[Federal Register Volume 83, Number 188 (Thursday, September 27, 2018)]
[Proposed Rules]
[Pages 48748-48750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21057]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0849]
RIN 1625-AA00
Safety Zone; The Gut, South Bristol, ME
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
for the navigable waters within a 50 yard radius from the center point
of The Gut Bridge in South Bristol, ME between Rutherford Island and
Bristol Neck. The safety zone is necessary to protect personnel,
vessels, and the marine environment from potential hazards created
during bedrock removal operations. When enforced, this proposed rule
would prohibit entry of vessels or persons into 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 October 29, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0849 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 about this
proposed rulemaking, 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
MEDOT Maine Department of Transportation
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On October 08, 2014, the Coast Guard published a temporary final
rule titled, ``Regulated Navigation Area; South Bristol Gut Bridge
Replacement, South Bristol, ME.'' in the Federal Register (79 FR 60745)
to enforce a regulated navigation area during bridge replacement
operations. This regulated navigation area allowed the Coast Guard to
enforce speed and wake restrictions and prohibit all vessel traffic
through the regulated navigation area during bridge replacement
operations. This rule was effective until April 30, 2017. No comments
were received during the public comment period of this rule making.
On August 21, 2018, the Maine Department of Transportation (MEDOT)
notified the Coast Guard that it will be removing bedrock in the areas
between Rutherford Island and Bristol Neck underneath The Gut Bridge.
The removal operations include removing bedrock from between the bridge
abutments and areas near the navigation channel both upstream and
downstream
[[Page 48749]]
of The Gut Bridge. To remove the bedrock workers will need to utilize
the waterway underneath the bridge span and prohibit people and vessels
from entering the safety zone at various times. Removal operations are
expected to take place between November 2018 and March 2019. However,
we only anticipate a continuous 35 day full closure of the waterway.
The Captain of the Port (COTP) Northern New England has determined that
the potential hazards associated with the removal operations will be a
safety concern for anyone transiting within a 50-yard radius of the
center point of The Gut Bridge.
The purpose of this rulemaking is to ensure the safety of vessels
and personnel from potential hazards associated with the removal of
bedrock within a 50-yard radius of the center point of The Gut Bridge
during scheduled bedrock removal operations. The Coast Guard proposes
this rulemaking under authority in 33 U.S.C. 1231.
III. Discussion of Proposed Rule
The Captain of the Port (COTP) Northern New England proposes to
establish a safety zone from 12:01 a.m. on November 8, 2018 to 11:59 on
March 31, 2019. While the safety zone would be effective throughout
this period, it would only be enforced during periods of active bedrock
removal operations. The safety zone would include all navigable waters
from surface to bottom within a 50 yard radius from the center point of
The Gut Bridge between Rutherford Island and Bristol Neck in South
Bristol, ME. During times of 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.
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 enforcement.
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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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.
This regulatory action determination is based on the size,
location, duration, and selective enforcement of the safety zone. The
safety zone will impact only a small designated portion on The Gut
waterway for 143 days. This waterway is typically transited by small
recreational craft on an infrequent basis after Labor Day Weekend and
prior to Memorial Day Weekend. Vessel traffic would be able to safely
transit around this safety zone with a slight delay (approximately 20-
60 minutes) by transiting around Rutherford Island to reach any
destination on the other side of The Gut. Additionally, the safety zone
will only be enforced during active bedrock removal operations
necessitating closure of the waterway or during an emergency. Moreover,
the rule allows vessels to seek permission to enter the zone. The Coast
Guard will notify the public of enforcement of this rule via
appropriate means, such as via Local Notice to Mariners and Broadcast
Notice to Mariners via marine Channel 16 (VHF-FM)
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 contact 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 contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
[[Page 48750]]
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 and Commandant Instruction M16475.1D, 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 a safety zone that would
prohibit entry within a 50-yard radius of the center point of a bridge.
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. 01. A preliminary Record of Environmental
Consideration supporting this determination is available in the docket
where indicated under ADDRESSES. 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 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.
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.
We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
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: 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.T01-0849 to read as follows:
Sec. 165.T01-0849 Safety Zone[s]; Safety Zone; The Gut, South
Bristol, ME.
(a) Location. The following area is a safety zone: All waters of
The Gut, a waterway between Rutherford Island and Bristol Neck in South
Bristol, ME, from surface to bottom, encompassed by a 50-yard radius
from the center point of The Gut Bridge at position 43[deg]51.720' N,
069[deg]33.480' W (NAD 83).
(b) Definitions. As used in this section:
Designated representative means any Coast Guard commissioned,
warrant, petty officer, or designated Patrol Commander of the U.S.
Coast Guard who has been designated by the Captain of the Port, Sector
Northern New England (COTP), to act on his or her behalf. The
designated representative may be on an official patrol vessel or may be
on shore and will communicate with vessels via VHF-FM radio or
loudhailer. In addition, members of the Coast Guard Auxiliary may be
present to inform vessel operators of this regulation.
Official patrol vessels means any Coast Guard, Coast Guard
Auxiliary, state, or local law enforcement vessels assigned or approved
by the COTP to enforce this section.
(c) Enforcement period. This rule will be effective from 12:01 a.m.
on November 8, 2018 through 11:59 p.m. on March 31, 2019, but will only
be enforced during active bedrock removal operations or other instances
which may cause a hazard to navigation, or when deemed necessary by the
Captain of the Port (COTP), Northern New England.
(d) Regulations. When this safety zone is enforced, the following
regulations, along with those contained in 33 CFR 165.23 apply:
(1) No person or vessel may enter or remain in the safety zone
described in paragraph (a) of this section unless authorized by the
COTP or the COTP's designated representative.
(2) To obtain permission required by this regulation, individuals
may reach the COTP or the COTP's designated representative via Channel
16 (VHF-FM) or (207) 767-0303 (Sector Northern New England Command
Center).
(3) During periods of enforcement, any person or vessel permitted
to enter the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
(e) Penalties. Those who violate this section are subject to the
penalties set forth in 33 U.S.C. 1232.
(f) 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. Coast
Guard 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.
Dated: September 21, 2018.
B.J. LeFebvre,
Captain, U.S. Coast Guard, Captain of the Port, Sector Northern New
England.
[FR Doc. 2018-21057 Filed 9-26-18; 8:45 am]
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