Regulated Navigation Area; Portsmouth Naval Shipyard, Kittery, ME and Portsmouth, NH, 62368-62371 [2016-21757]

Download as PDF 62368 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. ehiers on DSK5VPTVN1PROD with RULES 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 VerDate Sep<11>2014 15:26 Sep 08, 2016 Jkt 238001 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 http://www.regulations.gov. Type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH’’. Click on Open Docket Folder on the line associated with this deviation. 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: PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 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: E:\FR\FM\09SER1.SGM 09SER1 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 http:// 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 ehiers on DSK5VPTVN1PROD with RULES 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 VerDate Sep<11>2014 15:26 Sep 08, 2016 Jkt 238001 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 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 62369 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 E:\FR\FM\09SER1.SGM 09SER1 62370 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). ehiers on DSK5VPTVN1PROD with RULES 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. VerDate Sep<11>2014 15:26 Sep 08, 2016 Jkt 238001 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: PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 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. E:\FR\FM\09SER1.SGM 09SER1 Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations 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 http:// 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 VerDate Sep<11>2014 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 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 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 E:\FR\FM\09SER1.SGM 09SER1

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.

-----------------------------------------------------------------------

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

[[Page 62369]]

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 http://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