62338 Federal Register / Vol. 79, No. 201 / Friday, October 17, 2014 / Rules and Regulations 

203.8, across Newport River in 

Morehead City, NC. This bridge is 

presently maintained in the open 

position except when closure is 

necessary for train crossings. This 

deviation allows the bridge to remain 

closed to navigation from 9 a.m. to noon 

and again from 1 p.m. to 3 p.m. every 

day, from November 3 through 

November 7, 2014, so that necessary 

maintenance may be made. 

DATES: This deviation is effective from 

9 a.m., on Monday, November 3, 2014 

until 3 p.m., on Friday, November 7, 

2014. 

ADDRESSES: The docket for this 

deviation [USCG–2014–0890] is 

available at 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 deviation. 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 temporary 

deviation, call or email Terrance 

Knowles, Environmental Protection 

Specialist, Coast Guard; telephone 757– 

398–6587, email Terrance.A.Knowles@

uscg.mil. If you have questions on 

viewing the docket, call Cheryl Collins, 

Program Manager, Docket Operations, at 

202–366–9826. 

SUPPLEMENTARY INFORMATION: The North 

Carolina Department of Transportation, 

who owns and operates this basculetype railroad drawbridge, has requested 

a temporary deviation from the current 

operating regulations to facilitate the 

maintenance and steel work on the 

structure. The Carolina Coastal Railroad 

Bridge, at AICW mile 203.8, across 

Newport River in Morehead City, NC, 

has a vertical clearance in the closed to 

navigation position of 4 feet above mean 

high water. 

The current regulations, under the 

general requirements set out at 33 CFR 

117.5, require that the drawbridge shall 

open promptly and fully for the passage 

of vessels when a request to open is 

given. However, the drawbridge is 

currently maintained in the open to 

navigation position at all times and 

closes for passing trains. 

Under this temporary deviation, the 

bridge will be closed-to-navigation for 

maintenance and steel work on the 

structure, from 9 a.m. to noon, and again 

from 1 p.m. to 3 p.m., every day from 

November 3 through November 7, 2014. 

Vessels able to pass through the bridge 

in the closed position may do so at any 

time. The bridge will be able to open, 

from noon to 1 p.m., each day to 

accommodate vessel traffic during the 

deviation period. Also, the bridge can be 

opened for emergencies and there is an 

alternate route for vessels through 

Beaufort Channel with no additional 

travel time. 

The Coast Guard will inform the users 

of the waterway through Local and 

Broadcast Notice to Mariners of the 

temporary deviation in operating 

schedule for the bridge so that vessels 

can arrange their transit plans 

accordingly. Vessel traffic along this 

part of the Atlantic Intracoastal 

Waterway consists of commercial and 

pleasure craft including sail boats, 

fishing boats, and tug and barge traffic, 

that transit mainly during the daylight 

hours with the occasional tug and barge 

traffic at night. Waterway traffic consists 

of fishing boats, recreational boats, tugs, 

and barges. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: October 6, 2014. 

Waverly W. Gregory, Jr., 

Bridge Program Manager, Fifth Coast Guard 

District. 

[FR Doc. 2014–24774 Filed 10–16–14; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2014–0877] 

Drawbridge Operation Regulation; 

Atlantic Intracoastal Waterway (AIWW), 

Chesapeake, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulations. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the I–64 (High 

Rise) Bridge across the AIWW, South 

Branch of the Elizabeth River, mile 7.1, 

at Chesapeake, VA. This deviation is 

necessary to facilitate maintenance work 

on the movable spans drive machinery. 

This temporary deviation allows the 

drawbridge to remain in the closed to 

navigation position. 

DATES: This deviation is effective from 

12:01 a.m. on November 1, 2014 to noon 

on November 2, 2014. 

ADDRESSES: The docket for this 

deviation, [USCG–2014–0877] is 

available at 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 deviation. 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 temporary 

deviation, call or email Mrs. Kashanda 

Booker, Bridge Administration Branch 

Fifth District, Coast Guard; telephone 

(757) 398–6227, email 

Kashanda.l.booker@uscg.mil. If you 

have questions on reviewing the docket, 

call Cheryl Collins, Program Manager, 

Docket Operations, (202) 366–9826. 

SUPPLEMENTARY INFORMATION: The 

Virginia Department of Transportation, 

who owns and operates this bridge, has 

requested a temporary deviation from 

the current operating regulation set out 

in 33 CFR 117.997(e), to facilitate 

maintenance of the moveable spans on 

the structure. 

The current operating schedule for the 

bridge is set out in 33 CFR 117.997(e) 

which requires the bridge open on 

signal if at least 24 hours notice is given. 

The High Rise Bridge has vertical 

clearances in the closed position of 65 

feet above mean high water. 

Under this temporary deviation, the 

drawbridge will be closed to navigation 

from 12:01 a.m. on November 1, 2014 to 

noon on November 2, 2014. Emergency 

openings cannot be provided. 

Vessels able to pass under the bridge 

in the closed position may do so at any 

time and are advised to proceed with 

caution. There are currently no alternate 

routes. The Coast Guard will also inform 

additional waterway users through our 

Local and Broadcast Notices to Mariners 

of the closure periods for the bridge so 

that vessels can arrange their transits to 

minimize any impacts caused by the 

temporary deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

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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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