82_FR_44257 82 FR 44075 - Safety Zone; Weskeag River, South Thomaston, ME

82 FR 44075 - Safety Zone; Weskeag River, South Thomaston, ME

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 182 (September 21, 2017)

Page Range44075-44077
FR Document2017-20068

The Coast Guard is establishing a temporary safety zone for the navigable waters within 50-yards of either side of the Route 73 Weskeag Bridge, at mile 0.1 on the Weskeag River, in South Thomaston, Maine. The safety zone is necessary to protect personnel, vessels, and the marine environment from the potential hazards created by the demolition, subsequent removal, and replacement of the Route 73 Weskeag Bridge. When enforced, this regulation prohibits entry of vessels or people into the safety zone unless authorized by the Captain of the Port (COTP), Sector Northern New England or a designated representative.

Federal Register, Volume 82 Issue 182 (Thursday, September 21, 2017)
[Federal Register Volume 82, Number 182 (Thursday, September 21, 2017)]
[Rules and Regulations]
[Pages 44075-44077]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20068]



[[Page 44075]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0791]
RIN 1625-AA00


Safety Zone; Weskeag River, South Thomaston, ME

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the navigable waters within 50-yards of either side of the Route 73 
Weskeag Bridge, at mile 0.1 on the Weskeag River, in South Thomaston, 
Maine. The safety zone is necessary to protect personnel, vessels, and 
the marine environment from the potential hazards created by the 
demolition, subsequent removal, and replacement of the Route 73 Weskeag 
Bridge. When enforced, this regulation prohibits entry of vessels or 
people into the safety zone unless authorized by the Captain of the 
Port (COTP), Sector Northern New England or a designated 
representative.

DATES: This rule is effective from October 1, 2017 through December 1, 
2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0791 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
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On July 27, 2017, Sector Northern New England was made aware of the 
Route 73 Weskeag Bridge replacement project, which spans the Weskeag 
River in South Thomaston, Maine. The COTP Sector 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 project is scheduled to begin on October 1, 2017 and be 
completed by December 1, 2017. 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 COTP or a designated representative. The safety zone will be 
enforced during different periods during the bridge demolition or when 
other hazards to navigation arise during the new bridge construction. 
The Coast Guard will issue a Broadcast Notice to Mariners via marine 
channel 16 (VHF-FM) 24 hours in advance to any period of enforcement or 
as soon as practicable in response to an emergency. If the project is 
completed prior to December 1, 2017, enforcement of the safety zone 
will be suspended and notice given via Broadcast Notice to Mariners.
    The Coast Guard is issuing this temporary final 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 respond to the potential 
safety hazards associated with the bridge replacement project beginning 
on October 1, 2017.
    We are issuing this rule, and 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 implementation of this rule would 
be impractical.

III. Legal Authority and Need for Rule

    The legal basis for this temporary rule is 33 U.S.C. 1231. The COTP 
Sector Northern New England has determined that potential hazards 
associated with the bridge replacement project starting on October 1, 
2017 and continuing through December 1, 2017 will be a safety concern 
for anyone within the work zone. This rule is needed to protect 
personnel, vessels, and the marine environment within the safety zone 
while the bridge replacement project is completed.

IV. Discussion of the Rule

    This rule establishes a safety zone from October 1, 2017 through 
December 1, 2017. The safety zone will cover all navigable waters from 
surface to bottom of 50 yards to either side of the Weskeag Bridge. The 
duration of the zone is intended to protect people, vessels, and the 
marine environment in these navigable waters during the bridge 
replacement project. 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 scheduled enforcement period. The regulatory text 
we are enforcing appears at the end of this document.

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

[[Page 44076]]

impacts a small designated area of the Weskeag River, (2) the zone will 
only be enforced when work equipment will be placed in the navigable 
channel during removal and replacement of the bridge or if necessitated 
by an emergency, (3) persons or vessels desiring to enter the safety 
zone may do so with permission from the COTP Sector 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.

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 (Public Law 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 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 
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 temporary safety zone that will prohibit entry within 
50 yards of the Weskeag Bridge during its removal and replacement. It 
is categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. A Record of Environmental 
Consideration for Categorically Excluded Actions will be 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 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.T01-0791 to read as follows:


Sec.  165.T01-0791  Safety Zone--Route 73 Weskeag Bridge, Weskeag 
River, South Thomaston, ME.

    (a) Location. The following area is a safety zone. All navigable 
waters of the Weskeag River, ME within a 50-yard radius of the Route 73 
Weskeag Bridge that spans the Weskeag River in South Thomaston, ME in 
position 44[deg]03'06'' N, 069[deg]07'33'' W (NAD 83).
    (b) Effective and enforcement period. This rule will be effective 
on October 1, 2017, through December 1, 2017, but will only be enforced 
during removal and replacement of the Route 73 Weskeag Bridge or other 
instances which may cause a hazard to navigation, when deemed necessary 
by the Captain of the Port (COTP), Northern New England.
    (c) 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 this safety zone 
without the permission of the Captain of the Port

[[Page 44077]]

(COTP) or a COTP representative. However, any vessel that is granted 
permission by the COTP or a COTP representative must proceed through 
the area 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 a COTP 
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 a COTP 
representative.
    (3) To obtain permissions required by this regulation, individuals 
may reach the COTP or a COTP representative via Channel 16 (VHF-FM) or 
(207) 741-5465 (Sector Northern New England Command Center).
    (d) Penalties. Those who violate this section are subject to the 
penalties set forth in 33 U.S.C. 1232.
    (e) 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. 
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.
    (f) COTP representative. A COTP representative may be any Coast 
Guard commissioned, or petty officer or any federal, state, or local 
law enforcement officer who has been designated by the COTP to act on 
the COTP's behalf. A COTP representative may be on a Coast Guard 
vessel, a Coast Guard Auxiliary vessel, a state or local law 
enforcement vessel, or a location on shore.

    Dated: September 15, 2017.
M.A. Baroody,
Captain, U.S. Coast Guard, Captain of the Port, Sector Northern New 
England.
[FR Doc. 2017-20068 Filed 9-20-17; 8:45 am]
BILLING CODE 9110-04-P



                                                                   Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations                                     44075

                                                  DEPARTMENT OF HOMELAND                                   Sector Northern New England has                       that potential hazards associated with
                                                  SECURITY                                                 determined that the potential hazards                 the bridge replacement project starting
                                                                                                           associated with the bridge replacement                on October 1, 2017 and continuing
                                                  Coast Guard                                              project will be a safety concern for                  through December 1, 2017 will be a
                                                                                                           anyone within the work area.                          safety concern for anyone within the
                                                  33 CFR Part 165                                             The project is scheduled to begin on               work zone. This rule is needed to
                                                                                                           October 1, 2017 and be completed by                   protect personnel, vessels, and the
                                                  [Docket Number USCG–2017–0791]
                                                                                                           December 1, 2017. During this project,                marine environment within the safety
                                                  RIN 1625–AA00                                            removal and replacement of the bridge                 zone while the bridge replacement
                                                                                                           will take place. No vessel or person will             project is completed.
                                                  Safety Zone; Weskeag River, South                        be permitted to enter the safety zone
                                                  Thomaston, ME                                            without obtaining permission from the                 IV. Discussion of the Rule
                                                  AGENCY:    Coast Guard, DHS.                             COTP or a designated representative.                     This rule establishes a safety zone
                                                                                                           The safety zone will be enforced during               from October 1, 2017 through December
                                                  ACTION:   Temporary final rule.                          different periods during the bridge                   1, 2017. The safety zone will cover all
                                                  SUMMARY:   The Coast Guard is                            demolition or when other hazards to                   navigable waters from surface to bottom
                                                  establishing a temporary safety zone for                 navigation arise during the new bridge                of 50 yards to either side of the Weskeag
                                                  the navigable waters within 50-yards of                  construction. The Coast Guard will                    Bridge. The duration of the zone is
                                                  either side of the Route 73 Weskeag                      issue a Broadcast Notice to Mariners via              intended to protect people, vessels, and
                                                  Bridge, at mile 0.1 on the Weskeag                       marine channel 16 (VHF–FM) 24 hours                   the marine environment in these
                                                  River, in South Thomaston, Maine. The                    in advance to any period of enforcement               navigable waters during the bridge
                                                  safety zone is necessary to protect                      or as soon as practicable in response to              replacement project. When enforced, no
                                                  personnel, vessels, and the marine                       an emergency. If the project is                       vessel or person will be permitted to
                                                  environment from the potential hazards                   completed prior to December 1, 2017,                  enter the safety zone without obtaining
                                                  created by the demolition, subsequent                    enforcement of the safety zone will be                permission from the COTP or a
                                                  removal, and replacement of the Route                    suspended and notice given via                        designated representative.
                                                  73 Weskeag Bridge. When enforced, this                   Broadcast Notice to Mariners.                            The Coast Guard will notify the
                                                                                                              The Coast Guard is issuing this                    public and local mariners of this safety
                                                  regulation prohibits entry of vessels or
                                                                                                           temporary final rule without prior                    zone through appropriate means, which
                                                  people into the safety zone unless
                                                                                                           notice and opportunity to comment                     may include, but are not limited to,
                                                  authorized by the Captain of the Port
                                                                                                           pursuant to authority under section 4(a)              publication in the Federal Register, the
                                                  (COTP), Sector Northern New England
                                                                                                           of the Administrative Procedure Act                   Local Notice to Mariners, and Broadcast
                                                  or a designated representative.
                                                                                                           (APA) (5 U.S.C. 553(b)). This provision               Notice to Mariners via marine Channel
                                                  DATES: This rule is effective from                       authorizes an agency to issue a rule                  16 (VHF–FM) in advance of any
                                                  October 1, 2017 through December 1,                      without prior notice and opportunity to               scheduled enforcement period. The
                                                  2017.                                                    comment when the agency for good                      regulatory text we are enforcing appears
                                                  ADDRESSES:   To view documents                           cause finds that those procedures are                 at the end of this document.
                                                  mentioned in this preamble as being                      ‘‘impracticable, unnecessary, or contrary
                                                                                                           to the public interest.’’ Under 5 U.S.C.              V. Regulatory Analyses
                                                  available in the docket, go to http://
                                                  www.regulations.gov, type USCG–2017–                     553(b)(B), the Coast Guard finds that                   We developed this rule after
                                                  0791 in the ‘‘SEARCH’’ box and click                     good cause exists for not publishing an               considering numerous statutes and
                                                  ‘‘SEARCH.’’ Click on Open Docket                         NPRM with respect to this rule because                Executive orders related to rulemaking.
                                                  Folder on the line associated with this                  doing so would be impracticable and                   Below we summarize our analyses
                                                  rule.                                                    contrary to the public interest. The late             based on a number of these statutes and
                                                  FOR FURTHER INFORMATION CONTACT: If                      finalization of project details did not               Executive orders, and we discuss First
                                                  you have questions on this rule, call or                 give the Coast Guard enough time to                   Amendment rights of protestors.
                                                  email LT Matthew Odom, Waterways                         publish an NPRM, take public
                                                                                                                                                                 A. Regulatory Planning and Review
                                                  Management Division, U.S. Coast Guard                    comments, and issue a final rule before
                                                                                                           the construction work is set to begin. It                Executive Orders 12866 and 13563
                                                  Sector Northern New England,
                                                                                                           would be impracticable and contrary to                direct agencies to assess the costs and
                                                  telephone 207–347–5015, email
                                                                                                           the public interest to delay                          benefits of available regulatory
                                                  Matthew.T.Odom@uscg.mil.
                                                                                                           promulgating this rule as it is necessary             alternatives and, if regulation is
                                                  SUPPLEMENTARY INFORMATION:                                                                                     necessary, to select regulatory
                                                                                                           to respond to the potential safety
                                                  I. Table of Abbreviations                                hazards associated with the bridge                    approaches that maximize net benefits.
                                                                                                           replacement project beginning on                      Executive Order 13771 directs agencies
                                                  CFR Code of Federal Regulations                                                                                to control regulatory costs through a
                                                  COTP Captain of the Port                                 October 1, 2017.
                                                  DHS Department of Homeland Security                         We are issuing this rule, and under 5              budgeting process. This rule has not
                                                  FR Federal Register                                      U.S.C. 553(d)(3), the Coast Guard finds               been designated a ‘‘significant
                                                  NPRM Notice of proposed rulemaking                       that good cause exists for making it                  regulatory action,’’ under Executive
                                                  § Section                                                effective less than 30 days after                     Order 12866. Accordingly, it has not
                                                  U.S.C. United States Code                                publication in the Federal Register. For              been reviewed by the Office of
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                                                                           reasons stated in the preceding                       Management and Budget (OMB), and
                                                  II. Background Information and
                                                                                                           paragraph, delaying the implementation                pursuant to OMB guidance it is exempt
                                                  Regulatory History
                                                                                                           of this rule would be impractical.                    from the requirements of Executive
                                                    On July 27, 2017, Sector Northern                                                                            order 13771.
                                                  New England was made aware of the                        III. Legal Authority and Need for Rule                   The Coast Guard has determined that
                                                  Route 73 Weskeag Bridge replacement                         The legal basis for this temporary rule            this rulemaking is not a significant
                                                  project, which spans the Weskeag River                   is 33 U.S.C. 1231. The COTP Sector                    regulatory action for the following
                                                  in South Thomaston, Maine. The COTP                      Northern New England has determined                   reasons: (1) The safety zone only


                                             VerDate Sep<11>2014    16:39 Sep 20, 2017   Jkt 241001   PO 00000   Frm 00023   Fmt 4700   Sfmt 4700   E:\FR\FM\21SER1.SGM   21SER1


                                                  44076            Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations

                                                  impacts a small designated area of the                   C. Collection of Information                          Bridge during its removal and
                                                  Weskeag River, (2) the zone will only be                   This rule will not call for a new                   replacement. It is categorically excluded
                                                  enforced when work equipment will be                     collection of information under the                   from further review under paragraph
                                                  placed in the navigable channel during                   Paperwork Reduction Act of 1995 (44                   34(g) of Figure 2–1 of the Commandant
                                                  removal and replacement of the bridge                    U.S.C. 3501–3520).                                    Instruction. A Record of Environmental
                                                  or if necessitated by an emergency, (3)                                                                        Consideration for Categorically
                                                  persons or vessels desiring to enter the                 D. Federalism and Indian Tribal                       Excluded Actions will be available in
                                                  safety zone may do so with permission                    Governments                                           the docket where indicated under
                                                  from the COTP Sector Northern New                           A rule has implications for federalism             ADDRESSES.
                                                  England or a designated representative.                  under Executive Order 13132,                          G. Protest Activities
                                                  The Coast Guard will notify the public                   Federalism, if it has a substantial direct
                                                  of the enforcement of this rule via                      effect on the States, on the relationship               The Coast Guard respects the First
                                                  appropriate means, such as via Local                     between the national government and                   Amendment rights of protesters.
                                                  Notice to Mariners and Broadcast Notice                  the States, or on the distribution of                 Protesters are asked to contact the
                                                  to Mariners.                                             power and responsibilities among the                  person listed in the FOR FURTHER
                                                                                                           various levels of government. We have                 INFORMATION CONTACT section to
                                                  B. Impact on Small Entities                                                                                    coordinate protest activities so that your
                                                                                                           analyzed this rule under that Order and
                                                     The Regulatory Flexibility Act of                     have determined that it is consistent                 message can be received without
                                                  1980, 5 U.S.C. 601–612, as amended,                      with the fundamental federalism                       jeopardizing the safety or security of
                                                  requires Federal agencies to consider                    principles and preemption requirements                people, places or vessels.
                                                  the potential impact of regulations on                   described in Executive Order 13132.                   List of Subjects in 33 CFR Part 165
                                                  small entities during rulemaking. The                       Also, this rule does not have tribal
                                                  term ‘‘small entities’’ comprises small                  implications under Executive Order                      Harbors, Marine safety, Navigation
                                                  businesses, not-for-profit organizations                 13175, Consultation and Coordination                  (water), Reporting and recordkeeping
                                                  that are independently owned and                         with Indian Tribal Governments,                       requirements, Security measures,
                                                  operated and are not dominant in their                   because it does not have a substantial                Waterways.
                                                  fields, and governmental jurisdictions                   direct effect on one or more Indian                     For the reasons discussed in the
                                                  with populations of less than 50,000.                    tribes, on the relationship between the               preamble, the Coast Guard amends 33
                                                  The Coast Guard certifies under 5 U.S.C.                 Federal Government and Indian tribes,                 CFR part 165 as follows:
                                                  605(b) that this rule will not have a                    or on the distribution of power and
                                                  significant economic impact on a                         responsibilities between the Federal                  PART 165—REGULATED NAVIGATION
                                                  substantial number of small entities.                    Government and Indian tribes. If you                  AREAS AND LIMITED ACCESS AREAS
                                                     While some owners or operators of                     believe this rule has implications for
                                                                                                           federalism or Indian tribes, please                   ■ 1. The authority citation for part 165
                                                  vessels intending to transit the safety
                                                                                                           contact the person listed in the FOR                  continues to read as follows:
                                                  zone may be small entities, for the
                                                  reasons stated in section V.A., this rule                FURTHER INFORMATION CONTACT section                     Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                  will not have a significant economic                     above.                                                33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                  impact on any vessel owner or operator.                                                                        Department of Homeland Security Delegation
                                                                                                           E. Unfunded Mandates Reform Act                       No. 0170.1.
                                                     Under section 213(a) of the Small                       The Unfunded Mandates Reform Act
                                                  Business Regulatory Enforcement                                                                                ■ 2. Add § 165.T01–0791 to read as
                                                                                                           of 1995 (2 U.S.C. 1531–1538) requires                 follows:
                                                  Fairness Act of 1996 (Public Law 104–                    Federal agencies to assess the effects of
                                                  121), we want to assist small entities in                their discretionary regulatory actions. In            § 165.T01–0791 Safety Zone—Route 73
                                                  understanding this rule. If the rule                     particular, the Act addresses actions                 Weskeag Bridge, Weskeag River, South
                                                  would affect your small business,                        that may result in the expenditure by a               Thomaston, ME.
                                                  organization, or governmental                            State, local, or tribal government, in the               (a) Location. The following area is a
                                                  jurisdiction and you have questions                      aggregate, or by the private sector of                safety zone. All navigable waters of the
                                                  concerning its provisions or options for                 $100,000,000 (adjusted for inflation) or              Weskeag River, ME within a 50-yard
                                                  compliance, please contact the person                    more in any one year. Though this rule                radius of the Route 73 Weskeag Bridge
                                                  listed in the FOR FURTHER INFORMATION                    will not result in such an expenditure,               that spans the Weskeag River in South
                                                  CONTACT section.                                         we do discuss the effects of this rule                Thomaston, ME in position 44°03′06″ N,
                                                     Small businesses may send comments                    elsewhere in this preamble.                           069°07′33″ W (NAD 83).
                                                  on the actions of Federal employees                                                                               (b) Effective and enforcement period.
                                                  who enforce, or otherwise determine                      F. Environment                                        This rule will be effective on October 1,
                                                  compliance with, Federal regulations to                    We have analyzed this rule under                    2017, through December 1, 2017, but
                                                  the Small Business and Agriculture                       Department of Homeland Security                       will only be enforced during removal
                                                  Regulatory Enforcement Ombudsman                         Management Directive 023–01 and                       and replacement of the Route 73
                                                  and the Regional Small Business                          Commandant Instruction M16475.lD,                     Weskeag Bridge or other instances
                                                  Regulatory Fairness Boards. The                          which guide the Coast Guard in                        which may cause a hazard to navigation,
                                                  Ombudsman evaluates these actions                        complying with the National                           when deemed necessary by the Captain
                                                  annually and rates each agency’s                         Environmental Policy Act of 1969 (42                  of the Port (COTP), Northern New
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                                                  responsiveness to small business. If you                 U.S.C. 4321–4370f), and have                          England.
                                                  wish to comment on actions by                            determined that this action is one of a                  (c) Regulations. When this safety zone
                                                  employees of the Coast Guard, call 1–                    category of actions that do not                       is enforced, the following regulations,
                                                  888–REG–FAIR (1–888–734–3247). The                       individually or cumulatively have a                   along with those contained in § 165.23
                                                  Coast Guard will not retaliate against                   significant effect on the human                       apply:
                                                  small entities that question or complain                 environment. This rule involves a                        (1) No person or vessel may enter or
                                                  about this rule or any policy or action                  temporary safety zone that will prohibit              remain in this safety zone without the
                                                  of the Coast Guard.                                      entry within 50 yards of the Weskeag                  permission of the Captain of the Port


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                                                                   Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations                                        44077

                                                  (COTP) or a COTP representative.                         DEPARTMENT OF HOMELAND                                enforcement of the safety zone. During
                                                  However, any vessel that is granted                      SECURITY                                              the comment period that ended
                                                  permission by the COTP or a COTP                                                                               September 7, 2017, we received one
                                                  representative must proceed through the                  Coast Guard                                           comment.
                                                  area with caution and operate at a speed                                                                       III. Legal Authority and Need for Rule
                                                  no faster than that speed necessary to                   33 CFR Part 165
                                                  maintain a safe course, unless otherwise                                                                          The Coast Guard is issuing this rule
                                                                                                           [Docket Number USCG–2017–0731]                        under authority in 33 U.S.C. 1231. The
                                                  required by the Navigation Rules.
                                                                                                           RIN 1625–AA00                                         Captain of the Port Sector New Orleans
                                                     (2) Any person or vessel permitted to                                                                       (COTP) has determined that potential
                                                  enter the safety zone shall comply with                  Safety Zone; Mississippi River, New                   hazards associated with the fireworks
                                                  the directions and orders of the COTP                    Orleans, LA                                           display from 7:50 p.m. to 8:50 p.m. on
                                                  or a COTP representative. Upon being                                                                           October 28, 2017 will present a safety
                                                  hailed by a U.S. Coast Guard vessel by                   AGENCY:    Coast Guard, DHS.                          concern for all navigable waters on the
                                                  siren, radio, flashing lights, or other                  ACTION:   Final rule.                                 Mississippi River from mile marker
                                                  means, the operator of a vessel within                                                                         (MM) 96.0 and MM 96.5. The purpose
                                                                                                           SUMMARY:   The Coast Guard is
                                                  the zone shall proceed as directed. Any                                                                        of this rule is to ensure safety of life and
                                                                                                           establishing a temporary safety zone for
                                                  person or vessel within the safety zone                                                                        vessels on the navigable waters in the
                                                                                                           all navigable waters on the Mississippi
                                                  shall exit the zone when directed by the                                                                       safety zone before, during, and after the
                                                                                                           River between mile marker (MM) 96.0
                                                  COTP or a COTP representative.                                                                                 scheduled event.
                                                                                                           and MM 96.5. This action is necessary
                                                     (3) To obtain permissions required by                 to provide for the safety of life on these            IV. Discussion of Comments, Changes,
                                                  this regulation, individuals may reach                   navigable waters near New Orleans, LA,                and the Rule
                                                  the COTP or a COTP representative via                    during a fireworks display. Entry of                     During the comment period, one
                                                  Channel 16 (VHF–FM) or (207) 741–                        vessels or persons into this safety zone              comment was received. The commenter
                                                  5465 (Sector Northern New England                        is prohibited unless authorized by the                made a general statement that he or she
                                                  Command Center).                                         Captain of the Port Sector New Orleans                was against ‘‘safe spaces’’. The
                                                                                                           (COTP) or a designated representative.                commenter did not indicate if he or she
                                                     (d) Penalties. Those who violate this
                                                                                                           DATES: This rule is effective from 7:50               was against the proposed safety zone or
                                                  section are subject to the penalties set
                                                  forth in 33 U.S.C. 1232.                                 p.m. to 8:50 p.m. on October 28, 2017.                the reasons for it. There are no changes
                                                                                                           ADDRESSES: To view documents                          in the regulatory text of this rule from
                                                     (e) Notification. Coast Guard Sector                  mentioned in this preamble as being                   the proposed rule in the NPRM.
                                                  Northern New England will give notice                    available in the docket, go to http://                   The rule establishes a safety zone
                                                  through the Local Notice to Mariners                     www.regulations.gov, type USCG–2017–                  from 7:50 p.m. through 8:50 p.m. on
                                                  and Broadcast Notice to Mariners for the                 0731 in the ‘‘SEARCH’’ box and click                  October 28, 2017. The safety zone
                                                  purpose of enforcement of temporary                      ‘‘SEARCH.’’ Click on Open Docket                      would cover all navigable waters
                                                  safety zone. Sector Northern New                         Folder on the line associated with this               between MM 96.0 and 96.5 on the
                                                  England will also notify the public to                   rule.                                                 Mississippi River in New Orleans, LA.
                                                  the greatest extent possible of any                      FOR FURTHER INFORMATION CONTACT: If                   The duration of the zone is intended to
                                                  period in which the Coast Guard will                     you have questions about this proposed                ensure the safety of life and vessels on
                                                  suspend enforcement of this safety zone.                 rulemaking, call or email Lieutenant                  these navigable waters before, during,
                                                     (f) COTP representative. A COTP                       Commander (LCDR) Howard Vacco,                        and after the scheduled fireworks
                                                  representative may be any Coast Guard                    Sector New Orleans, U.S. Coast Guard;                 display. Entry into this safety zone is
                                                                                                           at (504) 365–2281, email                              prohibited without obtaining
                                                  commissioned, or petty officer or any
                                                                                                           Howard.K.Vacco@uscg.mil.                              permission from the COTP or a
                                                  federal, state, or local law enforcement
                                                                                                                                                                 designated representative.
                                                  officer who has been designated by the                   SUPPLEMENTARY INFORMATION:
                                                  COTP to act on the COTP’s behalf. A                                                                            V. Regulatory Analyses
                                                                                                           I. Table of Abbreviations
                                                  COTP representative may be on a Coast                                                                            We developed this rule after
                                                  Guard vessel, a Coast Guard Auxiliary                    CFR Code of Federal Regulations                       considering numerous statutes and
                                                  vessel, a state or local law enforcement                 COTP Captain of the Port Sector New
                                                                                                             Orleans
                                                                                                                                                                 Executive orders related to rulemaking.
                                                  vessel, or a location on shore.                          DHS Department of Homeland Security                   Below we summarize our analyses
                                                    Dated: September 15, 2017.                             FR Federal Register                                   based on a number of these statutes and
                                                                                                           NPRM Notice of proposed rulemaking                    Executive orders, and we discuss First
                                                  M.A. Baroody,
                                                                                                           § Section                                             Amendment rights of protestors.
                                                  Captain, U.S. Coast Guard, Captain of the                U.S.C. United States Code
                                                  Port, Sector Northern New England.                                                                             A. Regulatory Planning and Review
                                                  [FR Doc. 2017–20068 Filed 9–20–17; 8:45 am]              II. Background Information and                           Executive Orders 12866 and 13563
                                                  BILLING CODE 9110–04–P
                                                                                                           Regulatory History                                    direct agencies to assess the costs and
                                                                                                             The Coast Guard preceded this final                 benefits of available regulatory
                                                                                                           rule with a Notice of Proposed                        alternatives and, if regulation is
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                                                                           Rulemaking (NPRM). The NPRM was                       necessary, to select regulatory
                                                                                                           published in the Federal Register on                  approaches that maximize net benefits.
                                                                                                           August 23, 2017, (82 FR 39972). We                    Executive Order 13771 directs agencies
                                                                                                           invited comments on our proposed                      to control regulatory costs through a
                                                                                                           regulatory action related to work on                  budgeting process. This rule has not
                                                                                                           power lines extending over the                        been designated a ‘‘significant
                                                                                                           Mississippi River in New Orleans, LA.                 regulatory action,’’ under Executive
                                                                                                           The NPRM listed dates and times of                    Order 12866. Accordingly, this rule has


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Document Created: 2018-10-24 14:33:34
Document Modified: 2018-10-24 14:33:34
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from October 1, 2017 through December 1, 2017.
ContactIf 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]
FR Citation82 FR 44075 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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