[Federal Register Volume 83, Number 195 (Tuesday, October 9, 2018)]
[Rules and Regulations]
[Pages 50503-50506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21867]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0682]
RIN 1625-AA00
Safety Zone; North Hero-Grand Isle Bridge, Lake Champlain, VT
AGENCY: Coast Guard, DHS.
ACTION: Temporary interim rule and request for comments.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the navigable waters within a 50 yard radius from the center of the
North Hero-Grand Isle Bridge, on Lake Champlain, VT. The safety zone is
necessary to protect personnel, vessels, and marine environment from
potential hazards created by the demolition, subsequent removal, and
replacement of the North Hero-Grand Isle Bridge. When enforced, this
regulation prohibits entry of vessels or persons into the safety zone
unless authorized by the Captain of the Port Northern New England or a
designated representative.
DATES: This rule is effective without actual notice from October 9,
2018 through September 1, 2022. For purposes of enforcement, actual
notice will be used from October 1, 2018 through October 9, 2018.
Comments and related material must be received by the Coast Guard
on or before January 7, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0682 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule. You may submit
comments identified by docket number USCG-2018-0575 using the Federal
eRulemaking Portal at http://www.regulations.gov. See the ``Public
Participation and Request for Comments'' portion for further
instructions on submitting comments.
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
TIR Temporary Interim Rule
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On July 5, 2018, Sector Northern New England was made aware by
Cianbro Corporation through email, of the North Hero-Grand Isle Bridge
replacement project, which will be replacing Bridge 8 on US 2 over Lake
Champlain which connects the towns of North Hero Island and Grand Isle
in Vermont. The COTP 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 Coast Guard is publishing this rule to be effective, and
enforceable, through September 1, 2022, in case the project is delayed
due to unforeseen circumstances. 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
[[Page 50504]]
COTP or a designated representative. The safety zone will be enforced
during different periods during bridge deconstruction, temporary bridge
installation, and construction of the permanent structure. Unless there
is an emergency, the Coast Guard will issue a Broadcast Notice to
Mariners via marine channel 16 (VHF-FM) 24 hours in advance of any
period of enforcement. If the project is completed prior to September
1, 2022, enforcement of the safety zone will be suspended and notice
given via Broadcast Notice to Mariners, Local Notice to Mariners, or
both.
The Coast Guard is issuing this temporary interim 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
establish this safety zone on October 1, 2018 to protect the safety of
the waterway users, construction crew, and other personnel associated
with the replacement project. A delay of the replacement project to
accommodate a full notice and comment period would delay necessary
operations, result in increased costs, and delay the date when the
replacement project is expected to be completed and reopen the bridge
for normal operations.
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 effective date of this rule would be impracticable and
contrary to the public interest because timely action is needed to
respond to the potential safety hazards associated with the
construction project.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The COTP Northern New England has determined that potential
hazards associated with the bridge replacement project scheduled from
October 1, 2018 through September 1, 2022 will be a safety concern for
anyone within the work zone. This rule is needed to protect personnel,
vessels, and the marine environment on the navigable waters of Lake
Champlain while the bridge replacement project is completed.
IV. Discussion of Comments, Changes, and the Rule
This rule establishes a safety zone from October 1, 2018 through
September 1, 2022. The safety zone will cover all navigable waters from
surface to bottom within a 50 yard radius from the center of the Route
2 North Hero-Grand Isle Bridge. 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 enforcement.
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 impacts a small designated area of Lake Champlain, (2) the
safety zone will only be enforced when work equipment is present in the
navigable channel as a result of bridge removal and replacement
operations or if there is an emergency, (3) persons or vessels desiring
to enter the safety zone may do so with permission from the COTP
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 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 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 (Pub. L. 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.
[[Page 50505]]
C. Collection of Information
This temporary interim 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
guides 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 a
50 yard radius from the center of the North Hero-Grand Isle Bridge
during its removal and replacement. 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 for
Categorically Excluded Actions 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
temporary interim 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.
VI. 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 http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacyNotice.
Documents mentioned in this TIR as being available in the docket,
and all public comments, will be in our online docket at http://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, 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.T01-0682 to read as follows:
Sec. 165.T01-0682 Safety Zone--North Hero-Grand Isle Bridge, Lake
Champlain, VT.
(a) Location. The following area is a safety zone: All navigable
waters on Lake Champlain, within a 50-yard radius of the center of the
North Hero-Grand Isle Bridge that spans Lake Champlain between North
Hero Island and Grand Isle in position 44[deg]45'57'' N,
073[deg]17'20'' W (NAD 83).
(b) Definitions. As used in this section:
(1) Designated representative means any Coast Guard commissioned,
warrant, petty officer, or any federal, state, or local law enforcement
officer who has been designated by the Captain of the Port (COTP)
Northern New England, 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.
(2) Official patrol vessels means any Coast Guard, Coast Guard
Auxiliary, state, or local law enforcement vessels assigned or approved
by the COTP Northern New England to enforce this section.
(c) Effective and enforcement period. This section is enforceable
24 hours a day from October 1, 2018, through September 1, 2022. When
enforced as deemed necessary by the Captain of the Port (COTP) Northern
New England, vessels and persons will be prohibited from entering this
safety zone unless granted permission from the COTP Northern New
England or the COTP's designated representative.
(d) Regulations. When this safety zone is enforced, the following
regulations, along with those contained in Sec. 165.23 apply:
[[Page 50506]]
(1) No person or vessel may enter or remain in this safety zone
without the permission of the Captain of the Port (COTP) Northern New
England or the COTP's designated representative. However, any vessel
that is granted permission to enter or remain in this zone by the COTP
or the COTP's designated representative must proceed through the zone
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 the COTP's
designated 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 the COTP's designated representative.
(3) 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)741-5465 (Sector Northern New England Command
Center).
(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.
Dated: September 17, 2018.
B.G. LeFebvre,
Captain, U.S. Coast Guard, Captain of the Port, Sector Northern New
England.
[FR Doc. 2018-21867 Filed 10-5-18; 8:45 am]
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