82_FR_49310 82 FR 49106 - Regulated Navigation Area; Beals Island Bridge Replacement, Moosabec Reach, Jonesport, ME

82 FR 49106 - Regulated Navigation Area; Beals Island Bridge Replacement, Moosabec Reach, Jonesport, ME

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 204 (October 24, 2017)

Page Range49106-49110
FR Document2017-23049

The Coast Guard is establishing a temporary Regulated Navigation Area (RNA) for the navigable waters within 150-yards of the Beals Island Bridge between Jonesport, ME, and Beals Island, ME. The RNA is needed to protect personnel, vessels, and the marine environment from the potential hazards created by the demolition, subsequent removal, and replacement of the Beals Island Bridge. This RNA will establish speed and beam restrictions on vessels transiting the regulated area during bridge replacement operations. This rule will also allow the Coast Guard to prohibit vessel traffic through the RNA when necessary.

Federal Register, Volume 82 Issue 204 (Tuesday, October 24, 2017) 
[Federal Register Volume 82, Number 204 (Tuesday, October 24, 2017)]
[Rules and Regulations]
[Pages 49106-49110]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23049]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0890]
RIN 1625-AA11


Regulated Navigation Area; Beals Island Bridge Replacement, 
Moosabec Reach, Jonesport, ME

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule; request for comments.

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SUMMARY: The Coast Guard is establishing a temporary Regulated 
Navigation Area (RNA) for the navigable waters within 150-yards of the 
Beals Island Bridge between Jonesport, ME, and Beals Island, ME. The 
RNA is needed to protect personnel, vessels, and the marine environment 
from the potential hazards created by the demolition, subsequent 
removal, and replacement of the Beals Island Bridge. This RNA will 
establish speed and beam restrictions on vessels transiting the 
regulated area during bridge replacement operations. This rule will 
also allow the Coast Guard to prohibit vessel traffic through the RNA 
when necessary.

DATES: This rule is effective without actual notice from October 24, 
2017 through January 31, 2021. For the purposes of enforcement, actual 
notice will be used from October 15, 2017, through October 24, 2017.
    Comments and related material must be received by the Coast Guard 
on or before January 22, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0890 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 
[email protected]. 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 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
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
MEDOT Maine Department of Transportation

II. Background Information and Regulatory History

    On June 27, 2017, the U. S. Coast Guard District One Bridge Branch

[[Page 49107]]

issued a permit approving the construction of the Beals Island Bridge 
across the Moosabec Reach in Jonesport, Maine. On September 11, 2017, 
the contractor selected for the project submitted their request to the 
Waterways Management Division of U. S. Coast Guard Sector Northern New 
England. The COTP Sector Northern New England has determined that an 
RNA will be required to enforce speed, wake, and beam restrictions, as 
well as provide for intermittent closure of the waterway during the 
construction of the replacement bridge and subsequent demolition of the 
original structure.
    This project will start on October 15, 2017, and be completed by 
January 31, 2021. During this project, replacement and removal of the 
original structure will take place. To accomplish these tasks, a 
temporary structure will be built under the original structure to 
facilitate construction. This temporary structure will require all 
vessel traffic to use the main navigational channel, beneath the 
bridge's center span, to transit through the bridge. The temporary 
structure will continue to limit vessels transiting through the bridge 
to a beam of less than 75 feet. The temporary structure will be lit 
every 50 feet and the foundation will encroach on the new navigational 
channel. The Coast Guard will issue a Broadcast Notice to Mariners via 
marine channel 16 (VHF-FM) with as much advanced notice as possible for 
any period of waterway closure or as soon as practicable in response to 
an emergency. If the project is completed prior to January 31, 2021, 
enforcement of the RNA will be suspended and notice given via Broadcast 
Notice to Mariners.
    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 an NPRM with respect to this rule 
because doing so would be impracticable and contrary to the public 
interest. The late finalization of project details did not give the 
Coast Guard enough time to publish an NPRM, take public comments, and 
issue a final rule before the construction work is set to begin. It 
would be impracticable and contrary to the public interest to delay 
promulgating this rule as it is necessary to respond to the potential 
safety hazards associated with the bridge replacement project beginning 
on October 15, 2017.
    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 contrary to the public interest.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231.
    The Coast Guard First District Commander has determined that 
potential hazards exist associated with the bridge replacement project 
starting on October 15, 2017, and continuing through January 31, 2021. 
This rule is needed to control vessel movement, and to protect all 
persons, vessels, construction crews, and the marine environment during 
the Beals Island Bridge replacement and demolition project on the 
Moosabec Reach between Jonesport, ME, and Beals Island, ME.

IV. Discussion of the Rule

    This rule establishes a Regulated Navigation Area from October 15, 
2017, through January 31, 2021. The RNA will cover all navigable waters 
from surface to bottom of the Moosabec Reach within 150 yards of the 
Beals Island Bridge, ME.
BILLING CODE 9110-04-P

[[Page 49108]]

[GRAPHIC] [TIFF OMITTED] TR24OC17.006

BILLING CODE 9110-04-C
    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 steerageway. This RNA also 
establishes a beam restriction on vessels transiting the regulated area 
and prohibits vessels whose beam exceeds 75 feet from transiting the 
Beals Island Bridge unless authorized by the First District Commander 
or the COTP, Sector Northern New England. Vessels will be limited to 
using only the main navigational channel, under the bridge's center 
span, to transit through the bridge. While the majority of construction 
activities during the span of this project will not require waterway 
closures, certain tasks can only be completed in the channel and will 
require closing the waterway. Currently, we only expect two closures 
lasting less than 8 hours each. The Coast Guard may also need to close 
the RNA described in this rule to all vessel traffic during any 
circumstance that poses an imminent threat to waterway users operating 
in the area. Complete waterway closures will be made with as much 
advanced notice as possible.
    The Coast Guard will notify the public and local mariners of this 
RNA through appropriate means, which may

[[Page 49109]]

include, but are not limited to, publication in the Local Notice to 
Mariners and Broadcast Notice to Mariners via marine Channel 16 (VHF-
FM) in advance of any closure.

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 13771 directs agencies to control 
regulatory costs through a budgeting process. 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 (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive order 13771.
    The Coast Guard has determined that this rulemaking is not a 
significant regulatory action. The RNA only impacts a small designated 
area of the Moosabec Reach and permits the majority of typical vessel 
traffic on the Moosabec Reach to continue to transit the waterway. 
Additionally, it is currently anticipated the RNA will be closed to all 
traffic on two brief occasions, each lasting less than 8 hours. Any 
other periods during which the RNA is closed to all traffic will be 
infrequent and as short in duration as possible. The Coast Guard will 
notify the public of the enforcement of this rule via appropriate 
means, such as via Local Notice to Mariners and Broadcast Notice to 
Mariners.

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 
RNA may be small entities, for the reasons stated in section V.A., 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 
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 a temporary RNA for the navigable waters within 150-yards 
of Beals Island Bridge between Jonesport, ME, and Beals Island, ME. It 
is categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. A Record of Environmental 
Consideration for Categorically Excluded Actions is available in the 
docket where indicated under ADDRESSES.

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.

VI. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape this rulemaking. We may change this 
rule in view of them. If you submit a comment, please include the 
docket number for this rulemaking, indicate the specific

[[Page 49110]]

section of this document to which each comment applies, and provide a 
reason for each suggestion or recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this TFR as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts; you will be notified when comments are posted or if a 
revised final rule is published.

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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T01-0890 to read as follows:


Sec.  165.T01-0890   Regulated Navigation Area; Beals Island Bridge 
Replacement, Moosabec Reach, Jonesport, ME.

    (a) Regulated Navigation Area boundaries. The following area is a 
Regulated Navigation Area (RNA): All navigable waters of the Moosabec 
Reach between Jonesport, ME, and Beals, ME, from surface to bottom, 
within 150-yards of the Beals Island Bridge. Encompassed by a line 
connecting the following points 44[deg]31'19.8'' N., 67[deg]36'44.1'' 
W. and then west along the shoreline to a point on land at position 
44[deg]31'20.1'' N., 67[deg]36'57.9'' W. and then north across the 
channel to a point on land at position 44[deg]31'39.1'' N., 
67[deg]37'01.7'' W. and then east along the shoreline to a point on 
land at position 44[deg]31'41.3'' N., 67[deg]36'48.9'' W. 
3[deg]10'04.944'' W. and then south across the channel back to the 
point of origin. These coordinates are based on [NAD 83].
    (b) Regulations. The general regulations contained in 33 CFR 165.13 
apply within the RNA.
    (1) Any vessel transiting through the Beals Island Bridge must make 
a direct passage using the main channel under the center span. No 
vessel may stop, moor, anchor, or loiter within the RNA at any time 
unless they are working on the bridge construction or have received 
prior authorization by the First District Commander or the Captain of 
the Port (COTP), Sector Northern New England, or his designated 
representative.
    (2) Movement within this RNA is subject to a ``Slow-No Wake'' speed 
limit. No vessels may produce a wake nor attain speeds greater than 
five (5) knots unless a higher minimum speed is necessary to maintain 
bare steerageway.
    (3) No vessel with a beam greater than 75 feet may transit this 
area unless they receive advance authorization by the First District 
Commander or the Captain of the Port (COTP), Sector Northern New 
England.
    (4) There may be times that the First District Commander or the 
COTP finds it necessary to close the RNA to vessel traffic. Mariners 
will be advised of all closure dates and times via Local Notice to 
Mariners and Broadcast Notice to Mariners in advance of closure times. 
During periods of closure, persons and vessels may request permission 
to enter and transit the RNA by contacting the COTP or the COTP's on-
scene representative on VHF-16 or via phone at 207-767-0303.
    (5) Any vessels transiting within this RNA 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; or other designated 
craft; or 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) All other relevant regulations, including but not limited to 
the Rules of the Road, as codified in 33 CFR Subchapter E, Inland 
Navigational Rules, remain in effect within this RNA and must be 
strictly followed at all times.
    (d) Penalties. Those who violate this section are subject to the 
penalties set forth in 33 U.S.C. 1232.
    (e) Enforcement period. This RNA's speed and beam restrictions are 
enforceable 24 hours a day as long as this RNA is in place. The Coast 
Guard will enforce waterway closures only when necessary to protect 
people and vessels from hazards associated with bridge construction.
    (f) Notification. Coast Guard Sector Northern New England will give 
notice through the Local Notice to Mariners and Broadcast Notice to 
Mariners regarding enforcement of this RNA. Coast Guard Sector Northern 
New England will also notify the public to the greatest extent possible 
of any period in which the Coast Guard will suspend enforcement of this 
RNA.

    Dated: October 12, 2017.
S.D. Poulin,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2017-23049 Filed 10-23-17; 8:45 am]
 BILLING CODE 9110-04-P

49106 Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Rules and Regulations D. Federalism and Indian Tribal Protesters are asked to contact the Temporary final rule; request for ACTION: Government person listed in the FOR FURTHER comments. A rule has implications for federalism INFORMATION CONTACT section to coordinate protest activities so that your SUMMARY: The Coast Guard is under Executive Order 13132, establishing a temporary Regulated Federalism, if it has a substantial direct message can be received without jeopardizing the safety or security of Navigation Area (RNA) for the navigable effect on the States, on the relationship waters within 150-yards of the Beals between the national government and people, places or vessels. Island Bridge between Jonesport, ME, the States, or on the distribution of List of Subjects in 33 CFR Part 117 and Beals Island, ME. The RNA is power and responsibilities among the Bridges. needed to protect personnel, vessels, various levels of government. We have For the reasons discussed in the and the marine environment from the analyzed this rule under that Order and preamble, the Coast Guard amends 33 potential hazards created by the have determined that it is consistent CFR part 117 as follows: demolition, subsequent removal, and with the fundamental federalism replacement of the Beals Island Bridge. principles and preemption requirements PART 117—DRAWBRIDGE This RNA will establish speed and beam described in Executive Order 13132. Also, this rule does not have tribal OPERATION REGULATIONS restrictions on vessels transiting the implications under Executive Order regulated area during bridge ■ 1. The authority citation for part 117 replacement operations. This rule will 13175, Consultation and Coordination continues to read as follows: also allow the Coast Guard to prohibit with Indian Tribal Governments, because it does not have a substantial Authority: 33 U.S.C. 499; 33 CFR 1.05–1; vessel traffic through the RNA when direct effect on one or more Indian Department of Homeland Security Delegation necessary. No. 0170.1. tribes, on the relationship between the DATES: This rule is effective without Federal Government and Indian tribes, ■ 2. In § 117.799, effective from 12:01 actual notice from October 24, 2017 or on the distribution of power and a.m. on October 24, 2017, through 11:59 through January 31, 2021. For the responsibilities between the Federal p.m. on November 13, 2017, suspend purposes of enforcement, actual notice Government and Indian tribes. paragraph (e)(1) and add paragraph will be used from October 15, 2017, (e)(4) to read as follows: through October 24, 2017. E. Unfunded Mandates Reform Act Comments and related material must The Unfunded Mandates Reform Act § 117.799 Long Island, New York Inland Waterway from East Rockaway Inlet to be received by the Coast Guard on or of 1995 (2 U.S.C. 1531–1538) requires before January 22, 2018. Federal agencies to assess the effects of Shinnecock Canal. * * * * * ADDRESSES: To view documents their discretionary regulatory actions. In (e) * * * mentioned in this preamble as being particular, the Act addresses actions (4) The Atlantic Beach Bridge will available in the docket, go to http:// that may result in the expenditure by a open only one of two bascule spans on www.regulations.gov, type USCG–2017– State, local, or tribal government, in the aggregate, or by the private sector of signal for bridge openings from 7 a.m. 0890 in the ‘‘SEARCH’’ box and click $100,000,000 (adjusted for inflation) or Monday through 6 p.m. Friday. Dual ‘‘SEARCH.’’ Click on Open Docket more in any one year. Though this rule lift-span operations will occur for Folder on the line associated with this will not result in such an expenditure, vessels requiring such an opening rule. we do discuss the effects of this rule provided a 48 hour advance notice and FOR FURTHER INFORMATION CONTACT: If elsewhere in this preamble. 24 hour advance confirmation has been you have questions on this rule, call or furnished from 7 a.m. Monday through email Mr. Craig Lapiejko, Waterways F. Environment 6 p.m. Friday. The bridge will open Management, First Coast Guard District; We have analyzed this rule under fully on signal on weekends from 6 p.m. telephone (617) 223–8351, email Department of Homeland Security Friday through 7 a.m. Monday. Craig.D.Lapiejko@uscg.mil. You may Management Directive 023–01 and * * * * * also call or email Chief Petty Officer Commandant Instruction M16475.lD, Chris Bains, Waterways Management Dated: October 6, 2017. which guides the Coast Guard in Division, U.S. Coast Guard Sector complying with the National S.D. Poulin, Northern New England, telephone (207) Environmental Policy Act of 1969 Rear Admiral, U.S. Coast Guard, Commander, 347–5003, email Chris.D.Bains@ (NEPA) (42 U.S.C. 4321–4370f), and First Coast Guard District. uscg.mil. have made a determination that this [FR Doc. 2017–23053 Filed 10–23–17; 8:45 am] SUPPLEMENTARY INFORMATION: action is one of a category of actions BILLING CODE 9110–04–P which do not individually or I. Table of Abbreviations cumulatively have a significant effect on the human environment. This rule DEPARTMENT OF HOMELAND CFR Code of Federal Regulations SECURITY COTP Captain of the Port simply promulgates the operating DHS Department of Homeland Security regulations or procedures for FR Federal Register drawbridges. This action is categorically Coast Guard NPRM Notice of proposed rulemaking excluded from further review, under § Section figure 2–1, paragraph (32)(e), of the 33 CFR Part 165 U.S.C. United States Code Instruction. A preliminary Record of [Docket Number USCG–2017–0890] RNA Regulated Navigation Area pmangrum on DSK3GDR082PROD with RULES Environmental Consideration and a MEDOT Maine Department of RIN 1625–AA11 Transportation Memorandum for the Record are not required for this rule. Regulated Navigation Area; Beals II. Background Information and G. Protest Activities Island Bridge Replacement, Moosabec Regulatory History Reach, Jonesport, ME The Coast Guard respects the First On June 27, 2017, the U. S. Coast Amendment rights of protesters. AGENCY: Coast Guard, DHS. Guard District One Bridge Branch VerDate Sep<11>2014 15:12 Oct 23, 2017 Jkt 244001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\24OCR1.SGM 24OCR1

Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Rules and Regulations 49107 issued a permit approving the period of waterway closure or as soon We are issuing this rule, and under 5 construction of the Beals Island Bridge as practicable in response to an U.S.C. 553(d)(3), the Coast Guard finds across the Moosabec Reach in Jonesport, emergency. If the project is completed that good cause exists for making it Maine. On September 11, 2017, the prior to January 31, 2021, enforcement effective less than 30 days after contractor selected for the project of the RNA will be suspended and publication in the Federal Register. For submitted their request to the notice given via Broadcast Notice to reasons stated in the preceding Waterways Management Division of U. Mariners. paragraph, delaying the implementation S. Coast Guard Sector Northern New The Coast Guard is issuing this of this rule would be impracticable and England. The COTP Sector Northern contrary to the public interest. temporary rule without prior notice and New England has determined that an opportunity to comment pursuant to III. Legal Authority and Need for Rule RNA will be required to enforce speed, authority under section 4(a) of the wake, and beam restrictions, as well as The Coast Guard is issuing this rule Administrative Procedure Act (APA) provide for intermittent closure of the under authority in 33 U.S.C. 1231. waterway during the construction of the (5 U.S.C. 553(b)). This provision replacement bridge and subsequent authorizes an agency to issue a rule The Coast Guard First District demolition of the original structure. without prior notice and opportunity to Commander has determined that This project will start on October 15, comment when the agency for good potential hazards exist associated with 2017, and be completed by January 31, cause finds that those procedures are the bridge replacement project starting 2021. During this project, replacement ‘‘impracticable, unnecessary, or contrary on October 15, 2017, and continuing and removal of the original structure to the public interest.’’ Under 5 U.S.C. through January 31, 2021. This rule is will take place. To accomplish these 553(b)(B), the Coast Guard finds that needed to control vessel movement, and tasks, a temporary structure will be built good cause exists for not publishing an to protect all persons, vessels, under the original structure to facilitate NPRM with respect to this rule because construction crews, and the marine construction. This temporary structure doing so would be impracticable and environment during the Beals Island will require all vessel traffic to use the contrary to the public interest. The late Bridge replacement and demolition main navigational channel, beneath the finalization of project details did not project on the Moosabec Reach between bridge’s center span, to transit through give the Coast Guard enough time to Jonesport, ME, and Beals Island, ME. the bridge. The temporary structure will publish an NPRM, take public IV. Discussion of the Rule continue to limit vessels transiting comments, and issue a final rule before through the bridge to a beam of less than the construction work is set to begin. It This rule establishes a Regulated 75 feet. The temporary structure will be would be impracticable and contrary to Navigation Area from October 15, 2017, lit every 50 feet and the foundation will the public interest to delay through January 31, 2021. The RNA will encroach on the new navigational promulgating this rule as it is necessary cover all navigable waters from surface channel. The Coast Guard will issue a to respond to the potential safety to bottom of the Moosabec Reach within Broadcast Notice to Mariners via marine hazards associated with the bridge 150 yards of the Beals Island Bridge, channel 16 (VHF–FM) with as much replacement project beginning on ME. advanced notice as possible for any October 15, 2017. BILLING CODE 9110–04–P pmangrum on DSK3GDR082PROD with RULES VerDate Sep<11>2014 15:12 Oct 23, 2017 Jkt 244001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\24OCR1.SGM 24OCR1

49108 Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Rules and Regulations BILLING CODE 9110–04–C Bridge unless authorized by the First we only expect two closures lasting less The vessels operating within the RNA District Commander or the COTP, Sector than 8 hours each. The Coast Guard may are subject to a ‘‘Slow-No Wake’’ speed Northern New England. Vessels will be also need to close the RNA described in limit. More specifically, vessels may not limited to using only the main this rule to all vessel traffic during any produce a wake and may not attain navigational channel, under the bridge’s circumstance that poses an imminent pmangrum on DSK3GDR082PROD with RULES speeds greater than five (5) knots unless center span, to transit through the threat to waterway users operating in a higher minimum speed is necessary to bridge. While the majority of the area. Complete waterway closures maintain steerageway. This RNA also construction activities during the span will be made with as much advanced establishes a beam restriction on vessels of this project will not require waterway notice as possible. transiting the regulated area and closures, certain tasks can only be The Coast Guard will notify the prohibits vessels whose beam exceeds completed in the channel and will public and local mariners of this RNA ER24OC17.006</GPH> 75 feet from transiting the Beals Island require closing the waterway. Currently, through appropriate means, which may VerDate Sep<11>2014 15:12 Oct 23, 2017 Jkt 244001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\24OCR1.SGM 24OCR1

Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Rules and Regulations 49109 include, but are not limited to, While some owners or operators of believe this rule has implications for publication in the Local Notice to vessels intending to transit the RNA federalism or Indian tribes, please Mariners and Broadcast Notice to may be small entities, for the reasons contact the person listed in the FOR Mariners via marine Channel 16 (VHF– stated in section V.A., this rule will not FURTHER INFORMATION CONTACT section FM) in advance of any closure. have a significant economic impact on above. any vessel owner or operator. V. Regulatory Analyses Under section 213(a) of the Small E. Unfunded Mandates Reform Act We developed this rule after Business Regulatory Enforcement The Unfunded Mandates Reform Act considering numerous statutes and Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires Executive orders related to rulemaking. we want to assist small entities in Federal agencies to assess the effects of Below we summarize our analyses understanding this rule. If the rule their discretionary regulatory actions. In based on a number of these statutes and would affect your small business, particular, the Act addresses actions Executive orders, and we discuss First organization, or governmental that may result in the expenditure by a Amendment rights of protestors. jurisdiction and you have questions State, local, or tribal government, in the A. Regulatory Planning and Review concerning its provisions or options for aggregate, or by the private sector of compliance, please contact the person $100,000,000 (adjusted for inflation) or Executive Orders 12866 and 13563 listed in the FOR FURTHER INFORMATION more in any one year. Though this rule direct agencies to assess the costs and CONTACT section. will not result in such an expenditure, benefits of available regulatory Small businesses may send comments we do discuss the effects of this rule alternatives and, if regulation is on the actions of Federal employees elsewhere in this preamble. necessary, to select regulatory who enforce, or otherwise determine approaches that maximize net benefits. compliance with, Federal regulations to F. Environment Executive Order 13771 directs agencies the Small Business and Agriculture We have analyzed this rule under to control regulatory costs through a Regulatory Enforcement Ombudsman Department of Homeland Security budgeting process. This rule has not and the Regional Small Business Management Directive 023–01 and been designated a ‘‘significant Regulatory Fairness Boards. The Commandant Instruction M16475.lD, regulatory action,’’ under Executive Ombudsman evaluates these actions which guide the Coast Guard in Order 12866. Accordingly, it has not annually and rates each agency’s complying with the National been reviewed by the Office of responsiveness to small business. If you Environmental Policy Act of 1969 (42 Management and Budget (OMB), and wish to comment on actions by U.S.C. 4321–4370f), and have pursuant to OMB guidance it is exempt employees of the Coast Guard, call 1– determined that this action is one of a from the requirements of Executive 888–REG–FAIR (1–888–734–3247). The category of actions that do not order 13771. Coast Guard will not retaliate against individually or cumulatively have a The Coast Guard has determined that small entities that question or complain significant effect on the human this rulemaking is not a significant about this rule or any policy or action environment. This rule involves a regulatory action. The RNA only of the Coast Guard. temporary RNA for the navigable waters impacts a small designated area of the within 150-yards of Beals Island Bridge Moosabec Reach and permits the C. Collection of Information between Jonesport, ME, and Beals majority of typical vessel traffic on the This rule will not call for a new Island, ME. It is categorically excluded Moosabec Reach to continue to transit collection of information under the from further review under paragraph the waterway. Additionally, it is Paperwork Reduction Act of 1995 (44 34(g) of Figure 2–1 of the Commandant currently anticipated the RNA will be U.S.C. 3501–3520). Instruction. A Record of Environmental closed to all traffic on two brief Consideration for Categorically occasions, each lasting less than 8 D. Federalism and Indian Tribal Governments Excluded Actions is available in the hours. Any other periods during which docket where indicated under the RNA is closed to all traffic will be A rule has implications for federalism ADDRESSES. infrequent and as short in duration as under Executive Order 13132, possible. The Coast Guard will notify Federalism, if it has a substantial direct G. Protest Activities the public of the enforcement of this effect on the States, on the relationship The Coast Guard respects the First rule via appropriate means, such as via between the national government and Amendment rights of protesters. Local Notice to Mariners and Broadcast the States, or on the distribution of Protesters are asked to contact the Notice to Mariners. power and responsibilities among the person listed in the FOR FURTHER various levels of government. We have INFORMATION CONTACT section to B. Impact on Small Entities analyzed this rule under that Order and coordinate protest activities so that your The Regulatory Flexibility Act of have determined that it is consistent message can be received without 1980, 5 U.S.C. 601–612, as amended, with the fundamental federalism jeopardizing the safety or security of requires Federal agencies to consider principles and preemption requirements people, places or vessels. the potential impact of regulations on described in Executive Order 13132. small entities during rulemaking. The Also, this rule does not have tribal VI. Public Participation and Request for term ‘‘small entities’’ comprises small implications under Executive Order Comments businesses, not-for-profit organizations 13175, Consultation and Coordination We view public participation as that are independently owned and with Indian Tribal Governments, essential to effective rulemaking, and pmangrum on DSK3GDR082PROD with RULES operated and are not dominant in their because it does not have a substantial will consider all comments and material fields, and governmental jurisdictions direct effect on one or more Indian received during the comment period. with populations of less than 50,000. tribes, on the relationship between the Your comment can help shape this The Coast Guard certifies under 5 U.S.C. Federal Government and Indian tribes, rulemaking. We may change this rule in 605(b) that this rule will not have a or on the distribution of power and view of them. If you submit a comment, significant economic impact on a responsibilities between the Federal please include the docket number for substantial number of small entities. Government and Indian tribes. If you this rulemaking, indicate the specific VerDate Sep<11>2014 15:12 Oct 23, 2017 Jkt 244001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\24OCR1.SGM 24OCR1

49110 Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Rules and Regulations section of this document to which each 67°37′01.7″ W. and then east along the (d) Penalties. Those who violate this comment applies, and provide a reason shoreline to a point on land at position section are subject to the penalties set for each suggestion or recommendation. 44°31′41.3″ N., 67°36′48.9″ W. forth in 33 U.S.C. 1232. We encourage you to submit 3°10′04.944″ W. and then south across (e) Enforcement period. This RNA’s comments through the Federal the channel back to the point of origin. speed and beam restrictions are eRulemaking Portal at http:// These coordinates are based on [NAD enforceable 24 hours a day as long as www.regulations.gov. If your material 83]. this RNA is in place. The Coast Guard cannot be submitted using http:// (b) Regulations. The general will enforce waterway closures only www.regulations.gov, contact the person regulations contained in 33 CFR 165.13 when necessary to protect people and in the FOR FURTHER INFORMATION apply within the RNA. vessels from hazards associated with CONTACT section of this document for (1) Any vessel transiting through the bridge construction. alternate instructions. Beals Island Bridge must make a direct (f) Notification. Coast Guard Sector We accept anonymous comments. All passage using the main channel under Northern New England will give notice comments received will be posted the center span. No vessel may stop, through the Local Notice to Mariners without change to http:// moor, anchor, or loiter within the RNA and Broadcast Notice to Mariners www.regulations.gov and will include at any time unless they are working on regarding enforcement of this RNA. any personal information you have the bridge construction or have received Coast Guard Sector Northern New provided. For more about privacy and prior authorization by the First District England will also notify the public to the docket, visit http:// Commander or the Captain of the Port the greatest extent possible of any www.regulations.gov/privacyNotice. (COTP), Sector Northern New England, period in which the Coast Guard will Documents mentioned in this TFR as or his designated representative. suspend enforcement of this RNA. being available in the docket, and all (2) Movement within this RNA is subject to a ‘‘Slow-No Wake’’ speed Dated: October 12, 2017. public comments, will be in our online limit. No vessels may produce a wake S.D. Poulin, docket at http://www.regulations.gov and can be viewed by following that nor attain speeds greater than five (5) Rear Admiral, U.S. Coast Guard, Commander, knots unless a higher minimum speed is First Coast Guard District. Web site’s instructions. Additionally, if you go to the online docket and sign up necessary to maintain bare steerageway. [FR Doc. 2017–23049 Filed 10–23–17; 8:45 am] for email alerts; you will be notified (3) No vessel with a beam greater than BILLING CODE 9110–04–P when comments are posted or if a 75 feet may transit this area unless they revised final rule is published. receive advance authorization by the First District Commander or the Captain DEPARTMENT OF HOMELAND List of Subjects in 33 CFR Part 165 of the Port (COTP), Sector Northern SECURITY Harbors, Marine safety, Navigation New England. (4) There may be times that the First Coast Guard (water), Reporting and recordkeeping requirements, Security measures, District Commander or the COTP finds it necessary to close the RNA to vessel 33 CFR Part 165 Waterways. For the reasons discussed in the traffic. Mariners will be advised of all [Docket Number USCG–2017–0982] preamble, the Coast Guard amends 33 closure dates and times via Local Notice to Mariners and Broadcast Notice to RIN 1625–AA00 CFR part 165 as follows: Mariners in advance of closure times. Safety Zone; Mamala Bay, Oahu, HI PART 165—REGULATED NAVIGATION During periods of closure, persons and AREAS AND LIMITED ACCESS AREAS vessels may request permission to enter AGENCY: Coast Guard, DHS. and transit the RNA by contacting the ACTION: Temporary final rule. ■ 1. The authority citation for part 165 COTP or the COTP’s on-scene continues to read as follows: representative on VHF–16 or via phone SUMMARY: On October 10, 2017, the Authority: 33 U.S.C. 1231; 50 U.S.C. 191; at 207–767–0303. fishing vessel PACIFIC PARADISE ran 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; (5) Any vessels transiting within this aground off of the navigable waters of Department of Homeland Security Delegation RNA must comply with all directions Mamala Bay near Waikiki at Kaimana No. 0170.1. given to them by the COTP or the Beach, Oahu, Hawaii. On October 11, COTP’s on-scene representative. The 2017, the Coast Guard established for ■ 2. Add § 165.T01–0890 to read as ‘‘on-scene representative’’ of the COTP seven days a temporary safety zone follows: is any Coast Guard commissioned, encompassing all waters extending 500 § 165.T01–0890 Regulated Navigation warrant or petty officer who has been yards in all directions around the Area; Beals Island Bridge Replacement, designated by the COTP to act on the grounded fishing vessel located Moosabec Reach, Jonesport, ME. COTP’s behalf. The on-scene approximately 350 yards southwest of (a) Regulated Navigation Area representative may be on a Coast Guard Kaimana Beach in position 21°15.69′ N.; boundaries. The following area is a vessel; or other designated craft; or on 157°49.49′ W. to assist with vessel Regulated Navigation Area (RNA): All shore and communicating with vessels salvage operations. On October 18, 2017 navigable waters of the Moosabec Reach via VHF–FM radio or loudhailer. the Coast Guard will extend the safety between Jonesport, ME, and Beals, ME, Members of the Coast Guard Auxiliary zone for two additional weeks while from surface to bottom, within 150- may be present to inform vessel salvage operations continue. The yards of the Beals Island Bridge. operators of this regulation. temporary safety zone currently pmangrum on DSK3GDR082PROD with RULES Encompassed by a line connecting the (6) All other relevant regulations, stationary around the grounded vessel following points 44°31′19.8″ N., including but not limited to the Rules of will become a moving safety zone 67°36′44.1″ W. and then west along the the Road, as codified in 33 CFR during the salvage and removal shoreline to a point on land at position Subchapter E, Inland Navigational operation and remain a moving safety 44°31′20.1″ N., 67°36′57.9″ W. and then Rules, remain in effect within this RNA zone so until the towing operation is north across the channel to a point on and must be strictly followed at all complete. During salvage and removal land at position 44°31′39.1″ N., times. operations, the zone will continue to VerDate Sep<11>2014 15:12 Oct 23, 2017 Jkt 244001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\24OCR1.SGM 24OCR1


Document Created: 2018-10-25 10:07:53
Document Modified: 2018-10-25 10:07:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule; request for comments.
DatesThis rule is effective without actual notice from October 24, 2017 through January 31, 2021. For the purposes of enforcement, actual notice will be used from October 15, 2017, through October 24, 2017.
ContactIf you have questions on this rule, call or email Mr. Craig Lapiejko, Waterways Management, First Coast Guard District; telephone (617) 223-8351, email [email protected] 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 [email protected]
FR Citation82 FR 49106 
RIN Number1625-AA11
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways
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