Regulated Navigation Area; Original Waldo-Hancock Bridge Removal, Penobscot River, Bucksport, ME, 41717-41720 [2012-17221]
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Federal Register / Vol. 77, No. 136 / Monday, July 16, 2012 / Proposed Rules
the direct final rule. If the Department
receives no significant adverse comment
during the comment period, no further
action on this proposed rule will be
taken. If, however, the Department
receives significant adverse comment,
the Department will withdraw the direct
final rule and it will not take effect. In
that case, the Department will address
all public comments in a subsequent
final rule based on this proposed rule.
The Department will not institute a
second comment period on this rule.
Any parties interested in commenting
must do so during this comment period.
DATES: Comments must be received on
or before August 15, 2012.
ADDRESSES: Written comments may be
submitted to the addresses specified
below. All comments will be made
available to the public. Warning: Do not
include any personally identifiable
information (such as name, address, or
other contact information) or
confidential business information that
you do not want publicly disclosed. All
comments may be posted on the Internet
and can be retrieved by most Internet
search engines. Comments may be
submitted anonymously.
Comments, identified by RIN 1210–
AB54, may be submitted by one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Email: e-ORI@dol.gov.
• Mail or Hand Delivery: Office of
Regulations and Interpretations,
Employee Benefits Security
Administration, Room N–5655, U.S.
Department of Labor, 200 Constitution
Avenue NW., Washington, DC 20210,
Attention: RIN 1210–AB54; Class
Exemption Notice—Web Submission.
Comments received by the
Department of Labor may be posted
without change to https://www.
regulations.gov and https://www.dol.gov/
ebsa, and will be made available for
public inspection at the Public
Disclosure Room, N–1513, Employee
Benefits Security Administration, 200
Constitution Avenue NW., Washington,
DC 20210.
FOR FURTHER INFORMATION CONTACT:
Allison Wielobob, Office of Regulations
and Interpretations, Employee Benefits
Security Administration, (202) 693–
8500. This is not a toll-free number.
SUPPLEMENTARY INFORMATION: As noted
above, in the ‘‘Rules and Regulations’’
section of today’s Federal Register, the
direct final rule being published makes
technical changes to the Department’s
existing fiduciary-level fee disclosure
regulation under ERISA section
408(b)(2) (the ‘‘408(b)(2) regulation’’).
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The 408(b)(2) regulation includes a class
exemption provision (in paragraph
(c)(1)(ix)) pursuant to which ‘‘innocent’’
responsible plan fiduciaries may obtain
relief when they unknowingly receive
incomplete or incorrect disclosures from
a covered service provider. In certain
circumstances, the responsible plan
fiduciary, in order to obtain relief, must
file a notice with the Department of
Labor concerning the covered service
provider’s failure (paragraph
(c)(1)(ix)(C)). The final rule provides
that notices may be sent to a
Departmental mailing address or
submitted electronically to a specified
email address (paragraph (c)(1)(ix)(F)).
The direct final rule amends this
paragraph of the 408(b)(2) regulation to
provide that notices may be sent to a
revised Departmental mailing address
or, in lieu of the previously furnished
email address, pursuant to separate
instructions provided by the
Department. Such instructions will
enable submission through a dedicated
link on the Department’s Web site, at
www.dol.gov/ebsa/regs/
feedisclosurefailurenotice.html. The
amendment proposed by this notice is
the same as the amendment contained
in the direct final rule. Please refer to
the preamble and regulatory text of the
direct final rule for further information
and the actual text of the amendment.
Additionally, all information regarding
Statutory and Executive Orders for this
proposed rule can be found in the
SUPPLEMENTARY INFORMATION section of
the direct final rule.
Signed at Washington, DC, this 2nd day of
July 2012.
Phyllis C. Borzi,
Assistant Secretary, Employee Benefits
Security Administration, Department of
Labor.
[FR Doc. 2012–17012 Filed 7–13–12; 8:45 am]
BILLING CODE 4510–29–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2012–0394]
RIN 1625–AA11
Regulated Navigation Area; Original
Waldo-Hancock Bridge Removal,
Penobscot River, Bucksport, ME
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a regulated navigation area
SUMMARY:
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41717
(RNA) on the navigable waters of the
Penobscot River near Bucksport, ME,
under and surrounding the original
Waldo-Hancock Bridge in order to
facilitate the removal of the center span.
This NPRM is necessary to provide for
the safety of life on the navigable waters
during bridge deconstruction operations
that could pose an imminent hazard to
vessels operating in the area. This rule
would implement certain safety
measures, including speed restrictions
and the temporary suspension of vessel
traffic during removal operations.
DATES: Comments and related material
must be received by the Coast Guard on
or before August 15, 2012. Requests for
public meetings must be received by the
Coast Guard on or before July 23, 2012.
ADDRESSES: You may submit comments
identified by docket number USCG–
2012–0394 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Ensign Elizabeth V. Morris,
Waterways Management Division at
Coast Guard Sector Northern New
England, telephone 207–741–5440,
email Elizabeth.V.Morris@uscg.mil; or
Lieutenant Isaac M. Slavitt, Waterways
Management at Coast Guard First
District, telephone 617–223–8385, email
Isaac.M.Slavitt@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
ACOE Army Corps of Engineers
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
MEDOT Maine Department of
Transportation
NPRM Notice of Proposed Rulemaking
RNA Regulated Navigation Area
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Federal Register / Vol. 77, No. 136 / Monday, July 16, 2012 / Proposed Rules
A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
1. Submitting Comments
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2012–0394),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online at https://
www.regulations.gov, or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online, it will be considered
received by the Coast Guard when you
successfully transmit the comment. If
you fax, hand deliver, or mail your
comment, it will be considered as
having been received by the Coast
Guard when it is received at the Docket
Management Facility. We recommend
that you include your name and a
mailing address, an email address, or a
telephone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number (USCG–2012–0394) in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
Comment’’ on the line associated with
this proposed rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number (USCG–2012–0394) in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
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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.
3. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one, using one of the methods
specified under ADDRESSES. Please
explain why you believe a public
meeting would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
B. Regulatory History and Information
On December 16, 2011 the Coast
Guard conducted a meeting with the
Maine Department of Transportation
(MEDOT) to discuss future bridge
projects throughout the State of Maine.
During that meeting, the Coast Guard
informed MEDOT that the
deconstruction of the original WaldoHancock Bridge would require an RNA.
Minutes from this meeting are available
in the docket.
C. 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 purpose of this proposed rule is
to ensure the safe transit of vessels in
the area, and to protect all persons,
vessels, and the marine environment
during demolition operations of the
original Waldo-Hancock Bridge.
D. Discussion of Proposed Rule
The removal of the original WaldoHancock Bridge involves large
machinery and construction vessel
operations above and in the navigable
waters of the Penobscot River. The
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ongoing operations are, by their nature,
hazardous and pose risks both to
recreational and commercial traffic as
well as to the construction crew. In
order to mitigate the inherent risks
involved with the removal of a bridge,
it is necessary to control vessel
movement through the area. The
purpose of this proposed rule is to
ensure the safety of waterway users, the
public, and construction workers for the
duration of the original Waldo-Hancock
Bridge removal from September 1, 2012
through June 30, 2013. 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
proposed RNA will limit vessel speed
and wake of all vessels operating in the
vicinity of the bridge removal zone. This
will be achieved by enforcing a five knot
speed limit and ‘‘NO WAKE’’ zone in
the vicinity of the original WaldoHancock Bridge removal 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.
Under this proposed regulation, the
Coast Guard may close the regulated
area described in this rule to all vessel
traffic during circumstances that pose
an imminent threat to waterway users
operating in the area. Complete
waterway closures will be made with as
much advanced notice as possible. The
following anticipated closures dates will
be enforced for the purpose of bridge
removal: October 1, 2012; October 4–9,
2012; November 12–27, 2012; December
3–7, 2012; and January 7–11, 2013. In
addition, the Army Corps of Engineers
(ACOE) will perform a suspender cut
test during the course of deconstruction.
The Coast Guard anticipates a closure
date of September 25, 2012, from 9 a.m.
to 12 p.m. to facilitate the ACOE’s test.
Please note that specific closure dates
and times will be noted in the final
rulemaking.
The Captain of the Port (COTP) Sector
Northern New England will cause notice
of enforcement, suspension of
enforcement, or closure of this RNA to
be made by appropriate means to ensure
the widest distribution among the
affected segments of the public. Such
means of notification may include, but
are not limited to, Broadcast Notice to
Mariners and Local Notice to Mariners.
In addition, the COTP maintains a
telephone line that is staffed 24 hours a
day, seven days a week. The public can
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Federal Register / Vol. 77, No. 136 / Monday, July 16, 2012 / Proposed Rules
obtain information concerning
enforcement of the regulated navigation
area by contacting Coast Guard Sector
Northern New England Command
Center at (207) 767–0303.
E. Regulatory Analyses
We developed this proposed 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.
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
1. Regulatory Planning and Review
This proposed 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
regulated navigation area only requires
vessels to reduce speed through a
limited portion of the Penobscot River,
therefore causing only a minimal delay
to a vessel’s transit. In addition, periods
when the RNA is closed to all traffic are
expected to be during seasons of low
traffic volume, and we will give advance
notice of such closures. Please note that
specific closure dates and times will be
noted in the final rulemaking.
2. Impact on Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
the impact of this proposed rule on
small entities. The Coast Guard certifies
under 5 U.S.C. 605(b) that this proposed
rule will not have a significant
economic impact on a substantial
number of small entities.
This proposed rule would affect the
following entities, some of which might
be small entities: owners or operators of
vessels intending to transit, fish, or
anchor in the vicinity of the Original
Waldo-Hancock Bridge.
The proposed rule would not have a
significant economic impact on a
substantial number of small entities for
the following reasons: periods when the
RNA is closed to all traffic are expected
to be during seasons of low traffic
volume, also, vessels will be required to
reduce speed through a limited portion
of the Penobscot River, and, therefore,
will only be caused a minimal delay.
Notifications will include, but are not
limited to, the Local Notice to Mariners
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and Broadcast Notice to Mariners to
inform the public before, during, and at
the conclusion of any RNA enforcement
period.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed 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, above. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
4. Collection of Information
This proposed 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 proposed 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
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41719
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
proposed 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 proposed 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 proposed 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 From
Environmental Health Risks
We have analyzed this proposed 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 proposed 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 proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use because it is not a
‘‘significant regulatory action’’ under
Executive Order 12866 and is not likely
to have a significant adverse effect on
the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
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Federal Register / Vol. 77, No. 136 / Monday, July 16, 2012 / Proposed Rules
13. Technical Standards
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. Environment
We have analyzed this proposed 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 proposed rule involves the
establishment of an RNA. This proposed
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 is
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 proposed 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 proposes to
amend 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.
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
2. Add § 165.T01–0394 to read as
follows:
§ 165.T01–0394 Regulated Navigation
Area; Original Waldo-Hancock Bridge
Removal, Penobscot River, Bucksport, ME.
(a) Location. The following area is a
Regulated Navigation Area (RNA): All
navigable waters of Penobscot River
between Bucksport, ME and Verona,
ME, from surface to bottom, within a
300 yard radius of position 44°33′38″ N,
068°48′05″ W.
(b) Regulations.
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(1) The general regulations contained
in 33 CFR 165.10, 165.11, and 165.13
apply within the RNA.
(2) In accordance with the general
regulations, entry into or movement
within this zone, during periods of
enforcement, is prohibited unless
authorized by 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 regulated area and all vessels
must proceed through the area with
caution and operate in such a manner as
to produce no wake.
(5) During periods of enforcement,
vessels 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; 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) During periods of enforcement,
upon being hailed by a U.S. Coast Guard
vessel by siren, radio, flashing light or
other means, the operator of the vessel
must proceed as directed.
(7) All other relevant regulations,
including but not limited to the Rules of
the Road (33 CFR part 84—subchapter
E, Inland Navigational Rules) remain in
effect within the regulated area and
must be strictly followed at all times.
(c) Enforcement Period. This
regulation is enforceable 24 hours a day
from 5 a.m. on September 1, 2012 until
11:59 p.m. on June 30, 2013.
(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
and Local Notice to Mariners.
(2) Violations of this RNA may be
reported to the COTP at 207–767–0303
or on VHF–Channel 16.
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Dated: June 29, 2012.
D.B. Abel,
Rear Admiral, U.S. Coast Guard Commander,
First Coast Guard District.
[FR Doc. 2012–17221 Filed 7–13–12; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 261
[EPA–R01–RCRA–2012–0447; FRL–9699–4]
Hazardous Waste Management
System; Identification and Listing of
Hazardous Waste; Proposed Exclusion
Environmental Protection
Agency (EPA).
ACTION: Proposed rule and request for
comment.
AGENCY:
The EPA (also, ‘‘the Agency’’
or ‘‘we’’ in this preamble) is proposing
to grant a petition submitted by
International Business Machines
Corporation (IBM), in Essex Junction,
Vermont to exclude (or ‘‘delist’’) up to
3,150 cubic yards per calendar year of
F006 wastewater treatment sludge
generated by IBM’s Industrial Waste
Treatment System from the list of
hazardous wastes.
The Agency has tentatively decided to
grant the petition based on an
evaluation of waste-specific information
provided by IBM. This proposed
decision, if finalized, would
conditionally exclude the petitioned
waste from the requirements of
hazardous waste regulations under the
Resource Conservation and Recovery
Act (RCRA).
This exclusion would be valid only
when the wastewater treatment sludge
is disposed of in a Subtitle D landfill
which is permitted, licensed, or
otherwise authorized by a State to
manage industrial solid waste.
If finalized, EPA would conclude that
IBM’s petitioned waste is nonhazardous
with respect to the original listing
criteria and that there are no other
factors which would cause the waste to
be hazardous.
DATES: Comments must be received on
or before August 15, 2012. EPA will
stamp comments received after the close
of the comment period as late. These
late comments may not be considered in
formulating a final decision. Any person
may request a hearing on the proposed
decision by filing a request to EPA by
July 31, 2012. The request must contain
the information prescribed in 40 CFR
260.20(d).
SUMMARY:
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]]>Agencies
[Federal Register Volume 77, Number 136 (Monday, July 16, 2012)]
[Proposed Rules]
[Pages 41717-41720]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17221]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0394]
RIN 1625-AA11
Regulated Navigation Area; Original Waldo-Hancock Bridge Removal,
Penobscot River, Bucksport, ME
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a regulated navigation
area (RNA) on the navigable waters of the Penobscot River near
Bucksport, ME, under and surrounding the original Waldo-Hancock Bridge
in order to facilitate the removal of the center span. This NPRM is
necessary to provide for the safety of life on the navigable waters
during bridge deconstruction operations that could pose an imminent
hazard to vessels operating in the area. This rule would implement
certain safety measures, including speed restrictions and the temporary
suspension of vessel traffic during removal operations.
DATES: Comments and related material must be received by the Coast
Guard on or before August 15, 2012. Requests for public meetings must
be received by the Coast Guard on or before July 23, 2012.
ADDRESSES: You may submit comments identified by docket number USCG-
2012-0394 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ensign Elizabeth V. Morris, Waterways Management Division
at Coast Guard Sector Northern New England, telephone 207-741-5440,
email Elizabeth.V.Morris@uscg.mil; or Lieutenant Isaac M. Slavitt,
Waterways Management at Coast Guard First District, telephone 617-223-
8385, email Isaac.M.Slavitt@uscg.mil. If you have questions on viewing
or submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
ACOE Army Corps of Engineers
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
MEDOT Maine Department of Transportation
NPRM Notice of Proposed Rulemaking
RNA Regulated Navigation Area
[[Page 41718]]
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2012-0394), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online at https://www.regulations.gov, or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online, it will be considered received by the Coast Guard when
you successfully transmit the comment. If you fax, hand deliver, or
mail your comment, it will be considered as having been received by the
Coast Guard when it is received at the Docket Management Facility. We
recommend that you include your name and a mailing address, an email
address, or a telephone number in the body of your document so that we
can contact you if we have questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
type the docket number (USCG-2012-0394) in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this proposed rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
type the docket number (USCG-2012-0394) 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.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
B. Regulatory History and Information
On December 16, 2011 the Coast Guard conducted a meeting with the
Maine Department of Transportation (MEDOT) to discuss future bridge
projects throughout the State of Maine. During that meeting, the Coast
Guard informed MEDOT that the deconstruction of the original Waldo-
Hancock Bridge would require an RNA. Minutes from this meeting are
available in the docket.
C. 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 purpose of this proposed rule is to ensure the safe transit of
vessels in the area, and to protect all persons, vessels, and the
marine environment during demolition operations of the original Waldo-
Hancock Bridge.
D. Discussion of Proposed Rule
The removal of the original Waldo-Hancock Bridge involves large
machinery and construction vessel operations above and in the navigable
waters of the Penobscot River. The ongoing operations are, by their
nature, hazardous and pose risks both to recreational and commercial
traffic as well as to the construction crew. In order to mitigate the
inherent risks involved with the removal of a bridge, it is necessary
to control vessel movement through the area. The purpose of this
proposed rule is to ensure the safety of waterway users, the public,
and construction workers for the duration of the original Waldo-Hancock
Bridge removal from September 1, 2012 through June 30, 2013. 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 proposed RNA will limit vessel speed and wake of all vessels
operating in the vicinity of the bridge removal zone. This will be
achieved by enforcing a five knot speed limit and ``NO WAKE'' zone in
the vicinity of the original Waldo-Hancock Bridge removal 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.
Under this proposed regulation, the Coast Guard may close the
regulated area described in this rule to all vessel traffic during
circumstances that pose an imminent threat to waterway users operating
in the area. Complete waterway closures will be made with as much
advanced notice as possible. The following anticipated closures dates
will be enforced for the purpose of bridge removal: October 1, 2012;
October 4-9, 2012; November 12-27, 2012; December 3-7, 2012; and
January 7-11, 2013. In addition, the Army Corps of Engineers (ACOE)
will perform a suspender cut test during the course of deconstruction.
The Coast Guard anticipates a closure date of September 25, 2012, from
9 a.m. to 12 p.m. to facilitate the ACOE's test. Please note that
specific closure dates and times will be noted in the final rulemaking.
The Captain of the Port (COTP) Sector Northern New England will
cause notice of enforcement, suspension of enforcement, or closure of
this RNA to be made by appropriate means to ensure the widest
distribution among the affected segments of the public. Such means of
notification may include, but are not limited to, Broadcast Notice to
Mariners and Local Notice to Mariners. In addition, the COTP maintains
a telephone line that is staffed 24 hours a day, seven days a week. The
public can
[[Page 41719]]
obtain information concerning enforcement of the regulated navigation
area by contacting Coast Guard Sector Northern New England Command
Center at (207) 767-0303.
E. Regulatory Analyses
We developed this proposed 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 proposed 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 regulated navigation area only requires vessels to reduce speed
through a limited portion of the Penobscot River, therefore causing
only a minimal delay to a vessel's transit. In addition, periods when
the RNA is closed to all traffic are expected to be during seasons of
low traffic volume, and we will give advance notice of such closures.
Please note that specific closure dates and times will be noted in the
final rulemaking.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities.
This proposed rule would affect the following entities, some of
which might be small entities: owners or operators of vessels intending
to transit, fish, or anchor in the vicinity of the Original Waldo-
Hancock Bridge.
The proposed rule would not have a significant economic impact on a
substantial number of small entities for the following reasons: periods
when the RNA is closed to all traffic are expected to be during seasons
of low traffic volume, also, vessels will be required to reduce speed
through a limited portion of the Penobscot River, and, therefore, will
only be caused a minimal delay. Notifications will include, but are not
limited to, the Local Notice to Mariners and Broadcast Notice to
Mariners to inform the public before, during, and at the conclusion of
any RNA enforcement period.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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, above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
4. Collection of Information
This proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 From Environmental Health Risks
We have analyzed this proposed 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 proposed 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 proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use because it is
not a ``significant regulatory action'' under Executive Order 12866 and
is not likely to have a significant adverse effect on the supply,
distribution, or use of energy. The Administrator of the Office of
Information and Regulatory Affairs has not designated it as a
significant energy action. Therefore, it does not require a Statement
of Energy Effects under Executive Order 13211.
[[Page 41720]]
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed 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 proposed rule involves the establishment of an RNA. This
proposed 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 is 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 proposed 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 proposes
to amend 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 Sec. 165.T01-0394 to read as follows:
Sec. 165.T01-0394 Regulated Navigation Area; Original Waldo-Hancock
Bridge Removal, Penobscot River, Bucksport, ME.
(a) Location. The following area is a Regulated Navigation Area
(RNA): All navigable waters of Penobscot River between Bucksport, ME
and Verona, ME, from surface to bottom, within a 300 yard radius of
position 44[deg]33'38'' N, 068[deg]48'05'' W.
(b) Regulations.
(1) The general regulations contained in 33 CFR 165.10, 165.11, and
165.13 apply within the RNA.
(2) In accordance with the general regulations, entry into or
movement within this zone, during periods of enforcement, is prohibited
unless authorized by 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 regulated area and all vessels must proceed
through the area with caution and operate in such a manner as to
produce no wake.
(5) During periods of enforcement, vessels 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; 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) During periods of enforcement, upon being hailed by a U.S.
Coast Guard vessel by siren, radio, flashing light or other means, the
operator of the vessel must proceed as directed.
(7) All other relevant regulations, including but not limited to
the Rules of the Road (33 CFR part 84--subchapter E, Inland
Navigational Rules) remain in effect within the regulated area and must
be strictly followed at all times.
(c) Enforcement Period. This regulation is enforceable 24 hours a
day from 5 a.m. on September 1, 2012 until 11:59 p.m. on June 30, 2013.
(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 and Local Notice to Mariners.
(2) Violations of this RNA may be reported to the COTP at 207-767-
0303 or on VHF-Channel 16.
Dated: June 29, 2012.
D.B. Abel,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 2012-17221 Filed 7-13-12; 8:45 am]
BILLING CODE 9110-04-P
