process. 
Additionally, delaying the effective date of this rule would be 
contrary to the public interest as it is necessary to establish this 
safety zone to protect personnel and vessels from hazards associated 
with submarine cable repairs and concrete mat removal on the Sarah 
Mildred Long Bridge.
    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. Delaying the effective date of 
this rule would be impracticable because immediate action is needed to 
respond to the potential safety hazards associated with submarine cable 
repairs and concrete mat removal on the Sarah Mildred Long Bridge.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Northern New 
England (COTP) has determined that potential hazards associated with 
submarine cable repairs and concrete mat removal starting September 1, 
2021, will be a safety concern for anyone within a 100-yard radius of 
crane barges

[[Page 46602]]

and associated machinery conducting repairs to the Sarah Mildred Long 
Bridge. This rule is needed to protect personnel, vessels, and the 
marine environment in the navigable waters within the safety zone while 
the bridge is being repaired.

IV. Discussion of the Rule

    This rule establishes a safety zone from September 1, 2021 through 
October 31, 2021. The safety zone will cover all navigable waters 
within a 100-yard radius of crane barges and associated machinery 
conducting repairs on the Sarah Mildred Long Bridge. The safety zone 
will be enforced during 4.5 hour periods around slack tide, either once 
or twice a day, on each prescribed day within the effective period 
listed above. During periods of enforcement, the Sarah Mildred Long 
Bridge will remain in the closed position and all vessels will be 
prohibited from transiting under the bridge. The duration of the zone 
is intended to protect personnel, vessels, and the marine environment 
in these navigable waters while the bridge is being repaired. No vessel 
or person will be permitted to enter the safety zone without obtaining 
permission from the COTP or a Designated Representative.

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. 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).
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. The safety zone 
is only in effect for navigable waters within a 100-yard radius of 
crane barges and associated machinery conducting repairs on the Sarah 
Mildred Long Bridge. The safety zone will only be enforced during 4.5 
hour periods around slack tide, either once or twice a day, on each 
prescribed day while the crane barge is on site and actively engaged in 
bridge repairs. Persons or vessels desiring to enter the safety zone 
may do so with the permission from the COTP or a Designated 
Representative. The Coast Guard will notify the public of the 
enforcement of this rule through appropriate means, which may include, 
but are not limited to, publication in the Local Notice to Mariners and 
Broadcast Notice to Mariners via VHF-FM marine channel 16.

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 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 
establishing a safety zone on the Piscataqua River that will prohibit 
entry within a 100-yard radius of crane barges and associated machinery 
being used by personnel to repair the Sarah Mildred Long 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,

[[Page 46603]]

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, 
Revision No. 01.2.


0
2. Add Sec.  165.T01-0519 to read as follows:


Sec.  165.T01-0519  Safety Zone; SML Bridge Repairs, Portsmouth, NH.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Piscataqua River, from surface to bottom, within a 100-
yard radius around crane barges and associated machinery conducting 
repairs on the Sarah Mildred Long Bridge.
    (b) Definitions. As used in this section, Designated Representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port Northern New England (COTP) in the enforcement of 
the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's Designated Representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
Designated Representative via VHF-FM marine channel 16 or by contacting 
the Coast Guard Sector Northern New England Command Center at (207) 
741-5465. Those in the safety zone must comply with all lawful orders 
or directions given to them by the COTP or the COTP's Designated 
Representative.
    (d) Enforcement period. This section is effective from September 1, 
2021, through October 31, 2021, but will only be enforced during 
periods when bridge repairs are active. When enforced, the Sarah 
Mildred Long Bridge will remain in the closed position and all vessels 
will be prohibited from transiting under the bridge. The Coast Guard 
will notify the public of the enforcement of this rule through 
appropriate means, which may include, but are not limited to, 
publication in the Local Notice to Mariners and Broadcast Notice to 
Mariners via VHF-FM marine channel 16.

    Dated: August 4, 2021.
A.E. Florentino,
Captain, U.S. Coast Guard, Captain of the Port Northern New England.
[FR Doc. 2021-17753 Filed 8-18-21; 8:45 am]
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