
[Federal Register Volume 79, Number 55 (Friday, March 21, 2014)]
[Rules and Regulations]
[Pages 15689-15691]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06229]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0159]
RIN 1625-AA11


Regulated Navigation Area; Piscataqua River Channel Obstruction 
Near Memorial Bridge, Piscataqua River, 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 Memorial Bridge, 
Portsmouth, NH, due to debris obstructing the channel. This RNA 
establishes draft restrictions on vessels transiting the regulated area 
and prohibits vessels whose draft exceeds 12 feet from coming within 
300 yards of the Memorial Bridge unless authorized by the First 
District Commander or the Captain of the Port (COTP), Sector Northern 
New England, or until the obstruction is cleared.

DATES: This rule is effective without actual notice from March 21, 2014 
until March 31, 2014. For the purposes of enforcement, actual notice 
will be used from the date the rule was signed, March 7, 2014, until 
March 21, 2014.

[[Page 15690]]


ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0159]. 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call Lieutenant Junior Grade Elizabeth V. Gunn, Waterways Management 
Division at Coast Guard Sector Northern New England, at 207-767-0398 or 
email at Elizabeth.V.Gunn@uscg.mil; or call Lieutenant Myles Greenway, 
Waterways Management at Coast Guard First District at 617-223-8385 or 
email at Myles.J.Greenway@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Barbara Hairston, Program 
Manager, Docket Operations at (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final 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. Good 
cause exists because the Coast Guard was not notified of the 
obstruction until shortly after its discovery early on the morning of 
March 7, 2014. Thus, delaying the effectiveness of this rule to allow 
for a notice and comment period to run would inhibit the Coast Guard's 
ability to protect the boating public from the hazards associated with 
an unmarked underwater obstruction.
    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. For the reasons discussed in the 
preceding paragraph, delaying the effective date of this rule would be 
impracticable.

B. Basis and Purpose

    Under the Ports and Waterways Safety Act, 33 U.S.C. 1221 et seq., 
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.
    The regulated navigation area is being issued to ensure the safety 
of vessels drawing more than 12 feet in draft which could potentially 
strike known debris.

C. Discussion of the Final Rule

    At approximately 5:15 a.m. on March 7th, 2014, a 600' oil tanker 
was outbound on the Piscataqua River when it struck pier 3 of the 
Memorial Bridge with its bow. The allision tore one fender panel 
completely off of the pier and damaged the two adjacent panels. The 
missing fender panel now presents a danger to vessels drawing a draft 
greater than 12 feet. This RNA is required to restrict the draft of 
vessels entering the area to protect said vessels from the safety 
hazards associated with this obstruction to the channel. This RNA will 
encompass all waters within a 300 yard radius of a position 
43[deg]04'46'' N, 70[deg]45'10'' W, in the vicinity of the Memorial 
Bridge between Portsmouth, NH and Badgers Island in Kittery, ME, and 
will be effective on March 7, 2014, at 4:00 p.m. until March 31, 2014 
at 11:59 p.m.

D. 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 economic effect of this rule will not be significant for the 
following reasons: the RNA will be of limited duration. Vessels drawing 
a draft of less than 12 feet may still transit the area freely while 
vessels drawing a draft exceeding 12 feet may be authorized to transit 
the area with permission of the District Commander or the Captain of 
the Port, Sector Northern New England. Additionally, maritime 
advisories will be broadcast during the duration of the enforcement 
period.

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 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.
    This rule may affect the following entities, some of which may be 
small entities: the owners or operators of vessels drawing a draft 
greater than 12 feet. However, this temporary final rule will not have 
a significant economic impact on a substantial number of small entities 
for the same reasons discussed in the Regulatory Planning and Review 
section above.

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

[[Page 15691]]

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 will 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 will 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 Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
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 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

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 is categorically excluded, under figure 2-1, 
paragraph (34)(g) of the Instruction because it involves the creation 
of an RNA. An environmental analysis checklist and a categorical 
exclusion determination will be available in the docket where indicated 
under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and 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, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. Add Sec.  165.T01-0159 to read as follows:


Sec.  165.T01-0159  Regulated Navigation Area; Piscataqua River Channel 
Obstruction near Memorial Bridge, Piscataqua River, Portsmouth, NH.

    (a) Location. The following area is a Regulated Navigation Area 
(RNA): all navigable waters from surface to bottom within a 300 yard 
radius of position 43[deg]04'46'' N, 70[deg]45'10'' W.
    (b) Regulations. (1) The general regulations contained in 33 CFR 
165.10, 165.11, and 165.13 apply within the RNA, and in addition:
    (2) No vessel with a draft of greater than 12 feet may transit this 
area unless authorized by the First District Commander or the Captain 
of the Port, Sector Northern New England.
    (3) Persons and vessels may request permission to enter the 
Regulated Navigation Area by contacting the COTP or the COTP's on-scene 
representative on VHF-16 or via phone at 207-767-0303.
    (4) The ``designated representative'' is any Coast Guard 
commissioned, warrant, or petty officer who has been designated by the 
Captain of the Port to act on his behalf. The on-scene representative 
may be on a Coast Guard vessel, a Coast Guard Auxiliary vessel, or 
onboard a local or state agency vessel that is authorized to act in 
support of the Coast Guard. Additionally, the Coast Guard Auxiliary may 
be present to inform vessel operators of this regulation.
    (5) 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.
    (c) Effective and Enforcement Period. This rule is effective and 
will be enforced from March 7, 2014 until March 31, 2014.

    Dated: March 7, 2014.
D. B. Abel,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 2014-06229 Filed 3-20-14; 8:45 am]
BILLING CODE 9110-04-P


