Safety Zone; Piscataqua River Turning Basin Dredge Project, Portsmouth, NH
| Published date | 25 August 2021 |
| Citation | 86 FR 47433 |
| Record Number | 2021-17891 |
| Section | Proposed rules |
| Court | Coast Guard |
Federal Register, Volume 86 Issue 162 (Wednesday, August 25, 2021)
[Federal Register Volume 86, Number 162 (Wednesday, August 25, 2021)]
[Proposed Rules]
[Pages 47433-47435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17891]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish 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. This proposed rulemaking would prohibit
persons and vessels from being in the safety zone unless authorized by
the Captain of the Port Northern New England or a Designated
Representative. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before September 24, 2021.
ADDRESSES: You may submit comments identified by docket number USCG-
2021-0344 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Shaun Doyle, Sector Northern New England Waterways
Management Division, U.S. Coast Guard; telephone 207-347-5015, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
COTP Captain of the Port Northern New England
II. Background, Purpose, and Legal Basis
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 1,200 feet to improve navigation maneuverability
and safety.
The project includes dredging approximately 12-14 million cubic
yards of silt, blue clay, till and weathered rock from the uppermost
turning basin of the Piscataqua River in Portsmouth Harbor. The project
will include mechanical dredging, drilling, and blasting operations.
The extent of drilling and blasting operations will not be known until
the top material has been removed and contractors can locate hard rock
spots. The Captain of the Port Northern New England (COTP) has
determined that potential hazards associated with dredging operations
would 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 Coast Guard is proposing this rule to
be effective, and enforceable, from October 15, 2021, through April 15,
2022. If the project is completed prior to April 15, 2022, enforcement
of the safety zone will be terminated and notice given via Broadcast
Notice to Mariners, Local Notice to Mariners, or both.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters 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. The Coast
Guard is proposing this rulemaking under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP is proposing to establish two safety zones from October
15, 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
would be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative. The regulatory
text we are proposing appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been designated a
[[Page 47434]]
``significant regulatory action,'' under Executive Order 12866.
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination is based on the size,
location, duration, time-of-day and time-of-year of the safety zone.
The safety zones will be enforced during periods of active dredging or
blasting operations from October 15, 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
would 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 certifies under 5 U.S.C. 605(b) that this
proposed rule would 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
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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 proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made
a preliminary determination 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 proposed rule involves
establishing two safety zones near the uppermost turning basin of the
Piscataqua River in Portsmouth Harbor that will be enforced
periodically from October 15, 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. Normally such actions
are 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 preliminary 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. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
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.
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,
[[Page 47435]]
indicate the specific 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 https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have
provided. For more about privacy and submissions in response to this
document, see DHS's eRulemaking System of Records notice (85 FR 14226,
March 11, 2020).
Documents mentioned in this NPRM as being available in the docket,
and public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. We review all comments received, but we will only post
comments that address the topic of the proposed rule. We may choose not
to post off-topic, inappropriate, or duplicate comments that we
receive.
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 is
proposing to amend 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.
00170.1.
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) Locations. 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 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 October 15,
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: August 16, 2021.
A.E. Florentino,
Captain, U.S. Coast Guard, Captain of the Port, Sector Northern New
England.
[FR Doc. 2021-17891 Filed 8-24-21; 8:45 am]
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