49106 Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Rules and Regulations 

D. Federalism and Indian Tribal 

Government 

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 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a determination that this 

action is one of a category of actions 

which do not individually or 

cumulatively have a significant effect on 

the human environment. This rule 

simply promulgates the operating 

regulations or procedures for 

drawbridges. This action is categorically 

excluded from further review, under 

figure 2–1, paragraph (32)(e), of the 

Instruction. A preliminary Record of 

Environmental Consideration and a 

Memorandum for the Record are not 

required for this rule. 

G. 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. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. In § 117.799, effective from 12:01 

a.m. on October 24, 2017, through 11:59 

p.m. on November 13, 2017, suspend 

paragraph (e)(1) and add paragraph 

(e)(4) to read as follows: 

§ 117.799 Long Island, New York Inland 

Waterway from East Rockaway Inlet to 

Shinnecock Canal. 

* * * * * 

(e) * * * 

(4) The Atlantic Beach Bridge will 

open only one of two bascule spans on 

signal for bridge openings from 7 a.m. 

Monday through 6 p.m. Friday. Dual 

lift-span operations will occur for 

vessels requiring such an opening 

provided a 48 hour advance notice and 

24 hour advance confirmation has been 

furnished from 7 a.m. Monday through 

6 p.m. Friday. The bridge will open 

fully on signal on weekends from 6 p.m. 

Friday through 7 a.m. Monday. 

* * * * * 

Dated: October 6, 2017. 

S.D. Poulin, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District. 

[FR Doc. 2017–23053 Filed 10–23–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–0890] 

RIN 1625–AA11 

Regulated Navigation Area; Beals 

Island Bridge Replacement, Moosabec 

Reach, Jonesport, ME 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule; request for 

comments. 

SUMMARY: The Coast Guard is 

establishing a temporary Regulated 

Navigation Area (RNA) for the navigable 

waters within 150-yards of the Beals 

Island Bridge between Jonesport, ME, 

and Beals Island, ME. The RNA is 

needed to protect personnel, vessels, 

and the marine environment from the 

potential hazards created by the 

demolition, subsequent removal, and 

replacement of the Beals Island Bridge. 

This RNA will establish speed and beam 

restrictions on vessels transiting the 

regulated area during bridge 

replacement operations. This rule will 

also allow the Coast Guard to prohibit 

vessel traffic through the RNA when 

necessary. 

DATES: This rule is effective without 

actual notice from October 24, 2017 

through January 31, 2021. For the 

purposes of enforcement, actual notice 

will be used from October 15, 2017, 

through October 24, 2017. 

Comments and related material must 

be received by the Coast Guard on or 

before January 22, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2017– 

0890 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 Mr. Craig Lapiejko, Waterways 

Management, First Coast Guard District; 

telephone (617) 223–8351, email 

Craig.D.Lapiejko@uscg.mil. You may 

also call or email Chief Petty Officer 

Chris Bains, Waterways Management 

Division, U.S. Coast Guard Sector 

Northern New England, telephone (207) 

347–5003, email Chris.D.Bains@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

RNA Regulated Navigation Area 

MEDOT Maine Department of 

Transportation 

II. Background Information and 

Regulatory History 

On June 27, 2017, the U. S. Coast 

Guard District One Bridge Branch 


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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 has determined that an 

RNA will 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. 

This project will start on October 15, 

2017, and be completed by January 31, 

2021. During this project, replacement 

and removal of the original structure 

will take place. To accomplish these 

tasks, a temporary structure will be built 

under the original structure to facilitate 

construction. This temporary structure 

will require all vessel traffic to use the 

main navigational channel, beneath the 

bridge’s center span, to transit through 

the bridge. The temporary structure will 

continue to limit vessels transiting 

through the bridge to a beam of less than 

75 feet. The temporary structure will be 

lit every 50 feet and the foundation will 

encroach on the new navigational 

channel. The Coast Guard will issue a 

Broadcast Notice to Mariners via marine 

channel 16 (VHF–FM) with as much 

advanced notice as possible for any 

period of waterway closure or as soon 

as practicable in response to an 

emergency. If the project is completed 

prior to January 31, 2021, enforcement 

of the RNA will be suspended and 

notice given via Broadcast Notice to 

Mariners. 

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 an 

NPRM with respect to this rule because 

doing so would be impracticable and 

contrary to the public interest. The late 

finalization of project details did not 

give the Coast Guard enough time to 

publish an NPRM, take public 

comments, and issue a final rule before 

the construction work is set to begin. It 

would be impracticable and contrary to 

the public interest to delay 

promulgating this rule as it is necessary 

to respond to the potential safety 

hazards associated with the bridge 

replacement project beginning on 

October 15, 2017. 

We are issuing this rule, and under 5 

U.S.C. 553(d)(3), the Coast Guard finds 

that good cause exists for making it 

effective less than 30 days after 

publication in the Federal Register. For 

reasons stated in the preceding 

paragraph, delaying the implementation 

of this rule would be impracticable and 

contrary to the public interest. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 1231. 

The Coast Guard First District 

Commander has determined that 

potential hazards exist associated with 

the bridge replacement project starting 

on October 15, 2017, and continuing 

through January 31, 2021. This rule is 

needed to control vessel movement, and 

to protect all persons, vessels, 

construction crews, and the marine 

environment during the Beals Island 

Bridge replacement and demolition 

project on the Moosabec Reach between 

Jonesport, ME, and Beals Island, ME. 

IV. Discussion of the Rule 

This rule establishes a Regulated 

Navigation Area from October 15, 2017, 

through January 31, 2021. The RNA will 

cover all navigable waters from surface 

to bottom of the Moosabec Reach within 

150 yards of the Beals Island Bridge, 

ME. 

BILLING CODE 9110–04–P 


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49108 Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Rules and Regulations 

BILLING CODE 9110–04–C 

The vessels operating within the RNA 

are subject to a ‘‘Slow-No Wake’’ speed 

limit. More specifically, 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 steerageway. This RNA also 

establishes a beam restriction on vessels 

transiting the regulated area and 

prohibits vessels whose beam exceeds 

75 feet from transiting the Beals Island 

Bridge unless authorized by the First 

District Commander or the COTP, Sector 

Northern New England. Vessels will be 

limited to using only the main 

navigational channel, under the bridge’s 

center span, to transit through the 

bridge. While the majority of 

construction activities during the span 

of this project will not require waterway 

closures, certain tasks can only be 

completed in the channel and will 

require closing the waterway. Currently, 

we only expect two closures lasting less 

than 8 hours each. The Coast Guard may 

also need to 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. 

The Coast Guard will notify the 

public and local mariners of this RNA 

through appropriate means, which may 


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Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Rules and Regulations 49109 

include, but are not limited to, 

publication in the Local Notice to 

Mariners and Broadcast Notice to 

Mariners via marine Channel 16 (VHF– 

FM) in advance of any closure. 

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, it 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. 

The Coast Guard has determined that 

this rulemaking is not a significant 

regulatory action. The RNA only 

impacts a small designated area of the 

Moosabec Reach and permits the 

majority of typical vessel traffic on the 

Moosabec Reach to continue to transit 

the waterway. Additionally, it is 

currently anticipated the RNA will be 

closed to all traffic on two brief 

occasions, each lasting less than 8 

hours. Any other periods during which 

the RNA is closed to all traffic will be 

infrequent and as short in duration as 

possible. The Coast Guard will notify 

the public of the enforcement of this 

rule via appropriate means, such as via 

Local Notice to Mariners and Broadcast 

Notice to Mariners. 

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 RNA 

may be small entities, for the reasons 

stated in section V.A., 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 contact 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. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

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 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

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 

temporary RNA for the navigable waters 

within 150-yards of Beals Island Bridge 

between Jonesport, ME, and Beals 

Island, ME. It is categorically excluded 

from further review under paragraph 

34(g) of Figure 2–1 of the Commandant 

Instruction. A Record of Environmental 

Consideration for Categorically 

Excluded Actions is available in the 

docket where indicated under 

ADDRESSES. 

G. 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. 

VI. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape this 

rulemaking. We may change this rule in 

view of them. If you submit a comment, 

please include the docket number for 

this rulemaking, indicate the specific 


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49110 Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Rules and Regulations 

section of this document to which each 

comment applies, and provide a reason 

for each suggestion or recommendation. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at http://

www.regulations.gov. If your material 

cannot be submitted using http://

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. All 

comments received will be posted 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

the docket, visit http://

www.regulations.gov/privacyNotice. 

Documents mentioned in this TFR as 

being available in the docket, and all 

public comments, will be in our online 

docket at http://www.regulations.gov 

and can be viewed by following that 

Web site’s instructions. Additionally, if 

you go to the online docket and sign up 

for email alerts; you will be notified 

when comments are posted or if a 

revised final rule is published. 

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; 50 U.S.C. 191; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T01–0890 to read as 

follows: 

§ 165.T01–0890 Regulated Navigation 

Area; Beals Island Bridge Replacement, 

Moosabec Reach, Jonesport, ME. 

(a) Regulated Navigation Area 

boundaries. The following area is a 

Regulated Navigation Area (RNA): All 

navigable waters of the Moosabec Reach 

between Jonesport, ME, and Beals, ME, 

from surface to bottom, within 150- 

yards of the Beals Island Bridge. 

Encompassed by a line connecting the 

following points 44°31′19.8′′ N., 

67°36′44.1′′ W. and then west along the 

shoreline to a point on land at position 

44°31′20.1′′ N., 67°36′57.9′′ W. and then 

north across the channel to a point on 

land at position 44°31′39.1′′ N., 

67°37′01.7′′ W. and then east along the 

shoreline to a point on land at position 

44°31′41.3′′ N., 67°36′48.9′′ W. 

3°10′04.944′′ W. and then south across 

the channel back to the point of origin. 

These coordinates are based on [NAD 

83]. 

(b) Regulations. The general 

regulations contained in 33 CFR 165.13 

apply within the RNA. 

(1) Any vessel transiting through the 

Beals Island Bridge must make a direct 

passage using the main channel under 

the center span. No vessel may stop, 

moor, anchor, or loiter within the RNA 

at any time unless they are working on 

the bridge construction or have received 

prior authorization by the First District 

Commander or the Captain of the Port 

(COTP), Sector Northern New England, 

or his designated representative. 

(2) Movement within this RNA is 

subject to a ‘‘Slow-No Wake’’ speed 

limit. No vessels may produce a wake 

nor attain speeds greater than five (5) 

knots unless a higher minimum speed is 

necessary to maintain bare steerageway. 

(3) No vessel with a beam greater than 

75 feet may transit this area unless they 

receive advance authorization by the 

First District Commander or the Captain 

of the Port (COTP), Sector Northern 

New England. 

(4) There may be times that the First 

District Commander or the COTP finds 

it necessary to close the RNA to vessel 

traffic. 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. 

During periods of closure, persons and 

vessels may request permission to enter 

and transit the RNA by contacting the 

COTP or the COTP’s on-scene 

representative on VHF–16 or via phone 

at 207–767–0303. 

(5) Any vessels transiting within this 

RNA must comply with all directions 

given to them by the COTP or the 

COTP’s on-scene 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; or other designated craft; or 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, as codified in 33 CFR 

Subchapter E, Inland Navigational 

Rules, remain in effect within this RNA 

and must be strictly followed at all 

times. 

(d) Penalties. Those who violate this 

section are subject to the penalties set 

forth in 33 U.S.C. 1232. 

(e) Enforcement period. This RNA’s 

speed and beam restrictions are 

enforceable 24 hours a day as long as 

this RNA is in place. The Coast Guard 

will enforce waterway closures only 

when necessary to protect people and 

vessels from hazards associated with 

bridge construction. 

(f) Notification. Coast Guard Sector 

Northern New England will give notice 

through the Local Notice to Mariners 

and Broadcast Notice to Mariners 

regarding enforcement of this RNA. 

Coast Guard Sector Northern New 

England will also notify the public to 

the greatest extent possible of any 

period in which the Coast Guard will 

suspend enforcement of this RNA. 

Dated: October 12, 2017. 

S.D. Poulin, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District. 

[FR Doc. 2017–23049 Filed 10–23–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–0982] 

RIN 1625–AA00 

Safety Zone; Mamala Bay, Oahu, HI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: On October 10, 2017, the 

fishing vessel PACIFIC PARADISE ran 

aground off of the navigable waters of 

Mamala Bay near Waikiki at Kaimana 

Beach, Oahu, Hawaii. On October 11, 

2017, the Coast Guard established for 

seven days a temporary safety zone 

encompassing all waters extending 500 

yards in all directions around the 

grounded fishing vessel located 

approximately 350 yards southwest of 

Kaimana Beach in position 21°15.69′ N.; 

157°49.49′ W. to assist with vessel 

salvage operations. On October 18, 2017 

the Coast Guard will extend the safety 

zone for two additional weeks while 

salvage operations continue. The 

temporary safety zone currently 

stationary around the grounded vessel 

will become a moving safety zone 

during the salvage and removal 

operation and remain a moving safety 

zone so until the towing operation is 

complete. During salvage and removal 

operations, the zone will continue to 


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