Regulated Navigation Area; Portsmouth Naval Shipyard, Kittery, ME and Portsmouth, NH, 62368-62371 [2016-21757]
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Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations
through September 22, 2016 and
September 26, 2016 through September
29, 2016. The following week of October
3, 2016 through October 7, 2016 the
deviation will allow the bridge to
remain closed-to-navigation from 8 p.m.
until 4 a.m. daily Monday evening
through Friday morning.
The Norfolk Southern Railroad
vertical lift span drawbridge currently
operates in accordance with 33 CFR
117.5, which states the general
requirement that the drawbridge shall
open on signal. The bridge has a vertical
clearance of 18.3 feet above Bridge
Reference Elevation for Navigation
Clearance (BRENC), elevation 99.2 feet,
in the closed-to-navigation position and
72 feet above BRENC in the open-tonavigation position. Navigation on the
waterway consists primarily of tugs
with tows and occasional recreational
craft. The Coast Guard has coordinated
this temporary deviation with the
Warrior-Tombigbee Waterway
Association (WTWA). The WTWA
representative indicated that the vessel
operators will be able to schedule
transits through the bridge such that
operations will not significantly be
hindered. Thus, it has been determined
that this temporary deviation will not
have a significant effect on these
vessels.
Vessels able to pass through the
bridge in the closed position may do so
at anytime and should pass at the
slowest safe speed. The bridge will be
able to open for emergencies and there
are no immediate alternate routes for
vessels to pass.
The Coast Guard will also inform the
users of the waterways through our
Local and Broadcast Notices to Mariners
of the change in operating schedule for
the bridge.
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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Dated: September 6, 2016.
David M. Frank,
Bridge Administrator, Eighth Coast Guard
District.
[FR Doc. 2016–21778 Filed 9–8–16; 8:45 am]
BILLING CODE 9110–04–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2016–0855]
Drawbridge Operation Regulation;
Delaware River, Tacony, PA and
Palmyra, NJ
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the SR 73/
Tacony-Palmyra bridge, across the
Delaware River, mile 107.2, at Tacony,
PA and Palmyra, NJ. The deviation is
necessary to facilitate bridge
maintenance and repairs. This deviation
allows the bridge to remain in the
closed-to-navigation position.
DATES: The deviation is effective from 6
a.m. on Monday, September 12, 2016
through 6 p.m. on Friday, September 30,
2016.
ADDRESSES: The docket for this
deviation, [USCG–2016–0855] is
available at https://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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Mr. Michael
Thorogood, Bridge Administration
Branch Fifth District, Coast Guard,
telephone 757–398–6557, email
Michael.R.Thorogood@uscg.mil.
SUMMARY:
The
Burlington County Bridge Commission,
who owns and operates the SR 73/
Tacony-Palmyra bridge, has requested a
temporary deviation from the current
operating regulations set out in 33 CFR
117.716, to facilitate electrical
maintenance and repairs to the bridge.
Under this temporary deviation, the
bridge will remain in the closed-tonavigation position from 6 a.m. to 6
p.m., Monday–Friday, September 12,
2016 through September 16, 2016 and
September 19, 2016 through September
23, 2016. The bridge will also remain in
the closed-to-navigation position from 7
a.m. to 6 p.m. on alternative work dates
from September 26, 2016 through
September 30, 2016. The bridge is a
double bascule bridge and has a vertical
clearance in the closed-to-navigation
position of 50 feet above mean high
water.
SUPPLEMENTARY INFORMATION:
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The Delaware River is used by a
variety of vessels including U.S.
government and public vessels, large
commercial vessels, tug and barge traffic
and recreational vessels. The Coast
Guard has carefully coordinated the
restrictions with waterway users in
publishing this temporary deviation.
Vessels able to safely pass through the
bridge in the closed-to-navigation
position may do so at any time. The
bridge will not be able to open for
emergencies and there is no immediate
alternative route for vessels to pass. The
Coast Guard will also inform the users
of the waterway through our Local and
Broadcast Notices to Mariners of the
change in operating schedule for the
bridge so that vessel operators can
arrange their transits to minimize any
impact 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.
Dated: September 2, 2016.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard
District.
[FR Doc. 2016–21692 Filed 9–8–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2016–0513]
RIN 1625–AA11
Regulated Navigation Area;
Portsmouth Naval Shipyard, Kittery,
ME and Portsmouth, NH
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary regulated
navigation area (RNA) on the Piscataqua
River near the Portsmouth Naval
Shipyard, Kittery, ME between
Henderson Point Light on Seavey Island
and the Memorial Bridge. This RNA
establishes speed restrictions to
eliminate vessel wake which could
endanger the lives of divers and support
crews working at the Portsmouth Naval
Shipyard. The speed restrictions apply
to all vessels transiting the regulated
area unless authorized by the First Coast
Guard District Commander or the
SUMMARY:
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Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations
Captain of the Port (COTP), Sector
Northern New England.
DATES: This rule is effective from 12:01
a.m. on September 19, 2016 through
11:59 p.m. on November 2, 2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
0513 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
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CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
RNA Regulated Navigation Area
COTP Captain of the Port
II. Background Information and
Regulatory History
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 a
notice of proposed rulemaking (NPRM)
with respect to this rule because doing
so would be impracticable. The Coast
Guard was recently notified of the need
for this rule. This late notice did not
give the Coast Guard enough time to
publish a NPRM, take public comments,
and issue a final rule before the rule is
necessary. Delaying implementation of
this rule would be impracticable and
inhibit the Coast Guard’s ability to
provide for the safety of divers and
workers completing ship construction at
the Portsmouth Naval Shipyard.
Without the rule, wake from passing
vessels could cause the ship to move
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erratically and unexpectedly,
potentially injuring divers and support
crews.
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
would endanger workers.
III. Legal Authority and Need for Rule
Under the Ports and Waterways Safety
Act, the Coast Guard has the authority
to establish regulated navigation areas
in defined water areas that are
determined to have hazardous
conditions and in which vessel traffic
can be regulated in the interest of safety.
See 33 U.S.C. 1231; 50 U.S.C. 191; 33
CFR 1.05–1, 6.04–1, and 160.5; and
Department of Homeland Security
Delegation No. 0170.1.
As part of a ship construction project
at the Portsmouth Naval Shipyard,
divers will be working on the hull of a
vessel from September 19, 2016 through
November 2, 2016. The Coast Guard
First District Commander has
determined that unexpected and
uncontrolled movement of the vessel
and associated equipment due to a wake
puts the divers and their support crews
at significant risk for serious injury or
death. In order to ensure the safety of
workers during the construction period,
the Coast Guard is establishing an RNA
to limit the speed, thus wake, of all
vessels operating near the shipyard.
IV. Discussion of the Rule
This rule places speed restrictions on
all vessels transiting the navigable
waters of the Piscataqua River, Kittery,
ME near the Portsmouth Naval Shipyard
between Henderson Point Light on
Seavey Island and the Memorial Bridge
from 12:01 a.m. on September 19, 2016
through 11:59 p.m. on November 2,
2016. 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 bare steerageway.
The COTP Sector Northern New
England will cause notice of
enforcement or suspension of
enforcement of this regulated navigation
area to be made by all appropriate
means in order to affect the widest
distribution among the affected
segments of the public. Such means of
notification will include, but are not
limited to, Broadcast Notice to Mariners
and Local Notice to Mariners. In
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addition, COTP Northern New England
maintains a telephone line that is staffed
at all times. The public can obtain
information concerning enforcement of
the regulated navigation area by
contacting the Sector Northern New
England Command Center at (207) 767–
0303.
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 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. 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.
This regulatory action determination
is based on the size, location, duration,
and time-of-year of the regulated
navigation area. The public impact of
this rule will be minimal as the
temporary speed restrictions only apply
to a small designated area of the
Piscataqua River, causing minimal delay
to a vessel’s transit.
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 RNA may be
small entities, for the reasons stated in
section V.A above, 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
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Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations
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).
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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.
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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 an RNA
lasting 45 days that will limit vessel
speed on the Piscataqua River in
vicinity of the Portsmouth Naval
Shipyard while construction work is
being completed. It is categorically
excluded from further review under
paragraph 34(g) of Figure 2–1 of the
Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination
will be 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.
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 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
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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; Department of
Homeland Security Delegation No. 0170.1.
2. Add § 165.T01–0513 to read as
follows:
■
§ 165.T01–0513 Regulated Navigation
Area; Portsmouth Naval Shipyard, Kittery,
ME and Portsmouth, NH.
(a) Location. The following area is a
regulated navigation area (RNA): All
navigable waters on the Piscataqua
River, Kittery, ME and Portsmouth, NH
near Portsmouth Naval Shipyard from a
line drawn between Henderson Point
Light ‘‘10’’ (LLNR 8375) at 43°04′29.3″
N., 070°44′10.2″ W. on Seavey Island
and Pierce Island Range Front Light
(LLNR 8355) at 43°04′25.4″ N.,
070°44′25.2″ W. to the Memorial Bridge
at 43°04′46.8″ N., 070°45′09.6″ W.
(b) Regulations. (1) The general
regulations contained in 33 CFR 165.10,
165.11 and 165.13 apply.
(2) In accordance with the general
regulations, vessel movement within the
RNA is subject to a ‘‘Slow-No Wake’’
speed limit. No vessel may produce a
wake and may not attain speeds greater
than five (5) knots unless a higher
minimum speed is necessary to
maintain steerageway.
(3) All vessels operating within the
RNA must comply with all directions
given to them by the Captain of the Port
(COTP) Sector Northern New England or
his on-scene representative. The ‘‘onscene representative’’ of the COTP is
any Coast Guard commissioned,
warrant, or petty officer who has been
designated by the COTP to act on his
behalf. The on-scene representative may
be on a Coast Guard vessel, state marine
patrol vessel, another other designated
craft, or may be on shore and will
communicate with vessels via VHF–FM
radio or loudhailer. Members of the
Coast Guard Auxiliary or Naval Harbor
Security Patrol may be present to inform
vessel operators of this regulation.
(4) All other relevant regulations,
including but not limited to the Inland
Navigation Rules (33 CFR subchapter E),
remain in effect within the RNA and
must be strictly followed at all times.
(c) Enforcement period. This section
will be enforced 24 hours a day from
September 19, 2016 through November
2, 2016.
(d) Notifications. Violations of this
section may be reported to the COTP at
(207) 767–0303 or on VHF-Channel 16.
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Dated: August 19, 2016.
S.D. Poulin,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2016–21757 Filed 9–8–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2016–0722]
RIN 1625–AA00
Safety Zone; Tennessee River,
Chattanooga, TN
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
the waters of the Tennessee River
beginning at mile marker 463.7 and
ending at mile marker 464.5, extending
bank to bank near Chattanooga,
Tennessee. This temporary safety zone
is necessary to protect persons and
property from potential damage and
safety hazards during a fireworks
display on or over the navigable
waterway. Entry of vessels or persons
into this zone is prohibited unless
specifically authorized by the Captain of
the Port Ohio Valley or a designated
representative.
SUMMARY:
This rule is effective and will be
enforced through actual notice from
9:00 p.m. through 9:30 p.m., on
September 10, 2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
0722 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 Petty Officer Vera Max, Marine
Safety Detachment Nashville, U.S. Coast
Guard; telephone 615–736–5421, email
Vera.M.Max@uscg.mil.
SUPPLEMENTARY INFORMATION:
ehiers on DSK5VPTVN1PROD with RULES
DATES:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
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15:26 Sep 08, 2016
Jkt 238001
II. Background Information and
Regulatory History
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 a
notice of proposed rulemaking (NPRM)
with respect to this rule because the
event sponsor submitted the event
application on July 19, 2016. This late
submission did not give the Coast Guard
enough time to complete the full NPRM
process. Delaying the effective date of
this rule would be contrary to the public
interest because immediate action is
needed to respond to the potential
safety hazards associated with the
fireworks display over the subject
waterway.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Ohio Valley (COTP)
has determined that potential hazards
associated with the fireworks display on
September 10, 2016, will be a safety
concern for all waters of the Tennessee
River, beginning at mile marker 463.7
and ending at 464.5. This rule is needed
to protect personnel, vessels, and the
marine environment in the navigable
waters within the safety zone during the
fireworks display.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone on September 10, 2016. The
temporary safety zone will cover all
waters of the Tennessee River,
beginning at mile marker 463.7 and
ending at 464.5, extending bank to bank.
Transit into and through this area is
prohibited from 9:00 to 9:30 p.m. on
September 10, 2016. The duration of the
temporary safety zone is intended to
ensure the safety of vessels and these
navigable waters before, during, and
after the scheduled fireworks displays.
No vessel or person will be permitted to
enter the temporary safety zone without
obtaining permission from the COTP or
a designated representative. Deviation
requests will be considered and
reviewed on a case-by-case basis.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
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62371
Executive Orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive Orders, and we discuss the
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 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. 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.
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the temporary safety
zone. The temporary safety zone will
only be in effect for 30 minutes, during
late evening hours, and covers an area
of the waterway stretching less than one
mile. The Coast Guard expects
minimum adverse impact to mariners
from the temporary safety zone
activation as the event has been
advertised to the public. Also, mariners
may request authorization from the
COTP Ohio Valley or a designated
representative to transit the temporary
safety zone. Moreover, the Coast Guard
will issue Broadcast Notice to Mariners
via VHF–FM marine channel 16 about
the zone and the rule allows vessels to
seek permission to enter the zone.
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 safety
zone may be small entities, for the
reasons stated in section V.A. above,
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
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Agencies
[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Rules and Regulations]
[Pages 62368-62371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21757]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0513]
RIN 1625-AA11
Regulated Navigation Area; Portsmouth Naval Shipyard, Kittery, ME
and Portsmouth, NH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary regulated
navigation area (RNA) on the Piscataqua River near the Portsmouth Naval
Shipyard, Kittery, ME between Henderson Point Light on Seavey Island
and the Memorial Bridge. This RNA establishes speed restrictions to
eliminate vessel wake which could endanger the lives of divers and
support crews working at the Portsmouth Naval Shipyard. The speed
restrictions apply to all vessels transiting the regulated area unless
authorized by the First Coast Guard District Commander or the
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Captain of the Port (COTP), Sector Northern New England.
DATES: This rule is effective from 12:01 a.m. on September 19, 2016
through 11:59 p.m. on November 2, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2016-0513 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
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
RNA Regulated Navigation Area
COTP Captain of the Port
II. Background Information and Regulatory History
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 a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable. The
Coast Guard was recently notified of the need for this rule. This late
notice did not give the Coast Guard enough time to publish a NPRM, take
public comments, and issue a final rule before the rule is necessary.
Delaying implementation of this rule would be impracticable and inhibit
the Coast Guard's ability to provide for the safety of divers and
workers completing ship construction at the Portsmouth Naval Shipyard.
Without the rule, wake from passing vessels could cause the ship to
move erratically and unexpectedly, potentially injuring divers and
support crews.
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 would endanger workers.
III. Legal Authority and Need for Rule
Under the Ports and Waterways Safety Act, the Coast Guard has the
authority to establish regulated navigation areas in defined water
areas that are determined to have hazardous conditions and in which
vessel traffic can be regulated in the interest of safety. See 33
U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, and 160.5; and
Department of Homeland Security Delegation No. 0170.1.
As part of a ship construction project at the Portsmouth Naval
Shipyard, divers will be working on the hull of a vessel from September
19, 2016 through November 2, 2016. The Coast Guard First District
Commander has determined that unexpected and uncontrolled movement of
the vessel and associated equipment due to a wake puts the divers and
their support crews at significant risk for serious injury or death. In
order to ensure the safety of workers during the construction period,
the Coast Guard is establishing an RNA to limit the speed, thus wake,
of all vessels operating near the shipyard.
IV. Discussion of the Rule
This rule places speed restrictions on all vessels transiting the
navigable waters of the Piscataqua River, Kittery, ME near the
Portsmouth Naval Shipyard between Henderson Point Light on Seavey
Island and the Memorial Bridge from 12:01 a.m. on September 19, 2016
through 11:59 p.m. on November 2, 2016. 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 bare steerageway.
The COTP Sector Northern New England will cause notice of
enforcement or suspension of enforcement of this regulated navigation
area to be made by all appropriate means in order to affect the widest
distribution among the affected segments of the public. Such means of
notification will include, but are not limited to, Broadcast Notice to
Mariners and Local Notice to Mariners. In addition, COTP Northern New
England maintains a telephone line that is staffed at all times. The
public can obtain information concerning enforcement of the regulated
navigation area by contacting the Sector Northern New England Command
Center at (207) 767-0303.
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 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. 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.
This regulatory action determination is based on the size,
location, duration, and time-of-year of the regulated navigation area.
The public impact of this rule will be minimal as the temporary speed
restrictions only apply to a small designated area of the Piscataqua
River, causing minimal delay to a vessel's transit.
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 RNA
may be small entities, for the reasons stated in section V.A above,
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
[[Page 62370]]
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 an RNA lasting 45 days that will limit vessel speed on
the Piscataqua River in vicinity of the Portsmouth Naval Shipyard while
construction work is being completed. It is categorically excluded from
further review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. An environmental analysis checklist supporting this
determination and a Categorical Exclusion Determination will be
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.
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 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T01-0513 to read as follows:
Sec. 165.T01-0513 Regulated Navigation Area; Portsmouth Naval
Shipyard, Kittery, ME and Portsmouth, NH.
(a) Location. The following area is a regulated navigation area
(RNA): All navigable waters on the Piscataqua River, Kittery, ME and
Portsmouth, NH near Portsmouth Naval Shipyard from a line drawn between
Henderson Point Light ``10'' (LLNR 8375) at 43[deg]04'29.3'' N.,
070[deg]44'10.2'' W. on Seavey Island and Pierce Island Range Front
Light (LLNR 8355) at 43[deg]04'25.4'' N., 070[deg]44'25.2'' W. to the
Memorial Bridge at 43[deg]04'46.8'' N., 070[deg]45'09.6'' W.
(b) Regulations. (1) The general regulations contained in 33 CFR
165.10, 165.11 and 165.13 apply.
(2) In accordance with the general regulations, vessel movement
within the RNA is subject to a ``Slow-No Wake'' speed limit. No vessel
may produce a wake and may not attain speeds greater than five (5)
knots unless a higher minimum speed is necessary to maintain
steerageway.
(3) All vessels operating within the RNA must comply with all
directions given to them by the Captain of the Port (COTP) Sector
Northern New England or his 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 his
behalf. The on-scene representative may be on a Coast Guard vessel,
state marine patrol vessel, another other designated craft, or may be
on shore and will communicate with vessels via VHF-FM radio or
loudhailer. Members of the Coast Guard Auxiliary or Naval Harbor
Security Patrol may be present to inform vessel operators of this
regulation.
(4) All other relevant regulations, including but not limited to
the Inland Navigation Rules (33 CFR subchapter E), remain in effect
within the RNA and must be strictly followed at all times.
(c) Enforcement period. This section will be enforced 24 hours a
day from September 19, 2016 through November 2, 2016.
(d) Notifications. Violations of this section may be reported to
the COTP at (207) 767-0303 or on VHF-Channel 16.
[[Page 62371]]
Dated: August 19, 2016.
S.D. Poulin,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2016-21757 Filed 9-8-16; 8:45 am]
BILLING CODE 9110-04-P