[Federal Register Volume 83, Number 195 (Tuesday, October 9, 2018)]
[Proposed Rules]
[Pages 50545-50547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21868]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0843]
RIN 1625-AA00
Safety Zone; Barters Island Bridge, Back River, Barters Island,
ME
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a safety zone for the
navigable waters within a 50 yard radius from the center point of the
Barters Island Bridge, on the Back River, ME, approximately 4.6 miles
north of the mouth of the waterway. When enforced, this proposed
rulemaking would prohibit persons and vessels from being in the safety
zone during bridge replacement operations unless authorized by the
Captain of the Port Northern New England or a designated
representative, which could pose as imminent hazard to persons and
vessels operating in the area. The safety zone is necessary to protect
personnel, vessels, and the marine environment from potential hazards
created by the demolition, subsequent removal, and replacement of the
Barters Island Bridge and a temporary bridge. We invite your comments
on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before November 8, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0843 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
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
MEDOT Maine Department of Transportation
II. Background, Purpose, and Legal Basis
On April 27, 2018, the Maine Department of Transportation (MEDOT)
applied for a bridge construction permit for Barter's Island Bridge
with the Coast Guard. On June 22, 2018, the Coast Guard issued Public
Notice 1-164, published it on the USCG Navigation Center website, and
solicited comments through July 23, 2018. Three comments were received
in response to the public notice: One commenter requested the project
be stopped if any human remains, archaeological properties or other
items of historical importance are unearthed and we report the
findings. A second commenter notified us this project will not affect
any Penobscot cultural/historic properties or interests and had no
objection. A third commenter stated that Tennessee Gas Pipeline
currently does not have facilities within the area. There were no
statements of objection.
On August 22, 2018, MEDOT requested by letter that the Coast Guard
impose waterway restrictions on the Back River around the Barters
Island Bridge between Hodgdon Island and Barters Island in Boothbay
Harbor in support of the bridge improvements. The project includes the
replacement of the swing span of the bridge and the existing center
pier. A temporary fixed bridge will be used to maintain vehicle traffic
during construction of the new bridge. The temporary fixed bridge will
[[Page 50546]]
reduce the vertical clearance of the channel to 6.8 feet mean high
water (MHW) from approximately November 1, 2019 through May 31, 2020.
On or about June 1, 2020, the new swing bridge is expected to be
operating with unlimited clearance in the open position. The
anticipated date for removal of the temporary bridge is August 2020. A
bridge protection system and bridge lighting will be installed as part
of the new bridge. Captain of the Port (COTP) Northern New England has
determined that hazards associated with the bridge replacement project
will be a safety concern for anyone within a 50-yard radius from the
center point of the of the Barters Island bridge. It is anticipated
that the Back River will be closed because of this safety zone for a
total of 85 non-continuous days.
The purpose of this rulemaking is to protect personnel, vessels and
the marine environment from potential hazards created during the
replacement of the Barters Island Bridge, on the Back River, ME. The
Coast Guard proposes this rulemaking under authority in 33 U.S.C. 1231.
III. Discussion of Proposed Rule
The COTP Northern New England proposes to establish a safety zone
from December 1, 2018 through January 31, 2021. The safety zone would
cover all navigable waters within a 50 yard radius of the center point
of the Barters Island Bridge on Back River connecting Barter Island and
Hodgdon Island, approximately 4.6 north of the mouth of the waterway.
The duration of the zone is intended to ensure the safety of vessels,
the maritime public, construction workers, and these navigable waters
during the replacement of the Barters Island Bridge over the main
channel of the Back River. 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 following
reasons: (1) The safety zone only impacts a small designated area of
Back River, (2) the safety zone will only be enforced during certain
construction activities necessitating a full waterway closure for
safety purposes, which is only anticipated to occur on 85 days over a
two year period, 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, (4) 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
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.
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
[[Page 50547]]
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 yards radius from the center point of the
Barters Island Bridge during its removal and replacement over an
approximately two year period. 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 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, 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.T01-0843 to read as follows:
Sec. 165.T01-0843 Safety Zone; Barters Island Bridge, Back River,
Barters Island, ME.
(a) Location. The following area is a safety zone: All navigable
waters on Back River, within a 50-yard radius of the center point of
the Barters Island Bridge that spans Back River between Barters Island
and Hodgdon Island in position 43[deg]52'51'' N, 069[deg]40'19'' W (NAD
83).
(b) Definitions. As used in this section:
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.
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 rule will be effective
from 12:01 a.m. on December 1, 2018, through 11:59 p.m. on January 31,
2021, but will only be enforced during operations on replacement of the
Barters Island Bridge or other instances which may cause which may
cause a hazard to navigation, or when deemed necessary by the Captain
of the Port (COTP), Northern New England.
(d) Regulations. The general regulations contained in 33 CFR
165.23, as well as the following regulations, apply:
(1) No person or vessel may enter or remain in this safety zone
without the permission of 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) 741-5465 (Sector Northern New England Command
Center).
(3) During periods of enforcement, 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.
(4) During periods of enforcement, 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 must 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.
Dated: October 2, 2018.
B.J. LeFebvre,
Captain, U.S. Coast Guard, Captain of the Port, Sector Northern New
England.
[FR Doc. 2018-21868 Filed 10-5-18; 8:45 am]
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