Rule2021-23324
Safety Zone; Piscataqua River Turning Basin Dredge Project, Portsmouth, NH
Primary source
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Published
October 26, 2021
Effective
October 26, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 204 (Tuesday, October 26, 2021)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23324]
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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.
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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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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
<a href="/cdn-cgi/l/email-protection#e4b78c85918acab0caa08b9d8881a491978783ca898d88"><span class="__cf_email__" data-cfemail="95c6fdf4e0fbbbc1bbd1faecf9f0d5e0e6f6f2bbf8fcf9">[email protected]</span></a>.
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
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</html>Indexed from Federal Register on October 26, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.