[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]
 BILLING CODE 9110-04-P