Rule2021-17753
Safety Zone; SML Bridge Repairs, Portsmouth, NH
Primary source
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Published
August 19, 2021
Effective
August 19, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for certain navigable waters on the Piscataqua River in Portsmouth, New Hampshire. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by cross-channel repair work on the submarine cables and removal of concrete cable mats on the Sarah Mildred Long Bridge in Portsmouth, NH. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Northern New England (COTP) or a Designated Representative.
Full Text
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<title>Federal Register, Volume 86 Issue 158 (Thursday, August 19, 2021)</title>
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[Federal Register Volume 86, Number 158 (Thursday, August 19, 2021)]
[Rules and Regulations]
[Pages 46601-46603]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17753]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0519]
RIN 1625-AA00
Safety Zone; SML Bridge Repairs, Portsmouth, NH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters on the Piscataqua River in Portsmouth, New
Hampshire. The safety zone is needed to protect personnel, vessels, and
the marine environment from potential hazards created by cross-channel
repair work on the submarine cables and removal of concrete cable mats
on the Sarah Mildred Long Bridge in Portsmouth, NH. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by
the Captain of the Port Northern New England (COTP) or a Designated
Representative.
DATES: This rule is effective without actual notice from August 19,
2021, through October 31, 2021. For the purposes of enforcement, actual
notice will be used from September 1, 2021, until August 19, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2021-0519 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
<a href="/cdn-cgi/l/email-protection#085b60697d66265c264c6771646d487d7b6b6f26656164"><span class="__cf_email__" data-cfemail="a4f7ccc5d1ca8af08ae0cbddc8c1e4d1d7c7c38ac9cdc8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Northern New England
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
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because we must establish the temporary
safety zone by September 1, 2021, for this unscheduled critical repair
work and insufficient time exists to execute the full NPRM process.
Additionally, delaying the effective date of this rule would be
contrary to the public interest as it is necessary to establish this
safety zone to protect personnel and vessels from hazards associated
with submarine cable repairs and concrete mat removal on the Sarah
Mildred Long Bridge.
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 immediate action is needed to
respond to the potential safety hazards associated with submarine cable
repairs and concrete mat removal on the Sarah Mildred Long Bridge.
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
submarine cable repairs and concrete mat removal starting September 1,
2021, will be a safety concern for anyone within a 100-yard radius of
crane barges
[[Page 46602]]
and associated machinery conducting repairs to the Sarah Mildred Long
Bridge. This rule is needed to protect personnel, vessels, and the
marine environment in the navigable waters within the safety zone while
the bridge is being repaired.
IV. Discussion of the Rule
This rule establishes a safety zone from September 1, 2021 through
October 31, 2021. The safety zone will cover all navigable waters
within a 100-yard radius of crane barges and associated machinery
conducting repairs on the Sarah Mildred Long Bridge. The safety zone
will be enforced during 4.5 hour periods around slack tide, either once
or twice a day, on each prescribed day within the effective period
listed above. During periods of enforcement, the Sarah Mildred Long
Bridge will remain in the closed position and all vessels will be
prohibited from transiting under the bridge. The duration of the zone
is intended to protect personnel, vessels, and the marine environment
in these navigable waters while the bridge is being repaired. No vessel
or person will be permitted to enter the safety zone without obtaining
permission from the COTP or a Designated Representative.
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, 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 zone
is only in effect for navigable waters within a 100-yard radius of
crane barges and associated machinery conducting repairs on the Sarah
Mildred Long Bridge. The safety zone will only be enforced during 4.5
hour periods around slack tide, either once or twice a day, on each
prescribed day while the crane barge is on site and actively engaged in
bridge repairs. Persons or vessels desiring to enter the safety zone
may do so with the permission from the COTP or a Designated
Representative. The Coast Guard will notify the public of the
enforcement of this rule 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 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 a safety zone on the Piscataqua River that will prohibit
entry within a 100-yard radius of crane barges and associated machinery
being used by personnel to repair the Sarah Mildred Long Bridge. It is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
[[Page 46603]]
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.
0
2. Add Sec. 165.T01-0519 to read as follows:
Sec. 165.T01-0519 Safety Zone; SML Bridge Repairs, Portsmouth, NH.
(a) Location. The following area is a safety zone: All navigable
waters of the Piscataqua River, from surface to bottom, within a 100-
yard radius around crane barges and associated machinery conducting
repairs on the Sarah Mildred Long Bridge.
(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 zone 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 September 1,
2021, through October 31, 2021, but will only be enforced during
periods when bridge repairs are active. When enforced, the Sarah
Mildred Long Bridge will remain in the closed position and all vessels
will be prohibited from transiting under the bridge. The Coast Guard
will notify the public of the enforcement of this rule 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.
Dated: August 4, 2021.
A.E. Florentino,
Captain, U.S. Coast Guard, Captain of the Port Northern New England.
[FR Doc. 2021-17753 Filed 8-18-21; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on August 19, 2021.
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