[Federal Register Volume 82, Number 182 (Thursday, September 21, 2017)]
[Rules and Regulations]
[Pages 44075-44077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20068]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0791]
RIN 1625-AA00


Safety Zone; Weskeag River, South Thomaston, ME

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the navigable waters within 50-yards of either side of the Route 73 
Weskeag Bridge, at mile 0.1 on the Weskeag River, in South Thomaston, 
Maine. The safety zone is necessary to protect personnel, vessels, and 
the marine environment from the potential hazards created by the 
demolition, subsequent removal, and replacement of the Route 73 Weskeag 
Bridge. When enforced, this regulation prohibits entry of vessels or 
people into the safety zone unless authorized by the Captain of the 
Port (COTP), Sector Northern New England or a designated 
representative.

DATES: This rule is effective from October 1, 2017 through December 1, 
2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0791 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 LT Matthew Odom, Waterways Management Division, U.S. 
Coast Guard Sector Northern New England, telephone 207-347-5015, 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

II. Background Information and Regulatory History

    On July 27, 2017, Sector Northern New England was made aware of the 
Route 73 Weskeag Bridge replacement project, which spans the Weskeag 
River in South Thomaston, Maine. The COTP Sector Northern New England 
has determined that the potential hazards associated with the bridge 
replacement project will be a safety concern for anyone within the work 
area.
    The project is scheduled to begin on October 1, 2017 and be 
completed by December 1, 2017. During this project, removal and 
replacement of the bridge will take place. No vessel or person will be 
permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative. The safety zone will be 
enforced during different periods during the bridge demolition or when 
other hazards to navigation arise during the new bridge construction. 
The Coast Guard will issue a Broadcast Notice to Mariners via marine 
channel 16 (VHF-FM) 24 hours in advance to any period of enforcement or 
as soon as practicable in response to an emergency. If the project is 
completed prior to December 1, 2017, enforcement of the safety zone 
will be suspended and notice given via Broadcast Notice to Mariners.
    The Coast Guard is issuing this temporary final 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 1, 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 impractical.

III. Legal Authority and Need for Rule

    The legal basis for this temporary rule is 33 U.S.C. 1231. The COTP 
Sector Northern New England has determined that potential hazards 
associated with the bridge replacement project starting on October 1, 
2017 and continuing through December 1, 2017 will be a safety concern 
for anyone within the work zone. This rule is needed to protect 
personnel, vessels, and the marine environment within the safety zone 
while the bridge replacement project is completed.

IV. Discussion of the Rule

    This rule establishes a safety zone from October 1, 2017 through 
December 1, 2017. The safety zone will cover all navigable waters from 
surface to bottom of 50 yards to either side of the Weskeag Bridge. The 
duration of the zone is intended to protect people, vessels, and the 
marine environment in these navigable waters during the bridge 
replacement project. When enforced, no vessel or person will be 
permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative.
    The Coast Guard will notify the public and local mariners of this 
safety zone through appropriate means, which may include, but are not 
limited to, publication in the Federal Register, the Local Notice to 
Mariners, and Broadcast Notice to Mariners via marine Channel 16 (VHF-
FM) in advance of any scheduled enforcement period. The regulatory text 
we are enforcing appears at the end of this document.

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 for the following reasons: (1) The safety 
zone only

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impacts a small designated area of the Weskeag River, (2) the zone will 
only be enforced when work equipment will be placed in the navigable 
channel during removal and replacement of the bridge or if necessitated 
by an emergency, (3) persons or vessels desiring to enter the safety 
zone may do so with permission from the COTP Sector Northern New 
England or a designated representative. 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 
safety zone 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 (Public Law 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 safety zone that will prohibit entry within 
50 yards of the Weskeag Bridge during its removal and replacement. 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 will be 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.

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.T01-0791 to read as follows:


Sec.  165.T01-0791  Safety Zone--Route 73 Weskeag Bridge, Weskeag 
River, South Thomaston, ME.

    (a) Location. The following area is a safety zone. All navigable 
waters of the Weskeag River, ME within a 50-yard radius of the Route 73 
Weskeag Bridge that spans the Weskeag River in South Thomaston, ME in 
position 44[deg]03'06'' N, 069[deg]07'33'' W (NAD 83).
    (b) Effective and enforcement period. This rule will be effective 
on October 1, 2017, through December 1, 2017, but will only be enforced 
during removal and replacement of the Route 73 Weskeag Bridge or other 
instances which may cause a hazard to navigation, when deemed necessary 
by the Captain of the Port (COTP), Northern New England.
    (c) Regulations. When this safety zone is enforced, the following 
regulations, along with those contained in Sec.  165.23 apply:
    (1) No person or vessel may enter or remain in this safety zone 
without the permission of the Captain of the Port

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(COTP) or a COTP representative. However, any vessel that is granted 
permission by the COTP or a COTP representative must proceed through 
the area with caution and operate at a speed no faster than that speed 
necessary to maintain a safe course, unless otherwise required by the 
Navigation Rules.
    (2) Any person or vessel permitted to enter the safety zone shall 
comply with the directions and orders of the COTP or a COTP 
representative. Upon being hailed by a U.S. Coast Guard vessel by 
siren, radio, flashing lights, or other means, the operator of a vessel 
within the zone shall proceed as directed. Any person or vessel within 
the safety zone shall exit the zone when directed by the COTP or a COTP 
representative.
    (3) To obtain permissions required by this regulation, individuals 
may reach the COTP or a COTP representative via Channel 16 (VHF-FM) or 
(207) 741-5465 (Sector Northern New England Command Center).
    (d) Penalties. Those who violate this section are subject to the 
penalties set forth in 33 U.S.C. 1232.
    (e) Notification. Coast Guard Sector Northern New England will give 
notice through the Local Notice to Mariners and Broadcast Notice to 
Mariners for the purpose of enforcement of temporary safety zone. 
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 safety zone.
    (f) COTP representative. A COTP representative may be any Coast 
Guard commissioned, or petty officer or any federal, state, or local 
law enforcement officer who has been designated by the COTP to act on 
the COTP's behalf. A COTP representative may be on a Coast Guard 
vessel, a Coast Guard Auxiliary vessel, a state or local law 
enforcement vessel, or a location on shore.

    Dated: September 15, 2017.
M.A. Baroody,
Captain, U.S. Coast Guard, Captain of the Port, Sector Northern New 
England.
[FR Doc. 2017-20068 Filed 9-20-17; 8:45 am]
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