Regulated Navigation Area; Piscataqua River, Newington, NH
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Issuing agencies
Abstract
The Coast Guard is establishing a temporary regulated navigation area (RNA) on the Piscataqua River near the General Sullivan Bridge in Newington, NH, due to bridge demolition. The RNA imposes a "Slow-No Wake" speed restriction, limits vessel transiting through the bridge to a beam of less than 160 feet, and other restrictions. Full enforcement periods of the regulated area, prohibiting all vessel entry, will be implemented only during hazardous demolition operations involving multiple cranes lifts of structural steel over the navigational channel. This rule is necessary to protect personnel, vessels, and the marine environment from construction-related hazards.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 112 (Thursday, June 11, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 112 (Thursday, June 11, 2026)]
[Rules and Regulations]
[Pages 35406-35409]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11725]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2026-0401]
RIN 1625-AA11
Regulated Navigation Area; Piscataqua River, Newington, NH
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Temporary interim rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary regulated
navigation area (RNA) on the Piscataqua River near the General Sullivan
Bridge in Newington, NH, due to bridge demolition. The RNA imposes a
``Slow-No Wake'' speed restriction, limits vessel transiting through
the bridge to a beam of less than 160 feet, and other restrictions.
Full enforcement periods of the regulated area, prohibiting all vessel
entry, will be implemented only during hazardous demolition operations
involving multiple cranes lifts of structural steel over the
navigational channel. This rule is necessary to protect personnel,
vessels, and the marine environment from construction-related hazards.
DATES: This rule is effective without actual notice from June 11, 2026,
through March 31, 2027. For the purposes of enforcement, actual notice
will be used from June 10, 2026, until June 11, 2026. Comments and
related material must be received by the Coast Guard on or before
September 9, 2026.
ADDRESSES: You may submit comments identified by docket number USCG-
2026-0401 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public
Participation and Request for Comments'' portion of the SUPPLEMENTARY
INFORMATION section for further instructions on submitting comments. To
view available documents, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search
for USCG-2026-0401.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
contact MST1 Kyle Willis, Sector Northern New England Management
Division, U.S. Coast Guard; telephone 571-608-5659, or email
<a href="/cdn-cgi/l/email-protection#a6eddfcac388e288f1cfcacacfd5e6d3d5c5c188cbcfca"><span class="__cf_email__" data-cfemail="a3e8dacfc68de78df4cacfcfcad0e3d6d0c0c48dcecacf">[email protected]</span></a>.
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
RNA Regulated Navigation Area
Sec. Section
U.S.C. United States Code
II. Background and Authority
On January 12, 2026, New Hampshire Department of Transportation
notified the Coast Guard they are nearing completion of temporary
trestles needed for the demolition of the General Sullivan Bridge,
Piscataqua River, Newington, NH. This phase of the demolition includes
removing deck and superstructure of spans. Due to the presence of crane
barges and other construction equipment located in the navigational
channel vessels transiting through the bridge will be limited to a beam
of less than 160 feet from approximately June 2026 to December 2026.
Based on the hazardous conditions created by this demolition project,
the Northeast Coast Guard District Commander has determined that
establishment of a temporary RNA through rulemaking is warranted to
ensure the safety of life, property, and the environment within the
regulated area.
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The
[[Page 35407]]
Commander of the Northeast Coast Guard District has determined that
potential hazards associated with this bridge demolition will continue
to exist through March 31, 2027, creating a safety concern for anyone
transiting the Piscataqua River in the vicinity of the General Sullivan
Bridge demolition project. This rule is needed to protect personnel,
vessels, and the marine environment in the navigable waters within the
regulated area while bridge replacement operations are taking place.
The Coast Guard is issuing this rule without prior notice and
comment. As is authorized by 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 it is impracticable
and contrary to the public interest. Demolition of the General Sullivan
Bridge is currently underway, creating a hazardous condition.
Therefore, there is an urgent need for the RNA to protect the safety of
both the construction crew and the waterway users operating in the
vicinity of the bridge demolition. An interruption of the project to
accommodate a full notice and comment period would also delay necessary
operations, result in increased costs, and postponement to the
completion date of the demolition project. We did not receive
sufficient notice to solicit comments prior to the establishment of
this RNA.
Because of the hazards associated with the bridge construction and
replacement, the Coast Guard finds that under 5 U.S.C. 553(d)(3), 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 and contrary to public interest
because immediate action is needed to respond to the hazardous
conditions created by the demolition of the bridge that is about to
commence.
Although this regulation is published as a temporary interim rule
without prior notice, public comment is nevertheless desirable to
ensure that the regulation is both workable and reasonable.
Accordingly, persons wishing to comment may do so by submitting written
comments as set out under ADDRESSES section in this preamble.
Commenters should include their names and addresses, identify the
docket number for the regulation, and give reasons for their comments.
If the Coast Guard determines that changes to the temporary interim
rule are necessary, we will publish a temporary final rule or other
appropriate document.
III. Discussion of the Rule
This rule establishes an RNA from 12:01 a.m. on June 10, 2026,
until 11:59 p.m. on March 31, 2027.
The Coast Guard is creating a RNA as shown in figure 1, to include
all navigable waters of the Piscataqua River in the vicinity of the
General Sullivan Bridge, Newington, NH, surface to bottom, encompassed
by a line connecting the following approximated positions, beginning at
43[deg]07'17.04'' N, 070[deg]49'27.99'' W; thence to 43[deg]07'04.67''
N, 070[deg]49'51.61'' W; thence to 43[deg]06'53.12'' N,
070[deg]49'39.59'' W; thence to 43[deg]07'08.01'' N, 070[deg]49'16.03''
W; and thence to the point of origin, expressed in Degrees ([deg])
Minutes (') Seconds ('') (DMS) based on North American Datum 1983 (NAD
83).
(Figure 1 Chartlet Showing the Boundaries of the RNA.)
[GRAPHIC] [TIFF OMITTED] TR11JN26.000
The RNA will establish the following operating restrictions on
vessels:
(i) Entry and movement within the RNA is subject to a ``Slow-No
Wake'' speed limit. All 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 bare steerageway.
(ii) No vessel with a beam greater than 160 feet may transit this
area.
(iii) Any vessel transiting through the RNA must make a direct
passage. No vessel may stop, fish, moor, anchor, or loiter within the
RNA at any time.
(iv) Vessels may not pass (overtake) another vessel within the RNA.
(v) The operator of any vessel transiting in the RNA must comply
with all lawful directions given to them by the COTP or the COTP's on-
scene representative.
(vi) When a full enforcement period of the regulated area is
activated, only vessel authorized by COTP may enter or remain within
the regulated area.
The ``Slow-No Wake'' speed limit, vessel beam restriction of less
than 160 feet, and other restrictions--except for
[[Page 35408]]
the limited full enforcement period prohibiting vessels from entering
the regulated area--will be enforced throughout the entire effective
period.
Full enforcement periods of the regulated area, which entail
prohibiting all vessel entry within the regulated area, will be
implemented only during hazardous construction operations involving
crane pulls above the navigable channel for demolition activities at
the General Sullivan Bridge. These intermittent full closures are
anticipated to occur between August 1, 2026, and September 1, 2026.
These dates are tentative and subject to change due to weather,
construction or supply chain delays, or other unforeseen circumstances.
The COTP will provide email updates to all stakeholders as the project
progresses and as the full closure dates and times are finalized based
on demolition progress.
This regulated area and duration are intended to ensure the safety
of personnel, vessels, and these navigable waters during the bridge
demolition.
The dates and times of the full enforcement periods, during which
all vessel transits through the regulated area will be prohibited, will
be published in the Local Notice to Mariners, posted on the Coast Guard
Navigation Center Maritime Safety Information Products page at <a href="https://www.navcen.uscg.gov/msi">https://www.navcen.uscg.gov/msi</a>, and issue a Broadcast Notice to Mariners via
marine channel 16 (VHF-FM) as soon as practicable in response to an
emergency or hazardous condition.
This rule will remain in effect through March 31, 2027, which
should accommodate the possibility of project delays due to unforeseen
circumstances. If the project is completed before March 31, 2027,
enforcement of the regulated navigation area will be suspended, and
notice will be provided via the Local Notice to Mariners.
The navigational channel width in vicinity of the bridge will be
reduced to 160 ft from June 10, 2026, to December 1, 2026. Markings
will be placed to mark the new width of the channel in accordance with
Private Aids to Navigation requirements in 33 CFR part 66. These dates
are tentative and subject to change due to weather, construction or
supply chain delays, or other unforeseen circumstances.
The Coast Guard Northeast District Local Notice to Mariners can be
found at: <a href="https://www.navcen.uscg.gov/maritime-safety-information">https://www.navcen.uscg.gov/maritime-safety-information</a>.
IV. 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.
A. Impact on Small Entities
The regulatory flexibility analysis provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules that
are not subject to notice and comment. Because the Coast Guard has, for
good cause, waived the notice and comment requirement that would
otherwise apply to this rulemaking, the Regulatory Flexibility Act's
flexibility analysis provisions do not apply here.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), if this rule will affect your
small business, organization, or governmental jurisdiction and you have
questions, contact the person listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments to the Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards by calling 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.
B. 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).
C. Federalism and Indian Tribal Governments
We have analyzed this rule under Executive Order 13132, Federalism,
and have determined that it is consistent with the fundamental
federalism principles and preemption requirements described in that
Order.
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.
D. Unfunded Mandates Reform Act
As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1531-1538), the Coast Guard certifies that this rule will not result in
an annual expenditure of $100,000,000 or more (adjusted for inflation)
by a State, local, or tribal government, in the aggregate, or by the
private sector.
E. 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 et seq.), and have determined that this action is one
of a category of actions that do not individually or cumulatively have
a significant effect on the human environment.
This rule is a regulated navigation area. 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 will be
available in the docket.
V. 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 the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type
USCG-2026-0401 in the search box and click ``Search.'' Next, look for
this document in the Search Results column, and click on it. Then click
on the Comment option. If you cannot submit your material by using
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR
FURTHER INFORMATION CONTACT section of this rule for alternate
instructions.
Viewing material in the docket. To view available documents, find
the docket as described in the previous paragraph, and then select
``Supporting & Related Material'' in the Document Type column. We will
post public comments in our online docket. Additional information is on
the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked Questions web page.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will
[[Page 35409]]
include any personal information you have provided. For more about
privacy and submissions to the docket in response to this document, see
DHS's eRulemaking System of Records notice (85 FR 14226, March 11,
2020).
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, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; DHS Delegation No. 00170.1, Revision No. 01.4.
0
2. Add Sec. 165.T01-0401 to read as follows:
Sec. 165.T01-0401 Regulated Navigation Area; Piscataqua River,
Newington, NH.
(a) Location. The following area is a Regulated Navigation Area
(RNA): all navigable waters of the Piscataqua River, in the vicinity of
the General Sullivan Bridge, Newington, NH, surface to bottom,
encompassed by a line connecting the following approximated positions,
beginning at 43[deg]07'17.04'' N, 070[deg]49'27.99'' W; thence to
43[deg]07'04.67'' N, 070[deg]49'51.61'' W; thence to 43[deg]06'53.12''
N, 070[deg]49'39.59'' W; thence to 43[deg]07'08.01'' N,
070[deg]49'16.03'' W; and thence to the point of origin, expressed in
Degrees ([deg]) Minutes (') Seconds ('') (DMS) based on North American
Datum 1983 (NAD 83).
(b) Definitions. The following definitions apply to this section.
(1) 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 Northeast Coast Guard District Commander
in the enforcement of the regulated area.
(2) Local officer means any officer, agent, or employee of a unit
of local government authorized by law or by a local government agency
to engage in or supervise the prevention, detection, investigation, or
prosecution of any violation of criminal law.
(c) Regulations. In addition to the general RNA regulations in
Sec. 165.13, the following regulations apply to the RNA described in
paragraph (a) of this section.
(1) Nothing in this section relieves any vessel, owner, operator,
charterer, master, or person directing the movement of a vessel, from
the consequences of any neglect to comply with this part or any other
applicable law or regulation (i.e., the International Regulations for
Prevention of Collisions at Sea, 1972 (72 COLREGS) or 33 CFR part 84)
or of the neglect of any precaution which may be required by the
ordinary practice of seamen, or by the special circumstances of the
case.
(2) Entry and movement within the RNA is subject to a ``Slow-No
Wake'' speed limit. All 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 bare steerageway.
(3) No vessel with a beam greater than 160 feet may transit this
area.
(4) Any vessel transiting through the RNA must make a direct
passage. No vessel may stop, fish, moor, anchor, or loiter within the
RNA at any time.
(5) Vessels may not pass (overtake) another vessel within the RNA.
(6) The operator of any vessel transiting in the RNA must comply
with all lawful directions given to them by the Captain of the Port
(COTP) or the COTP's on-scene representative.
(7) When a full enforcement period of the regulated area is
activated, only vessel authorized by COTP may enter or remain within
the RNA.
(d) Enforcement. The following enforcement periods and requirements
apply to this RNA.
(1) This section will be enforced from 12:01 a.m. on June 10, 2026,
to 11:59 p.m. on March 31, 2027.
(2) The ``Slow-No Wake'' speed limit, and other restrictions--
except for the limited full enforcement period prohibiting vessels from
entering the regulated area--will be enforced throughout the entire
enforcement period.
(3) Full enforcement periods of the regulated area, prohibiting all
vessel entry, will be enforced only during hazardous demolition
operations obstructing the navigable channel. The Coast Guard will
issue information on full enforcement periods through Local Notice to
Mariners, the Coast Guard Navigation Center Maritime Safety Information
Products page at <a href="https://www.navcen.uscg.gov/msi">https://www.navcen.uscg.gov/msi</a>, and Broadcast Notice
to Mariners via marine channel 16 (VHF-FM) as soon as practicable.
(4) Persons or vessels seeking to deviate from the restrictions
described in section (c) of this section or to enter the regulated area
during a full enforcement period must request authorization from the
COTP or the COTP's on-scene designated representative on VHF-16 or via
phone at (718) 354-4353.
Michael E. Platt,
Rear Admiral, U.S. Coast Guard, Commander, Northeast District.
[FR Doc. 2026-11725 Filed 6-10-26; 8:45 am]
BILLING CODE 9110-04-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>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.