83 FR 50545 - Safety Zone; Barters Island Bridge, Back River, Barters Island, ME

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 195 (October 9, 2018)

Page Range		50545-50547
FR Document		2018-21868

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.

Federal Register, Volume 83 Issue 195 (Tuesday, October 9, 2018)

[Federal Register Volume 83, Number 195 (Tuesday, October 9, 2018)]
[Proposed Rules]
[Pages 50545-50547]
From the Federal Register Online  [www.thefederalregister.org]
[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.

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

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]
 BILLING CODE 9110-04-P

Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Proposed Rules 50545

product safety standard is in effect and the Commission issues under section ADDRESSES: You may submit comments
applies to a product, no state or political 104(b) of the Consumer Product Safety identified by docket number USCG–
subdivision of a state may either Improvement Act of 2008, and include 2018–0843 using the Federal
establish or continue in effect a standard products that are combinations of the eRulemaking Portal at https://
or regulation that prescribes following product categories: www.regulations.gov. See the ‘‘Public
requirements for the performance, * * * * * Participation and Request for
composition, contents, design, finish, (8) Infant carrier, including soft infant Comments’’ portion of the
construction, packaging, or labeling of and toddler carriers, hand-held infant SUPPLEMENTARY INFORMATION section for
such product dealing with the same risk carriers, sling carriers, and frame child further instructions on submitting
of injury unless the state requirement is carriers; comments.
identical to the federal standard. The * * * * * FOR FURTHER INFORMATION CONTACT: If
Commission’s authority to issue this (11) Swings; you have questions about this proposed
consumer registration rule is section (12) Bassinets and cradles, including rulemaking, call or email LT Matthew
16(b) of the CPSA, 15 U.S.C. 2065(b). bedside sleepers; Odom, Waterways Management
Accordingly, this rule is not a consumer Division, U.S. Coast Guard Sector
product safety standard, and the * * * * *
(14) Baby changing products; Northern New England, telephone 207–
preemption provision of section 26(a) of 347–5015, email Matthew.T.Odom@
the CPSA does not apply to any final * * * * *
uscg.mil.
rule issued by the Commission. (17) Bed rails.
SUPPLEMENTARY INFORMATION:
List of Subjects in 16 CFR Part 1130 Alberta E. Mills,
Secretary, Consumer Product Safety I. Table of Abbreviations
Administrative practice and Commission. CFR Code of Federal Regulations
procedure, Business and industry, COTP Captain of the Port
[FR Doc. 2018–21865 Filed 10–5–18; 8:45 am]
Consumer protection, Reporting and DHS Department of Homeland Security
BILLING CODE 6355–01–P
recordkeeping requirements. FR Federal Register
For the reasons discussed in the NPRM Notice of proposed rulemaking
§ Section
preamble, the Commission proposes to DEPARTMENT OF HOMELAND U.S.C. United States Code
amend part 1130 of title 16 of the Code SECURITY MEDOT Maine Department of
of Federal Regulations as follows: Transportation
Coast Guard II. Background, Purpose, and Legal
PART 1130—REQUIREMENTS FOR
CONSUMER REGISTRATION OF Basis
33 CFR Part 165
DURABLE INFANT OR TODDLER On April 27, 2018, the Maine
PRODUCTS [Docket Number USCG–2018–0843] Department of Transportation (MEDOT)
RIN 1625–AA00 applied for a bridge construction permit
■ 1. The authority citation for part 1130 for Barter’s Island Bridge with the Coast
continues to read as follows: Guard. On June 22, 2018, the Coast
Safety Zone; Barters Island Bridge,
Authority: 15 U.S.C. 2056a, 2065(b). Back River, Barters Island, ME Guard issued Public Notice 1–164,
■ 2. Amend § 1130.1 by revising the last published it on the USCG Navigation
AGENCY: Coast Guard, DHS. Center website, and solicited comments
sentence in paragraph (c) to read as
follows: ACTION: Notice of proposed rulemaking. through July 23, 2018. Three comments
were received in response to the public
§ 1130.1 Purpose, scope, and effective SUMMARY: The Coast Guard proposes to notice: One commenter requested the
date. establish a safety zone for the navigable project be stopped if any human
* * * * * waters within a 50 yard radius from the remains, archaeological properties or
(c) * * * Compliance with this part center point of the Barters Island Bridge, other items of historical importance are
1130 shall be required on [DATE THAT on the Back River, ME, approximately unearthed and we report the findings. A
IS 12 MONTHS AFTER PUBLICATION 4.6 miles north of the mouth of the second commenter notified us this
OF THE FINAL RULE IN THE waterway. When enforced, this project will not affect any Penobscot
FEDERAL REGISTER] for contoured proposed rulemaking would prohibit cultural/historic properties or interests
changing pads (a type of baby changing persons and vessels from being in the and had no objection. A third
product). The rule shall apply to safety zone during bridge replacement commenter stated that Tennessee Gas
durable infant or toddler products, as operations unless authorized by the Pipeline currently does not have
defined in § 1130.2(a), that are Captain of the Port Northern New facilities within the area. There were no
manufactured on or after those dates. England or a designated representative, statements of objection.
■ 3. Amend § 1130.2 by: which could pose as imminent hazard On August 22, 2018, MEDOT
■ a. Revising paragraphs (a) to persons and vessels operating in the requested by letter that the Coast Guard
introductory text and (a)(8), (11), (12), area. The safety zone is necessary to impose waterway restrictions on the
(14), and (17); and protect personnel, vessels, and the Back River around the Barters Island
■ c. Removing paragraph (a)(18). marine environment from potential Bridge between Hodgdon Island and
amozie on DSK3GDR082PROD with PROPOSALS1

The revision reads as follows: hazards created by the demolition, Barters Island in Boothbay Harbor in
(a) Definition of Durable Infant or subsequent removal, and replacement of support of the bridge improvements.
Toddler Product means the following the Barters Island Bridge and a The project includes the replacement of
products intended for use, or that may temporary bridge. We invite your the swing span of the bridge and the
be reasonably expected to be used, by comments on this proposed rulemaking. existing center pier. A temporary fixed
children under the age of 5 years. The DATES: Comments and related material bridge will be used to maintain vehicle
listed product categories are further must be received by the Coast Guard on traffic during construction of the new
defined in the applicable standards that or before November 8, 2018. bridge. The temporary fixed bridge will

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50546 Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Proposed Rules

reduce the vertical clearance of the Below we summarize our analyses jurisdiction qualifies as a small entity
channel to 6.8 feet mean high water based on a number of these statutes and and that this rule would have a
(MHW) from approximately November Executive orders and we discuss First significant economic impact on it,
1, 2019 through May 31, 2020. On or Amendment rights of protestors. please submit a comment (see
about June 1, 2020, the new swing ADDRESSES) explaining why you think it
A. Regulatory Planning and Review
bridge is expected to be operating with qualifies and how and to what degree
unlimited clearance in the open Executive Orders 12866 and 13563 this rule would economically affect it.
position. The anticipated date for direct agencies to assess the costs and Under section 213(a) of the Small
removal of the temporary bridge is benefits of available regulatory Business Regulatory Enforcement
August 2020. A bridge protection alternatives and, if regulation is Fairness Act of 1996 (Pub. L. 104–121),
system and bridge lighting will be necessary, to select regulatory we want to assist small entities in
installed as part of the new bridge. approaches that maximize net benefits. understanding this proposed rule. If the
Captain of the Port (COTP) Northern Executive Order 13771 directs agencies rule would affect your small business,
New England has determined that to control regulatory costs through a organization, or governmental
hazards associated with the bridge budgeting process. This NPRM has not jurisdiction and you have questions
replacement project will be a safety been designated a ‘‘significant concerning its provisions or options for
concern for anyone within a 50-yard regulatory action,’’ under Executive compliance, please contact the person
radius from the center point of the of the Order 12866. Accordingly, the NPRM listed in the FOR FURTHER INFORMATION
Barters Island bridge. It is anticipated has not been reviewed by the Office of CONTACT section. The Coast Guard will
that the Back River will be closed Management and Budget (OMB), and not retaliate against small entities that
because of this safety zone for a total of pursuant to OMB guidance it is exempt question or complain about this
85 non-continuous days. from the requirements of Executive proposed rule or any policy or action of
The purpose of this rulemaking is to Order 13771. the Coast Guard.
protect personnel, vessels and the This regulatory action determination
marine environment from potential is based on the following reasons: (1) C. Collection of Information
hazards created during the replacement The safety zone only impacts a small This proposed rule would not call for
of the Barters Island Bridge, on the Back designated area of Back River, (2) the a new collection of information under
River, ME. The Coast Guard proposes safety zone will only be enforced during the Paperwork Reduction Act of 1995
this rulemaking under authority in 33 certain construction activities (44 U.S.C. 3501–3520).
U.S.C. 1231. necessitating a full waterway closure for
safety purposes, which is only D. Federalism and Indian Tribal
III. Discussion of Proposed Rule anticipated to occur on 85 days over a Governments
The COTP Northern New England two year period, or if there is an A rule has implications for federalism
proposes to establish a safety zone from emergency, (3) persons or vessels under Executive Order 13132,
December 1, 2018 through January 31, desiring to enter the safety zone may do Federalism, if it has a substantial direct
2021. The safety zone would cover all so with permission from the COTP effect on the States, on the relationship
navigable waters within a 50 yard radius Northern New England or a designated between the national government and
of the center point of the Barters Island representative, (4) the Coast Guard will the States, or on the distribution of
Bridge on Back River connecting Barter notify the public of the enforcement of power and responsibilities among the
Island and Hodgdon Island, this rule via appropriate means, such as various levels of government. We have
approximately 4.6 north of the mouth of via Local Notice to Mariners and analyzed this proposed rule under that
the waterway. The duration of the zone Broadcast Notice to Mariners via marine Order and have determined that it is
is intended to ensure the safety of Channel 16 (VHF–FM). consistent with the fundamental
vessels, the maritime public, federalism principles and preemption
construction workers, and these B. Impact on Small Entities requirements described in Executive
navigable waters during the replacement The Regulatory Flexibility Act of Order 13132.
of the Barters Island Bridge over the 1980, 5 U.S.C. 601–612, as amended, Also, this proposed rule does not have
main channel of the Back River. During requires Federal agencies to consider tribal implications under Executive
times of enforcement, no vessel or the potential impact of regulations on Order 13175, Consultation and
person would be permitted to enter the small entities during rulemaking. The Coordination with Indian Tribal
safety zone without obtaining term ‘‘small entities’’ comprises small Governments, because it would not have
permission from the COTP or a businesses, not-for-profit organizations a substantial direct effect on one or
designated representative. The that are independently owned and more Indian tribes, on the relationship
regulatory text we are proposing appears operated and are not dominant in their between the Federal Government and
at the end of this document. fields, and governmental jurisdictions Indian tribes, or on the distribution of
The Coast Guard will notify the with populations of less than 50,000. power and responsibilities between the
public and local mariners of this safety The Coast Guard certifies under 5 U.S.C. Federal Government and Indian tribes.
zone through appropriate means, which 605(b) that this proposed rule would not If you believe this proposed rule has
may include, but are not limited to, have a significant economic impact on implications for federalism or Indian
publication in the Federal Register, the a substantial number of small entities. tribes, please contact the person listed
Local Notice to Mariners, and Broadcast While some owners or operators of in the FOR FURTHER INFORMATION
amozie on DSK3GDR082PROD with PROPOSALS1

Notice to Mariners via marine Channel vessels intending to transit the safety CONTACT section.
16 (VHF–FM) in advance of any zone may be small entities, for the
reasons stated in section IV.A above, E. Unfunded Mandates Reform Act
enforcement.
this proposed rule would not have a The Unfunded Mandates Reform Act
IV. Regulatory Analyses significant economic impact on any of 1995 (2 U.S.C. 1531–1538) requires
We developed this proposed rule after vessel owner or operator. Federal agencies to assess the effects of
considering numerous statutes and If you think that your business, their discretionary regulatory actions. In
Executive orders related to rulemaking. organization, or governmental particular, the Act addresses actions

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Document Created: 2018-10-06 00:59:04
Document Modified: 2018-10-06 00:59:04

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments and related material must be received by the Coast Guard on or before November 8, 2018.
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]
FR Citation		83 FR 50545
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

83 FR 50545 - Safety Zone; Barters Island Bridge, Back River, Barters Island, ME

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 195 (October 9, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard