[Federal Register Volume 79, Number 195 (Wednesday, October 8, 2014)]
[Rules and Regulations]
[Pages 60745-60748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24080]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0214]
RIN 1625-AA11


Regulated Navigation Area; South Bristol Gut Bridge Replacement, 
South Bristol, 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 Gut in South Bristol, ME in 
support of bridge construction. This regulated navigation area allows 
the Coast Guard to enforce speed and wake restrictions and prohibit all 
vessel traffic through the regulated navigation area 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: This rule is effective without actual notice from October 8, 
2014 until April 30, 2017. For the purposes of enforcement, actual 
notice will be used from the date the rule was signed, September 19, 
2014, until October 8, 2014.

ADDRESSES: Documents mentioned in this preamble as being available in 
the docket, are part of docket [USCG-2014-0214]. To view documents 
mentioned in this preamble, 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 Chief Craig D. Lapiejko, Waterways Management at Coast Guard First 
District, at (617) 223-8385 or email at <a href="/cdn-cgi/l/email-protection#5a19283b333d741e74163b2a333f3031351a2f29393d74373336"><span class="__cf_email__" data-cfemail="490a3b28202e670d67052839202c232226093c3a2a2e67242025">[email protected]</span></a>; or 
Lieutenant Junior Grade David B. Bourbeau, Waterways Management 
Division Chief at Coast Guard Sector Northern New England, at (207) 
347-5015 or email at <a href="/cdn-cgi/l/email-protection#7c381d0a15185228523e13090e1e191d093c090f1f1b52111510"><span class="__cf_email__" data-cfemail="3074514659541e641e725f45425255514570454353571e5d595c">[email protected]</span></a>. If you have questions 
on viewing or submitting material to the docket, call Cheryl Collins, 
Program Manager, Docket Operations, at (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register

A. Regulatory History and Information

    On January 24, 2014, Sector Northern New England received notice of 
a proposed replacement of The Gut Bridge in South Bristol, ME between 
Rutherford Island and Bristol Neck. A Bridge Permit was awarded to 
Maine Department of Transportation (MEDOT) on April 15, 2014 to begin 
in accordance with Plans dated September 24, 2013.
    MEDOT held seven public meetings between June 2009 and August 2013 
and mariners have expressed no significant concerns.
    On November 8, 2013, Public Notice 1-132 was disseminated by the 
First Coast Guard District. This notice included the official plans 
being submitted for approval of a bridge permit and solicited comments 
from the public. Twenty-five comments were received. All comments were 
in support of burying the existing overhead electrical cables rather 
than allowing them to remain in place above the water. There were no 
comments received in opposition of the proposed construction project or 
potential closures to the channel.
    On July 25, 2014, the Coast Guard published a notice of proposed 
rulemaking (NPRM) regarding the creation of this regulated navigation 
area. No comments were received during the public comment period of the 
NPRM.
    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 effectiveness of this 
rule would be impracticable and contrary to the public interest as 
immediate action is needed to protect the boating public from the 
hazards associated with a dangerous construction site. The Coast Guard 
finds it impractical and unnecessary to move the start of construction 
to

[[Page 60746]]

accommodate the 30-day delayed effective date. The public has known 
about this pending construction through public meetings and publication 
of an NPRM for more than a year, so delaying an additional thirty days 
is unnecessary. The regulated area is small in scope and will only be 
enforced as needed for boating safety in the affected waters. The most 
significant impact on the boating public will not take place until 
2015.

B. Basis and Purpose

    Under the Ports and Waterways Safety Act, the Coast Guard has the 
authority to establish regulated navigation areas 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.
    Starting in September 2014, MEDOT is replacing the existing movable 
bobtail swing bridge over The Gut, which carries State Route 129 from 
Bristol Neck to Rutherford Island, with a movable trunnion-style lift 
bridge on the same alignment. The project is necessary to replace a 
structurally and operationally deficient bridge that has exceeded its 
useful life. The new bridge will measure approximately 68 feet in 
length and will be 41 feet wide out-to-out. All parts of the existing 
bridge will be removed in their entirety. Before demolition of the 
existing bridge commences, a temporary fixed detour bridge will be 
constructed on the east side of the existing bridge to provide for 
vehicular and pedestrian traffic throughout the project. This temporary 
bridge will not be movable and will have a fixed vertical clearance of 
3 feet 11 inches. The existing bridge has a vertical clearance of 4 
feet 2 inches when closed.
    The First District Commander has determined that this bridge 
construction project will pose a risk to vessels transiting the waters 
in the vicinity of the Route 129 bridge at Bristol Neck and Rutherford 
Island. The purpose of this 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 Gut in South Bristol, ME, between Rutherford Island and Bristol 
Neck.

C. Discussion of Final Rule

    In order to mitigate the inherent risks involved in construction, 
it is necessary to control vessel movement through the area. 
Accordingly, the Coast Guard is establishing a regulated navigation 
area on the navigable waters of The Gut in the vicinity of South 
Bristol, ME. Generally, this RNA imposes two requirements on the 
public. Each is discussed further below.
    First, this RNA imposes a speed restriction on vessels within the 
RNA. 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 will limit vessel speed and 
wake 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 within the regulated area. 
While in the RNA, all vessels must proceed with caution and operate in 
such a manner as to produce no wake unless a higher minimum speed is 
necessary to maintain steering.
    The second requirement imposed by this rule pertains to waterway 
closures. When necessary for safety, this RNA will prohibit vessel 
access to the regulated area. This will ensure that vessels are only 
permitted to transit the area when it is safe to do so. The Coast Guard 
may close the regulated area 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. At present, the Coast 
Guard is aware of one 213-day closure that will begin on or after 
September 10, 2015 and will end on or prior to May 22, 2016. Vessels 
will not be permitted to transit through ``The Gut'' for the duration 
of this 213-day closure. In addition, shorter duration channel closures 
may be enforced between October 15, 2014 and April 30, 2015 and between 
October 15, 2015 and April 30, 2016 between the hours of 9:00 a.m. and 
3:00 p.m. and between the hours of 10:00 p.m. and 4:00 a.m. These 
shorter closures will occur only as required to safely perform 
operations in the channel. Marine traffic will be detoured around 
Rutherford Island during all closure periods. Transit time around 
Rutherford Island is approximately 20-60 minutes for mariners.
    Generally, except in the case of the aforementioned 213-day period 
which will require closure of the channel 24-hours per day, the Coast 
Guard intends to enforce the speed restrictions and the waterway 
closures only during limited hours of the day to minimize impacts on 
vessel traffic. The public will be advised of the enforcement dates and 
times of this RNA via Local Notice to Mariners, Broadcast Notice to 
Mariners, and other means described in 33 CFR 165.7. Such notices will 
be provided in advance of closure times.

D. 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 or 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 mariners are able to make a 
short transit (approximately 20-60 minutes) around Rutherford Island to 
reach any destination on the other side of The Gut.

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 rule 
will not have a significant economic impact on a substantial number of 
small entities.
    This rule would not affect small entities, because all areas of the 
waterway are accessible and an alternate route is provided to mariners 
during the full closure of the bridge.

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 would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for

[[Page 60747]]

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 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 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 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 would not create an 
environmental risk to health or risk to safety that might 
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, 
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 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 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 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 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.

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.T01-0214 to read as follows:


Sec.  165.T01-0214  Regulated Navigation Area; South Bristol Gut Bridge 
Replacement, South Bristol, ME.

    (a) Location. The following area is a Regulated Navigation Area 
(RNA): All navigable waters of The Gut in South Bristol, ME, from 
surface to bottom, within a 300 yard radius of position 43[deg]51'43'' 
N, 069[deg]33'30'' W.
    (b) Regulations. (1) The general regulations contained in 33 CFR 
165.11 and 165.13 apply within the RNA.
    (2) In accordance with the general regulations, entry into or 
movement within this RNA, during periods of enforcement, is prohibited 
unless authorized by the First District Commander or 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 knots will 
be in effect 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.
    (5) Vessels permitted to enter the RNA during periods of 
enforcement must comply with all directions given to them by the First 
District Commander, COTP, or the COTP's on-scene representative. The 
``on-scene representative'' of the COTP is any

[[Page 60748]]

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) All other relevant regulations, including but not limited to 
the Rules of the Road (33 CFR chapter I, subchapter E) remain in effect 
within the regulated area and must be strictly followed at all times.
    (c) Effective and enforcement period. This regulation is effective 
and enforceable 24 hours a day from 12:01 a.m. on September 19, 2014, 
until 11:59 p.m. on April 30, 2017.
    (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, Local Notice to Mariners, and other means described 
in 33 CFR 165.7.
    (2) Violations of this RNA may be reported to the COTP at (207) 
767-0303 or on VHF-Channel 16.

    Dated: September 19, 2014.
V.B. Gifford,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 2014-24080 Filed 10-7-14; 8:45 am]
BILLING CODE 9110-04-P


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