Federal Register / Vol. 79, No. 201 / Friday, October 17, 2014 / Rules and Regulations 62339 

Dated: October 6, 2014. 

Waverly W. Gregory, Jr. 

Bridge Program Manager, Fifth Coast Guard 

District. 

[FR Doc. 2014–24772 Filed 10–16–14; 8:45 am] 

BILLING CODE 9110–04–P 

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. 

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 David.T.Bourbeau@

uscg.mil. 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. 

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62340 Federal Register / Vol. 79, No. 201 / Friday, October 17, 2014 / Rules and Regulations 

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°05′06′′ N, 070°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, 

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Federal Register / Vol. 79, No. 201 / Friday, October 17, 2014 / Rules and Regulations 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 

■ 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. 

■ 2. Add § 165.T01–0215 to read as 

follows: 

§ 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°05′06′′ N, 

070°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 onscene 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] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2014–0917] 

RIN 1625–AA00 

Safety Zone; English Station 

Emergency Environmental Response; 

Mill River; New Haven, CT 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters of the Mill River, 

in New Haven, CT for the English 

Station Emergency Environmental 

Response. This action is necessary to 

provide for the safety of life on 

navigable waters during the response. 

Entering into, transiting through, 

remaining, anchoring or mooring within 

this safety zone is prohibited unless 

authorized by the Captain of the Port 

(COTP) Sector Long Island Sound. 

DATES: This rule is effective without 

actual notice from October 17, 2014 

until November 30, 2014. For the 

purposes of enforcement, actual notice 

will be used from the date the rule was 

signed, October 3, 2014, until October 

17, 2014. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket [USCG– 

2014–0917]. 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 or 

email Petty Officer Ian M. Fallon, 

mstockstill on DSK4VPTVN1PROD with RULES