[Federal Register Volume 86, Number 204 (Tuesday, October 26, 2021)]
[Rules and Regulations]
[Pages 59033-59035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23324]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0344]
RIN 1625-AA00


Safety Zone; Piscataqua River Turning Basin Dredge Project, 
Portsmouth, NH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing two temporary safety zones for 
the navigable waters of the Piscataqua River in Portsmouth Harbor. The 
first safety zone will be a 100-yard radius around any vessel, barge, 
or dredging equipment engaged in dredging operations. The second safety 
zone will be a 500-yard radius around any vessel, barge, or dredging 
equipment engaged in blasting operations and any blasting worksites. 
The safety zones are necessary to protect persons and vessels from 
hazards associated with dredging, drilling, and blasting operations for 
overall widening of the uppermost turning basin of the Piscataqua 
River.

DATES: This rule is effective without actual notice from October 26, 
2021, through April 15, 2022. For the purposes of enforcement, actual 
notice will be used from November 1, 2021, until October 26, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0344 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Shaun Doyle, Sector Northern New England Waterways 
Management Division, U.S. Coast Guard; telephone 207-347-5015, email 
[email protected].

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

II. Background Information and Regulatory History

    On February 12, 2021, the U.S. Army Corps of Engineers notified the 
Coast Guard of plans to fund dredging operations on the uppermost 
turning basin of the Piscataqua River in Portsmouth Harbor. The project 
consists of widening the uppermost turning basin of the Piscataqua 
River from 800 feet to 1200 feet to improve navigation maneuverability 
and safety.
    In response, on August 25, 2021, the Coast Guard published a notice 
of proposed rulemaking (NPRM) titled Safety Zone; Piscataqua River 
Turning Basin Dredge Project, Portsmouth, NH (86 FR 47433). There we 
stated why we issued the NPRM, and invited comments on our proposed 
regulatory action related to this dredging project. During the comment 
period that ended September 24, 2021, we received no comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Northern New 
England (COTP) has determined that potential hazards associated with 
the dredging operations starting November 1, 2021, will be a safety 
concern for anyone within a 100-yard radius around any vessel, barge, 
or dredging equipment engaged in dredging operations. Additionally, the 
COTP has determined that potential hazards associated with the 
explosives to be used in this operation would be a safety concern for 
anyone within a 500-yard radius around any vessel, barge, or dredging 
equipment engaged in blasting operations and any blasting worksites. 
The purpose of this rule is to ensure safety of vessels and the 
navigable waters in the safety zone before, during, and after the 
scheduled dredging operations.
    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. Delaying the effective date of 
this rule would be impracticable because timely action is needed to 
respond to the potential safety hazards associated with the dredging 
project.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published on 
August 25, 2021. There are no changes in the regulatory text of this 
rule from the proposed rule in the NPRM.
    This rule establishes two safety zones from November 1, 2021, 
through April 15, 2022. The first safety zone will be a 100-yard radius 
around any vessel, barge, or dredging equipment actively engaged in 
dredging operations. The second safety zone will be a 500-yard radius 
around any vessel, barge, or dredging equipment engaged in blasting 
operations and any blasting worksites. The 500-yard safety zone will be 
enforced during active blasting operations and will be suspended once 
successful detonation has been confirmed and blasting operations have 
been secured. The Coast Guard will notify the public and local mariners 
of the 500-yard safety zone through appropriate means, which may 
include, but are not limited to, publication in the Local Notice to 
Mariners and Broadcast Notice to Mariners via VHF-FM marine channel 16 
in advance of any enforcement. No vessel or person will be permitted to 
enter the safety zone without obtaining permission from the COTP or a 
designated representative. There are no changes in the regulatory text 
of this rule from the proposed rule in the NPRM.

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. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly,

[[Page 59034]]

this rule has not been reviewed by the Office of Management and Budget 
(OMB).
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. The safety 
zones will be enforced during periods of active dredging or blasting 
operations from November 1, 2021, through April 15, 2022. The 500-yard 
radius safety zone around any vessel, barge, or dredging equipment 
engaged in blasting operations and any blasting worksites will only be 
enforced when blasting operations are conducted for short durations. 
Once blasting operations have been secured, vessel traffic will be able 
to transit around the 100-yard radius safety zone around any vessel, 
barge, or dredging equipment actively engaged in dredging operations. 
Dredging vessel(s) conducting operations will accommodate necessary 
commerce and movement of cargo through daily coordination with U.S. 
Army Corps of Engineers, contractors, Portsmouth Pilots, and U.S. Coast 
Guard. Proper public notice of enforcement will be given through 
appropriate means, which may include, but are not limited to, 
publication in the Local Notice to Mariners and Broadcast Notice to 
Mariners via VHF-FM marine channel 16.

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 received no comments from the Small Business 
Administration on this 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.
    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 
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 
call or email 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.

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 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), 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 
establishing two safety zones near the uppermost turning basin of the 
Piscataqua River in Portsmouth Harbor that will be enforced 
periodically from November 1, 2021, through April 15, 2022, that 
prohibits entry within a 100-yard radius around any vessel, barge, or 
dredging equipment engaged in dredging operations, and within a 500-
yard radius around any vessel, barge, or dredging equipment engaged in 
blasting operations and any blasting worksites. It is categorically 
excluded from further review under paragraph L60(a) of Appendix A, 
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of 
Environmental Consideration supporting this determination is available 
in the docket. For instructions on locating the docket, see the 
ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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, 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1, 
Revision No. 01.2.


[[Page 59035]]



0
2. Add Sec.  165.T01-0344 to read as follows:


Sec.  165.T01-0344  Safety Zone; Piscataqua River Turning Basin Dredge 
Project, Portsmouth, NH.

    (a) Location. The following areas are a safety zone:
    (1) Safety zone 1. All navigable waters of the Piscataqua River, 
from surface to bottom, within a 100-yard radius around any vessel, 
barge, or dredging equipment engaged in dredging operations.
    (2) Safety zone 2. All navigable waters of the Piscataqua River, 
from surface to bottom, within a 500-yard radius around any vessel, 
barge, or dredging equipment engaged in blasting operations and any 
blasting worksites.
    (b) Definitions. As used in this section, Designated Representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port Northern New England (COTP) in the enforcement of 
the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's Designated Representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
Designated Representative via VHF-FM marine channel 16 or by contacting 
the Coast Guard Sector Northern New England Command Center at (207) 
741-5465. Those in the safety zones must comply with all lawful orders 
or directions given to them by the COTP or the COTP's Designated 
Representative.
    (d) Enforcement period. This section is effective from November 1, 
2021, through April 15, 2022, but will only be enforced while dredging 
or blasting operations are in progress. The Coast Guard will utilize 
Broadcast Notice to Mariners and Local Notice to Mariners to notify the 
public of the time and duration that these safety zones will be 
enforced.

    Dated: October 21, 2021.
A.E. Florentino,
Captain, U.S. Coast Guard,Captain of the Port, Sector Northern New 
England.
[FR Doc. 2021-23324 Filed 10-25-21; 8:45 am]
BILLING CODE 9110-04-P


