
[Federal Register Volume 78, Number 169 (Friday, August 30, 2013)]
[Rules and Regulations]
[Pages 53668-53671]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21180]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0329]
RIN 1625-AA11


Regulated Navigation Area; Maine Kennebec Bridge Construction 
Zone, Kennebec River, Richmond, ME

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule with request for comments.

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SUMMARY: The Coast Guard is establishing a regulated navigation area 
(RNA) on the navigable waters of the Kennebec River surrounding the 
Maine Kennebec Bridge between Richmond, ME, and Dresden, ME. This RNA 
allows the Coast Guard to enforce speed and wake restrictions and 
prohibit all vessel traffic through the RNA during bridge replacement 
operations, both planned and unforeseen, that could pose an imminent 
hazard to persons and vessels operating in the area. This rule is 
necessary to provide for the safety of life on the navigable waters 
during the replacement of the bridge. The Coast Guard is issuing this 
temporary rule due to the exigent circumstances and invites comments to 
modify or amend the rule as necessary.

DATES: This rule is effective and will be enforced from September 1, 
2013, through December 31, 2016.
    Comments and related material may be received by the Coast Guard 
through the effective period.
    Requests for public meetings must be received by the Coast Guard on 
or before September 20, 2013.

ADDRESSES: Documents mentioned in this preamble are part of Docket 
Number USCG-2013-0329. To view documents mentioned in this preamble as 
being available in the docket, go to http://www.regulations.gov, type 
the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on 
``Open Docket Folder'' on the line associated with this rulemaking. You 
may also visit the Docket Management Facility in Room W12-140 on the 
ground floor of the Department of Transportation West Building, 1200 
New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    You may submit comments, identified by docket number, using any one 
of the following methods:
    (1) Federal eRulemaking Portal: http://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 Chief Craig D. Lapiejko, 
Waterways Management at Coast Guard First District, telephone 617-223-
8385, email Craig.D.Lapiejko@uscg.mil. If you have questions on viewing 
or submitting material to the docket, call Barbara Hairston, 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
RNA Regulated Navigation Area

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

[[Page 53669]]

without change to http://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, 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 
http://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 http://www.regulations.gov, 
type the docket number in the ``SEARCH'' box and click ``SEARCH.'' 
Click on ``Submit a Comment'' on the line associated with this 
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 http://www.regulations.gov, 
type the docket number (USCG-2013-0329) 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 currently do not plan to hold a public meeting. You may, 
however, 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 in 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

    The Coast Guard is issuing this temporary interim 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 publishing 
an NPRM would be impracticable for the reasons described below. The 
Coast Guard will consider comments in issuing a subsequent temporary 
interim rule or temporary final rule.
    On April 26, 2013, Coast Guard conducted a meeting with the Maine 
Department of Transportation (MEDOT) to discuss the Maine Kennebec 
Bridge. During that meeting, the Coast Guard was informed that the 
contract for construction and demolition of the bridge was out to bid 
and work was expected to start September 1, 2013. This late submission 
did not give the Coast Guard enough time to publish an NPRM, take 
public comments, and issue a final rule before work begins in September 
2013.
    It would be impracticable to delay promulgating this rule, as work 
is scheduled to begin on September 1, 2013, as it is necessary to 
protect the safety of both the construction crew and the waterway users 
operating in the vicinity of the bridge construction zone. A delay or 
cancellation of the currently ongoing bridge rehabilitation project in 
order to accommodate a full notice and comment period would delay 
necessary operations, result in increased costs, and delay the date 
when the bridge is expected to reopen for normal operations. The Coast 
Guard believes it would be impracticable to delay this regulation. At 
any time, the Coast Guard may publish an amended rule if necessary to 
address public concerns.
    For the same reasons mentioned above, under 5 U.S.C. 553(d)(3), the 
Coast Guard finds that good cause exists for making this rule effective 
less than 30 days after publication in the Federal Register.

C. Basis and Purpose

    Under the Ports and Waterways Safety Act, 33 U.S.C. 1221 et. seq., 
and Department of Homeland Security Delegation No. 0170.1, 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.
    This rulemaking is prompted by the navigation safety situation 
created by demolition and subsequent reconstruction of the Maine 
Kennebec Bridge. The Coast Guard has discussed this project with MEDOT 
to determine whether the project can be completed without channel 
closures. While the majority of construction activities during the span 
of this project will not require waterway closures, there are certain 
tasks that can only be completed in the channel and will require 
closing the waterway. The demolition and construction of the bridge 
will be extremely complex and presents many safety hazards including 
overhead crane operations, overhead cutting operations, potential 
falling debris, and barges positioned in the channel with a restricted 
ability to maneuver. At present, MEDOT has not submitted a plan for 
waterway closures as the bridge contract is still under negotiation.
    The purpose of this rulemaking is to provide for safety on the 
navigable waters in the regulated area during bridge reconstruction.

D. Discussion of the Interim Rule

    The Coast Guard is establishing an RNA on the navigable waters of 
the Kennebec River surrounding the Maine Kennebec River Bridge which 
spans from Richmond to Dresden, ME. This RNA allows the Captain of the 
Port Sector Northern New England (COTP) to establish speed and wake 
restrictions and to prohibit vessel traffic on this portion of the 
river for limited periods

[[Page 53670]]

when necessary for the safety of vessels and workers during 
construction work in the channel. The Coast Guard will enforce a six 
knot speed limit as well as a ``NO WAKE'' zone and will be able to 
close the designated area to all vessel traffic under any 
circumstances, planned or unforeseen, that pose an imminent threat to 
waterway users or construction operations in the area. Complete 
waterway closures will be minimized to that period absolutely necessary 
and made with as much advanced notice as possible. During closures, 
mariners may request permission from the COTP to transit through the 
RNA.
    Entry into, anchoring, or movement within this RNA during a closure 
is prohibited unless authorized by the COTP or a designated 
representative.
    If the project is completed before December 31, 2016, the COTP will 
suspend enforcement of the RNA. The COTP will ensure that any notice of 
the suspension of enforcement reaches affected segments of the public 
by all appropriate means. Such means of notification could include, but 
would not be limited to, Broadcast Notice to Mariners and Local Notice 
to Mariners.

E. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This 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.
    The Coast Guard determined that this rulemaking will not be a 
significant regulatory action for the following reasons: vessel traffic 
will only be restricted from the RNA for limited durations and the RNA 
covers only a small portion of the navigable waterway. Advanced public 
notifications will also be made to local mariners through appropriate 
means, which could include, but would not be limited to, Local Notice 
to Mariners and Broadcast Notice to Mariners. Finally, during closures, 
mariners may request permission from the COTP to transit through the 
RNA.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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. 
This rule will affect the following entities, some of which may be 
small entities: the owners or operators of vessels intending to enter 
or transit within the RNA during a vessel restriction period.
    The RNA will not have a significant economic impact on a 
substantial number of small entities for the following reasons: the RNA 
would be of limited size and any waterway closure of short duration. 
Additionally before the effective period of a waterway closure, 
advanced public notifications will be made to local mariners through 
appropriate means, which could include, but would not be limited to, 
Local Notice to Mariners and Broadcast Notice to Mariners.
    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 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.
    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.

4. 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.).

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 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 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 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 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 rule under Executive Order 13045, Protection 
of Children from Environmental Health

[[Page 53671]]

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 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 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.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 (NEPA) (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 restricting vessel movement within a 
regulated navigation area. This rule 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 are 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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR Part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for Part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 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.


0
2. Add Sec.  165.T01-0329 to read as follows:


Sec.  165.T01-0329  Regulated Navigation Area; Maine Kennebec Bridge 
Construction and Removal, Kennebec River, Richmond, ME.

    (a) Location. The following area is a Regulated Navigation Area 
(RNA): All navigable waters, surface to bottom, on the Kennebec River 
within a 300 yard radius of position 44[deg]05'27'' N, 069[deg]46'57'' 
W in the vicinity of the Maine Kennebec River Bridge between Richmond, 
ME and Dresden, ME.
    (b) Regulations. (1) The general regulations contained in 33 CFR 
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 COTP Sector Northern New England.
    (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 six (6) knots 
will be in effect within the regulated area. All vessels must proceed 
through the area with caution and operate in such a manner as to 
produce no wake.
    (5) 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) 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 5:00 a.m. on September 1, 2013 until 11:59 p.m. on December 
31, 2016.
    (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 constructive notice by publication 
in the Federal Register, actual notice, as well as 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: August 15, 2013.
D.B. Abel,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 2013-21180 Filed 8-29-13; 8:45 am]
BILLING CODE 9110-04-P


