[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]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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]
 BILLING CODE 9110-04-P