[Federal Register Volume 83, Number 221 (Thursday, November 15, 2018)]
[Rules and Regulations]
[Pages 57322-57324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24899]
-----------------------------------------------------------------------
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: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing 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 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 November 15,
2018 through March 31, 2019. For the purposes of enforcement, actual
notice will be used from November 8, 2018 through November 15, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0849 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
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
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 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 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 8 November 2018 and 31
March 2019. However, we only anticipate a continuous 35 day full
closure of the waterway. The 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.
In response, on September 27, 2018, the Coast Guard published a
notice of proposed rulemaking (NPRM) titled ``Safety Zone; The Gut,
South Bristol, ME'' (83 FR 48748). There we stated why we issued the
NPRM, and invited comments on our proposed regulatory action related to
this safety zone. During the comment period that ended on October 29,
2018, we received no comments.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety hazards associated with bedrock removal
operations near The Gut Bridge which are scheduled to commence on
November 8, 2018.
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 bedrock removal operations will be a safety
concern for anyone transiting within a 50-yard radius of the center
point of the bridge. The purpose of this rule is to ensure the safety
of vessels and personnel within a 50-yard radius of the center point of
The Gut Bridge before, during, and after the bedrock removal
operations.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published
September 27, 2018. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
This rule establishes 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 Northern New England 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.
IV. 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
[[Page 57323]]
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, the rule 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 impacts 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 is 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 received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this 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 rule would 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.
C. Collection of Information
This 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 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 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 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 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 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 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 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 safety zone that would prohibit entry within a 50-yard radius of the
center point of a bridge. It is 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 Record of Environmental
Consideration supporting this determination is available in the docket
where indicated under ADDRESSES.
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.
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 to amend
33 CFR part 165 as follows:
[[Page 57324]]
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; 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 is effective without actual
notice from November 15, 2018 through 11:59 p.m. on March 31, 2019. For
the purposes of enforcement, actual notice will be used from 12:01 a.m.
on November 8, 2018 through November 15, 2018. The rule 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 Sec. 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: November 8, 2018.
B.J. LeFebvre,
Captain, U.S. Coast Guard, Captain of the Port, Sector Northern New
England.
[FR Doc. 2018-24899 Filed 11-14-18; 8:45 am]
BILLING CODE 9110-04-P