83_FR_57543 83 FR 57322 - Safety Zone; The Gut, South Bristol, ME

83 FR 57322 - Safety Zone; The Gut, South Bristol, ME

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 221 (November 15, 2018)

Page Range57322-57324
FR Document2018-24899

The Coast Guard is establishing a temporary safety zone for the navigable waters within a 50 yard radius from the center point of The Gut Bridge in South Bristol, ME between Rutherford Island and Bristol Neck. The safety zone is necessary to protect personnel, vessels, and the marine environment from potential hazards created during bedrock removal operations. When enforced, this regulation prohibits entry of vessels or persons into the safety zone unless authorized by the Captain of the Port Northern New England or a designated representative.

Federal Register, Volume 83 Issue 221 (Thursday, November 15, 2018)
[Federal Register Volume 83, Number 221 (Thursday, November 15, 2018)]
[Rules and Regulations]
[Pages 57322-57324]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24899]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0849]
RIN 1625-AA00


Safety Zone; The Gut, South Bristol, ME

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the navigable waters within a 50 yard radius from the center point of 
The Gut Bridge in South Bristol, ME between Rutherford Island and 
Bristol Neck. The safety zone is necessary to protect personnel, 
vessels, and the marine environment from potential hazards created 
during bedrock removal operations. When enforced, this regulation 
prohibits entry of vessels or persons into the safety zone unless 
authorized by the Captain of the Port Northern New England or a 
designated representative.

DATES: This rule is effective without actual notice from November 15, 
2018 through March 31, 2019. For the purposes of enforcement, actual 
notice will be used from November 8, 2018 through November 15, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0849 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Matthew Odom, Waterways Management Division, U.S. 
Coast Guard Sector Northern New England, telephone 207-347-5015, email 
Matthew.T.Odom@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
MEDOT Maine Department of Transportation
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On August 21, 2018, the Maine Department of Transportation (MEDOT) 
notified the Coast Guard that it will be removing bedrock in the areas 
between Rutherford Island and Bristol Neck underneath The Gut Bridge. 
The removal operations include removing bedrock from between the bridge 
abutments and areas near the navigation channel both upstream and 
downstream of The Gut Bridge. To remove the bedrock workers will need 
to utilize the waterway underneath the bridge span and prohibit people 
and vessels from entering the safety zone at various times. Removal 
operations are expected to take place between 8 November 2018 and 31 
March 2019. However, we only anticipate a continuous 35 day full 
closure of the waterway. The COTP Northern New England has determined 
that the potential hazards associated with the removal operations will 
be a safety concern for anyone transiting within a 50-yard radius of 
the center point of The Gut Bridge.
    In response, on September 27, 2018, the Coast Guard published a 
notice of proposed rulemaking (NPRM) titled ``Safety Zone; The Gut, 
South Bristol, ME'' (83 FR 48748). There we stated why we issued the 
NPRM, and invited comments on our proposed regulatory action related to 
this safety zone. During the comment period that ended on October 29, 
2018, we received no comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable because immediate action is needed to 
respond to the potential safety hazards associated with bedrock removal 
operations near The Gut Bridge which are scheduled to commence on 
November 8, 2018.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP Northern New England has determined that potential 
hazards associated with the bedrock removal operations will be a safety 
concern for anyone transiting within a 50-yard radius of the center 
point of the bridge. The purpose of this rule is to ensure the safety 
of vessels and personnel within a 50-yard radius of the center point of 
The Gut Bridge before, during, and after the bedrock removal 
operations.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published 
September 27, 2018. There are no changes in the regulatory text of this 
rule from the proposed rule in the NPRM.
    This rule establishes a safety zone from 12:01 a.m. on November 8, 
2018 to 11:59 on March 31, 2019. While the safety zone would be 
effective throughout this period, it would only be enforced during 
periods of active bedrock removal operations. The safety zone would 
include all navigable waters from surface to bottom within a 50 yard 
radius from the center point of The Gut Bridge between Rutherford 
Island and Bristol Neck in South Bristol, ME. During times of 
enforcement, no vessel or person would be permitted to enter the safety 
zone without obtaining permission from the COTP Northern New England or 
a designated representative. The Coast Guard will notify the public and 
local mariners of this safety zone through appropriate means, which may 
include, but are not limited to, publication in the Federal Register, 
the Local Notice to Mariners, and Broadcast Notice to Mariners via 
marine Channel 16 (VHF-FM) in advance of any enforcement.

IV. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and

[[Page 57323]]

Executive orders and we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and selective enforcement of the safety zone. The 
safety zone impacts only a small designated portion on The Gut waterway 
for 143 days. This waterway is typically transited by small 
recreational craft on an infrequent basis after Labor Day Weekend and 
prior to Memorial Day Weekend. Vessel traffic is able to safely transit 
around this safety zone with a slight delay (approximately 20-60 
minutes) by transiting around Rutherford Island to reach any 
destination on the other side of The Gut. Additionally, the safety zone 
will only be enforced during active bedrock removal operations 
necessitating closure of the waterway or during an emergency. Moreover, 
the rule allows vessels to seek permission to enter the zone. The Coast 
Guard will notify the public of enforcement of this rule via 
appropriate means, such as via Local Notice to Mariners and Broadcast 
Notice to Mariners via marine Channel 16 (VHF-FM).

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule would not have a significant economic 
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above, this rule would not have a significant economic impact on 
any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule would not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule would not result 
in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Commandant Instruction M16475.1D, which guide the 
Coast Guard in complying with the National Environmental Policy Act of 
1969 (42 U.S.C. 4321-4370f), and have determined that this action is 
one of a category of actions that do not individually or cumulatively 
have a significant effect on the human environment. This rule involves 
a safety zone that would prohibit entry within a 50-yard radius of the 
center point of a bridge. It is categorically excluded from further 
review under paragraph L60 (a) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental 
Consideration supporting this determination is available in the docket 
where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard to amend 
33 CFR part 165 as follows:

[[Page 57324]]

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.T01-0849 to read as follows:


Sec.  165.T01-0849  Safety Zone; The Gut, South Bristol, ME.

    (a) Location. The following area is a safety zone: All waters of 
The Gut, a waterway between Rutherford Island and Bristol Neck in South 
Bristol, ME, from surface to bottom, encompassed by a 50-yard radius 
from the center point of The Gut Bridge at position 43[deg]51.720' N, 
069[deg]33.480' W (NAD 83).
    (b) Definitions. As used in this section:
    Designated representative means any Coast Guard commissioned, 
warrant, petty officer, or designated Patrol Commander of the U.S. 
Coast Guard who has been designated by the Captain of the Port, Sector 
Northern New England (COTP), to act on his or her behalf. The 
designated representative may be on an official patrol vessel or may be 
on shore and will communicate with vessels via VHF-FM radio or 
loudhailer. In addition, members of the Coast Guard Auxiliary may be 
present to inform vessel operators of this regulation.
    Official patrol vessels means any Coast Guard, Coast Guard 
Auxiliary, state, or local law enforcement vessels assigned or approved 
by the COTP to enforce this section.
    (c) Enforcement period. This rule is effective without actual 
notice from November 15, 2018 through 11:59 p.m. on March 31, 2019. For 
the purposes of enforcement, actual notice will be used from 12:01 a.m. 
on November 8, 2018 through November 15, 2018. The rule will only be 
enforced during active bedrock removal operations or other instances 
which may cause a hazard to navigation, or when deemed necessary by the 
Captain of the Port (COTP), Northern New England.
    (d) Regulations. When this safety zone is enforced, the following 
regulations, along with those contained in Sec.  165.23 apply:
    (1) No person or vessel may enter or remain in the safety zone 
described in paragraph (a) of this section unless authorized by the 
COTP or the COTP's designated representative.
    (2) To obtain permission required by this regulation, individuals 
may reach the COTP or the COTP's designated representative via Channel 
16 (VHF-FM) or (207) 767-0303 (Sector Northern New England Command 
Center).
    (3) During periods of enforcement, any person or vessel permitted 
to enter the safety zone must comply with all lawful orders or 
directions given to them by the COTP or the COTP's designated 
representative.
    (e) Penalties. Those who violate this section are subject to the 
penalties set forth in 33 U.S.C. 1232.
    (f) Notification. Coast Guard Sector Northern New England will give 
notice through the Local Notice to Mariners and Broadcast Notice to 
Mariners for the purpose of enforcement of temporary safety zone. Coast 
Guard Sector Northern New England will also notify the public to the 
greatest extent possible of any period in which the Coast Guard will 
suspend enforcement of this safety zone.

    Dated: November 8, 2018.
B.J. LeFebvre,
Captain, U.S. Coast Guard, Captain of the Port, Sector Northern New 
England.
[FR Doc. 2018-24899 Filed 11-14-18; 8:45 am]
 BILLING CODE 9110-04-P



                                             57322            Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Rules and Regulations

                                             specifies the location of the regulated                  will be used from November 8, 2018                      Under 5 U.S.C. 553(d)(3), the Coast
                                             area for the Santa Spectacular                           through November 15, 2018.                            Guard finds that good cause exists for
                                             Fireworks. Entry into the regulated area                 ADDRESSES: To view documents                          making this rule effective less than 30
                                             is prohibited unless authorized by the                   mentioned in this preamble as being                   days after publication in the Federal
                                             Captain of the Port Marine Safety Unit                   available in the docket, go to https://               Register. Delaying the effective date of
                                             Pittsburgh (COTP) or a designated                        www.regulations.gov, type USCG–2018–                  this rule would be impracticable
                                             representative. Persons or vessels                       0849 in the ‘‘SEARCH’’ box and click                  because immediate action is needed to
                                             desiring to enter into or pass through                   ‘‘SEARCH.’’ Click on Open Docket                      respond to the potential safety hazards
                                             the regulated area must request                          Folder on the line associated with this               associated with bedrock removal
                                             permission from the COTP or a                            rule.                                                 operations near The Gut Bridge which
                                             designated representative. They can be                   FOR FURTHER INFORMATION CONTACT: If                   are scheduled to commence on
                                             reached on VHF FM channel 16. If                         you have questions on this rule, call or              November 8, 2018.
                                             permission is granted, all persons and                   email LT Matthew Odom, Waterways                      III. Legal Authority and Need for Rule
                                             vessels shall comply with the                            Management Division, U.S. Coast Guard
                                             instructions of the COTP or designated                                                                            The Coast Guard is issuing this rule
                                                                                                      Sector Northern New England,                          under authority in 33 U.S.C. 1231. The
                                             representative.                                          telephone 207–347–5015, email
                                                In addition to this notice of                                                                               COTP Northern New England has
                                                                                                      Matthew.T.Odom@uscg.mil.                              determined that potential hazards
                                             enforcement in the Federal Register, the                 SUPPLEMENTARY INFORMATION:
                                             COTP or a designated representative                                                                            associated with the bedrock removal
                                             will inform the public through                           I. Table of Abbreviations                             operations will be a safety concern for
                                             Broadcast Notices to Mariners (BNMs),                                                                          anyone transiting within a 50-yard
                                                                                                      CFR Code of Federal Regulations
                                             Local Notices to Mariners (LNMs),                                                                              radius of the center point of the bridge.
                                                                                                      COTP Captain of the Port
                                             Marine Safety Information Bulletins                      DHS Department of Homeland Security                   The purpose of this rule is to ensure the
                                             (MSIBs), and/or through other means of                   FR Federal Register                                   safety of vessels and personnel within a
                                             public notice as appropriate at least 24                 MEDOT Maine Department of                             50-yard radius of the center point of The
                                             hours in advance of enforcement.                           Transportation                                      Gut Bridge before, during, and after the
                                                                                                      NPRM Notice of proposed rulemaking                    bedrock removal operations.
                                             A.W. Demo,                                               § Section
                                             Commander, U.S. Coast Guard, Captain of                  U.S.C. United States Code                             IV. Discussion of Comments, Changes,
                                             the Port Marine Safety Unit Pittsburgh.                                                                        and the Rule
                                                                                                      II. Background, Purpose, and Legal
                                             [FR Doc. 2018–24900 Filed 11–14–18; 8:45 am]                                                                      As noted above, we received no
                                                                                                      Basis
                                             BILLING CODE 9110–04–P                                                                                         comments on our NPRM published
                                                                                                         On August 21, 2018, the Maine                      September 27, 2018. There are no
                                                                                                      Department of Transportation (MEDOT)                  changes in the regulatory text of this
                                             DEPARTMENT OF HOMELAND                                   notified the Coast Guard that it will be              rule from the proposed rule in the
                                             SECURITY                                                 removing bedrock in the areas between                 NPRM.
                                                                                                      Rutherford Island and Bristol Neck                       This rule establishes a safety zone
                                             Coast Guard                                              underneath The Gut Bridge. The                        from 12:01 a.m. on November 8, 2018 to
                                                                                                      removal operations include removing                   11:59 on March 31, 2019. While the
                                             33 CFR Part 165                                          bedrock from between the bridge                       safety zone would be effective
                                             [Docket Number USCG–2018–0849]                           abutments and areas near the navigation               throughout this period, it would only be
                                                                                                      channel both upstream and downstream                  enforced during periods of active
                                             RIN 1625–AA00                                            of The Gut Bridge. To remove the                      bedrock removal operations. The safety
                                                                                                      bedrock workers will need to utilize the              zone would include all navigable waters
                                             Safety Zone; The Gut, South Bristol,
                                                                                                      waterway underneath the bridge span                   from surface to bottom within a 50 yard
                                             ME
                                                                                                      and prohibit people and vessels from                  radius from the center point of The Gut
                                             AGENCY:    Coast Guard, DHS.                             entering the safety zone at various                   Bridge between Rutherford Island and
                                             ACTION:   Temporary final rule.                          times. Removal operations are expected                Bristol Neck in South Bristol, ME.
                                                                                                      to take place between 8 November 2018                 During times of enforcement, no vessel
                                             SUMMARY:   The Coast Guard is                            and 31 March 2019. However, we only                   or person would be permitted to enter
                                             establishing a temporary safety zone for                 anticipate a continuous 35 day full                   the safety zone without obtaining
                                             the navigable waters within a 50 yard                    closure of the waterway. The COTP                     permission from the COTP Northern
                                             radius from the center point of The Gut                  Northern New England has determined                   New England or a designated
                                             Bridge in South Bristol, ME between                      that the potential hazards associated                 representative. The Coast Guard will
                                             Rutherford Island and Bristol Neck. The                  with the removal operations will be a                 notify the public and local mariners of
                                             safety zone is necessary to protect                      safety concern for anyone transiting                  this safety zone through appropriate
                                             personnel, vessels, and the marine                       within a 50-yard radius of the center                 means, which may include, but are not
                                             environment from potential hazards                       point of The Gut Bridge.                              limited to, publication in the Federal
                                             created during bedrock removal                              In response, on September 27, 2018,                Register, the Local Notice to Mariners,
                                             operations. When enforced, this                          the Coast Guard published a notice of                 and Broadcast Notice to Mariners via
                                             regulation prohibits entry of vessels or                 proposed rulemaking (NPRM) titled                     marine Channel 16 (VHF–FM) in
                                             persons into the safety zone unless                      ‘‘Safety Zone; The Gut, South Bristol,                advance of any enforcement.
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                                             authorized by the Captain of the Port                    ME’’ (83 FR 48748). There we stated
                                             Northern New England or a designated                     why we issued the NPRM, and invited                   IV. Regulatory Analyses
                                             representative.                                          comments on our proposed regulatory                     We developed this rule after
                                             DATES: This rule is effective without                    action related to this safety zone. During            considering numerous statutes and
                                             actual notice from November 15, 2018                     the comment period that ended on                      Executive orders related to rulemaking.
                                             through March 31, 2019. For the                          October 29, 2018, we received no                      Below we summarize our analyses
                                             purposes of enforcement, actual notice                   comments.                                             based on a number of these statutes and


                                        VerDate Sep<11>2014    16:25 Nov 14, 2018   Jkt 247001   PO 00000   Frm 00016   Fmt 4700   Sfmt 4700   E:\FR\FM\15NOR1.SGM   15NOR1


                                                              Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Rules and Regulations                                       57323

                                             Executive orders and we discuss First                       While some owners or operators of                  Government and Indian tribes. If you
                                             Amendment rights of protestors.                          vessels intending to transit the safety               believe this rule has implications for
                                                                                                      zone may be small entities, for the                   federalism or Indian tribes, please
                                             A. Regulatory Planning and Review
                                                                                                      reasons stated in section IV.A above,                 contact the person listed in the FOR
                                                Executive Orders 12866 and 13563                      this rule would not have a significant                FURTHER INFORMATION CONTACT section.
                                             direct agencies to assess the costs and                  economic impact on any vessel owner
                                             benefits of available regulatory                         or operator.                                          E. Unfunded Mandates Reform Act
                                             alternatives and, if regulation is                          Under section 213(a) of the Small
                                                                                                      Business Regulatory Enforcement                         The Unfunded Mandates Reform Act
                                             necessary, to select regulatory
                                                                                                      Fairness Act of 1996 (Pub. L. 104–121),               of 1995 (2 U.S.C. 1531–1538) requires
                                             approaches that maximize net benefits.
                                                                                                      we want to assist small entities in                   Federal agencies to assess the effects of
                                             Executive Order 13771 directs agencies
                                                                                                      understanding this rule. If the rule                  their discretionary regulatory actions. In
                                             to control regulatory costs through a
                                             budgeting process. This rule has not                     would affect your small business,                     particular, the Act addresses actions
                                             been designated a ‘‘significant                          organization, or governmental                         that may result in the expenditure by a
                                             regulatory action,’’ under Executive                     jurisdiction and you have questions                   State, local, or tribal government, in the
                                             Order 12866. Accordingly, the rule has                   concerning its provisions or options for              aggregate, or by the private sector of
                                             not been reviewed by the Office of                       compliance, please contact the person                 $100,000,000 (adjusted for inflation) or
                                             Management and Budget (OMB), and                         listed in the FOR FURTHER INFORMATION                 more in any one year. Though this rule
                                             pursuant to OMB guidance it is exempt                    CONTACT section.                                      would not result in such an
                                             from the requirements of Executive                          Small businesses may send comments                 expenditure, we do discuss the effects of
                                             Order 13771.                                             on the actions of Federal employees                   this rule elsewhere in this preamble.
                                                                                                      who enforce, or otherwise determine
                                                This regulatory action determination                                                                        F. Environment
                                                                                                      compliance with, Federal regulations to
                                             is based on the size, location, duration,
                                                                                                      the Small Business and Agriculture
                                             and selective enforcement of the safety                                                                          We have analyzed this rule under
                                                                                                      Regulatory Enforcement Ombudsman
                                             zone. The safety zone impacts only a                                                                           Department of Homeland Security
                                                                                                      and the Regional Small Business
                                             small designated portion on The Gut                                                                            Directive 023–01 and Commandant
                                                                                                      Regulatory Fairness Boards. The
                                             waterway for 143 days. This waterway                                                                           Instruction M16475.1D, which guide the
                                                                                                      Ombudsman evaluates these actions
                                             is typically transited by small                                                                                Coast Guard in complying with the
                                                                                                      annually and rates each agency’s
                                             recreational craft on an infrequent basis                                                                      National Environmental Policy Act of
                                                                                                      responsiveness to small business. If you
                                             after Labor Day Weekend and prior to                                                                           1969 (42 U.S.C. 4321–4370f), and have
                                                                                                      wish to comment on actions by
                                             Memorial Day Weekend. Vessel traffic is                                                                        determined that this action is one of a
                                                                                                      employees of the Coast Guard, call 1–
                                             able to safely transit around this safety                                                                      category of actions that do not
                                                                                                      888–REG–FAIR (1–888–734–3247). The
                                             zone with a slight delay (approximately                                                                        individually or cumulatively have a
                                                                                                      Coast Guard will not retaliate against
                                             20–60 minutes) by transiting around
                                                                                                      small entities that question or complain              significant effect on the human
                                             Rutherford Island to reach any
                                                                                                      about this rule or any policy or action               environment. This rule involves a safety
                                             destination on the other side of The Gut.
                                                                                                      of the Coast Guard.                                   zone that would prohibit entry within a
                                             Additionally, the safety zone will only
                                             be enforced during active bedrock                        C. Collection of Information                          50-yard radius of the center point of a
                                             removal operations necessitating closure                                                                       bridge. It is categorically excluded from
                                                                                                        This rule would not call for a new                  further review under paragraph L60 (a)
                                             of the waterway or during an                             collection of information under the
                                             emergency. Moreover, the rule allows                                                                           of Appendix A, Table 1 of DHS
                                                                                                      Paperwork Reduction Act of 1995 (44                   Instruction Manual 023–01–001–01,
                                             vessels to seek permission to enter the                  U.S.C. 3501–3520).
                                             zone. The Coast Guard will notify the                                                                          Rev. 01. A Record of Environmental
                                             public of enforcement of this rule via                   D. Federalism and Indian Tribal                       Consideration supporting this
                                             appropriate means, such as via Local                     Governments                                           determination is available in the docket
                                             Notice to Mariners and Broadcast Notice                     A rule has implications for federalism             where indicated under ADDRESSES.
                                             to Mariners via marine Channel 16                        under Executive Order 13132,                          G. Protest Activities
                                             (VHF–FM).                                                Federalism, if it has a substantial direct
                                             B. Impact on Small Entities                              effect on the States, on the relationship               The Coast Guard respects the First
                                                                                                      between the national government and                   Amendment rights of protesters.
                                                The Regulatory Flexibility Act of                     the States, or on the distribution of                 Protesters are asked to contact the
                                             1980, 5 U.S.C. 601–612, as amended,                      power and responsibilities among the                  person listed in the FOR FURTHER
                                             requires Federal agencies to consider                    various levels of government. We have                 INFORMATION CONTACT section to
                                             the potential impact of regulations on                   analyzed this rule under that Order and               coordinate protest activities so that your
                                             small entities during rulemaking. The                    have determined that it is consistent                 message can be received without
                                             term ‘‘small entities’’ comprises small                  with the fundamental federalism                       jeopardizing the safety or security of
                                             businesses, not-for-profit organizations                 principles and preemption requirements                people, places, or vessels.
                                             that are independently owned and                         described in Executive Order 13132.
                                             operated and are not dominant in their                      Also, this rule does not have tribal               List of Subjects in 33 CFR Part 165
                                             fields, and governmental jurisdictions                   implications under Executive Order
                                             with populations of less than 50,000.                    13175, Consultation and Coordination                    Harbors, Marine safety, Navigation
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                                             The Coast Guard received no comments                     with Indian Tribal Governments,                       (water), Reporting and recordkeeping
                                             from the Small Business Administration                   because it would not have a substantial               requirements, Security measures,
                                             on this rulemaking. The Coast Guard                      direct effect on one or more Indian                   Waterways.
                                             certifies under 5 U.S.C. 605(b) that this                tribes, on the relationship between the                 For the reasons discussed in the
                                             rule would not have a significant                        Federal Government and Indian tribes,
                                                                                                                                                            preamble, the Coast Guard to amend 33
                                             economic impact on a substantial                         or on the distribution of power and
                                                                                                                                                            CFR part 165 as follows:
                                             number of small entities.                                responsibilities between the Federal


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                                             57324            Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Rules and Regulations

                                             PART 165—REGULATED NAVIGATION                            representative via Channel 16 (VHF–                   April 15, 2010, the EPA proposed to
                                             AREAS AND LIMITED ACCESS AREAS                           FM) or (207) 767–0303 (Sector Northern                revoke the 2009 NSR Aggregation
                                                                                                      New England Command Center).                          Action. After a review of the public
                                             ■ 1. The authority citation for part 165                   (3) During periods of enforcement,                  comments received on that proposal, the
                                             continues to read as follows:                            any person or vessel permitted to enter               EPA has now decided to not revoke the
                                               Authority: 33 U.S.C. 1231; 50 U.S.C. 191;              the safety zone must comply with all                  2009 NSR Aggregation Action. The EPA
                                             33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                lawful orders or directions given to                  is, therefore, retaining the interpretation
                                             Department of Homeland Security Delegation               them by the COTP or the COTP’s                        set forth in the 2009 NSR Aggregation
                                             No. 0170.1.                                              designated representative.                            Action, while not adopting any changes
                                             ■ 2. Add § 165.T01–0849 to read as                         (e) Penalties. Those who violate this               to the relevant rule text. At the same
                                             follows:                                                 section are subject to the penalties set              time, the EPA is using this present
                                                                                                      forth in 33 U.S.C. 1232.                              action to clarify the implications of the
                                             § 165.T01–0849 Safety Zone; The Gut,                       (f) Notification. Coast Guard Sector                2009 NSR Aggregation Action for EPA-
                                             South Bristol, ME.                                       Northern New England will give notice                 approved permitting programs. This
                                                (a) Location. The following area is a                 through the Local Notice to Mariners                  action also lifts the administrative stay
                                             safety zone: All waters of The Gut, a                    and Broadcast Notice to Mariners for the              and announces the effective date of the
                                             waterway between Rutherford Island                       purpose of enforcement of temporary                   2009 NSR Aggregation Action.
                                             and Bristol Neck in South Bristol, ME,                   safety zone. Coast Guard Sector
                                             from surface to bottom, encompassed by                   Northern New England will also notify                      This action is effective on
                                                                                                                                                            DATES:
                                             a 50-yard radius from the center point                   the public to the greatest extent possible            November 15, 2018.
                                             of The Gut Bridge at position 43°51.720′                 of any period in which the Coast Guard                ADDRESSES:   The EPA has established a
                                             N, 069°33.480′ W (NAD 83).                               will suspend enforcement of this safety               docket for this action, identified by
                                                (b) Definitions. As used in this                      zone.                                                 Docket ID No. EPA–HQ–OAR–2003–
                                             section:                                                                                                       0064. All documents in the docket are
                                                                                                        Dated: November 8, 2018.
                                                Designated representative means any                                                                         listed in the http://www.regulations.gov
                                             Coast Guard commissioned, warrant,                       B.J. LeFebvre,
                                                                                                                                                            website. Although listed in the index,
                                             petty officer, or designated Patrol                      Captain, U.S. Coast Guard, Captain of the
                                                                                                                                                            some information may not be publicly
                                             Commander of the U.S. Coast Guard                        Port, Sector Northern New England.
                                                                                                                                                            available, e.g., Confidential Business
                                             who has been designated by the Captain                   [FR Doc. 2018–24899 Filed 11–14–18; 8:45 am]
                                                                                                                                                            Information or other information whose
                                             of the Port, Sector Northern New                         BILLING CODE 9110–04–P
                                                                                                                                                            disclosure is restricted by statute.
                                             England (COTP), to act on his or her                                                                           Certain other material, such as
                                             behalf. The designated representative                                                                          copyrighted material, is not placed on
                                             may be on an official patrol vessel or                   ENVIRONMENTAL PROTECTION                              the internet and will be publicly
                                             may be on shore and will communicate                     AGENCY                                                available only in hard copy. Publicly
                                             with vessels via VHF–FM radio or                                                                               available docket materials are available
                                             loudhailer. In addition, members of the                  40 CFR Parts 51 and 52                                electronically in http://
                                             Coast Guard Auxiliary may be present to                  [EPA–HQ–OAR–2003–0064; FRL–9986–47–                   www.regulations.gov.
                                             inform vessel operators of this                          OAR]
                                             regulation.                                                                                                    FOR FURTHER INFORMATION CONTACT:    For
                                                Official patrol vessels means any                     RIN 2060–AP80                                         further general information on this
                                             Coast Guard, Coast Guard Auxiliary,                                                                            action, contact Mr. Dave Svendsgaard,
                                                                                                      Prevention of Significant Deterioration               Office of Air Quality Planning and
                                             state, or local law enforcement vessels                  (PSD) and Nonattainment New Source
                                             assigned or approved by the COTP to                                                                            Standards (OAQPS), Air Quality Policy
                                                                                                      Review (NNSR): Aggregation;                           Division, U.S. EPA, Mail Code 504–03,
                                             enforce this section.                                    Reconsideration
                                                (c) Enforcement period. This rule is                                                                        109 T.W. Alexander Drive, Research
                                             effective without actual notice from                     AGENCY:   Environmental Protection                    Triangle Park, NC 27711; by telephone
                                             November 15, 2018 through 11:59 p.m.                     Agency (EPA).                                         at (919) 541–2380; or by email at
                                             on March 31, 2019. For the purposes of                   ACTION: Final action; lifting of                      svendsgaard.dave@epa.gov.
                                             enforcement, actual notice will be used                  administrative stay and announcement                  SUPPLEMENTARY INFORMATION:
                                             from 12:01 a.m. on November 8, 2018                      of effective date.
                                             through November 15, 2018. The rule                                                                            I. General Information
                                             will only be enforced during active                      SUMMARY:    In this action, the                       A. Does this action apply to me?
                                             bedrock removal operations or other                      Environmental Protection Agency (EPA)
                                             instances which may cause a hazard to                    is concluding the reconsideration of an                  Entities potentially affected directly
                                             navigation, or when deemed necessary                     earlier action that the EPA published on              by this action include sources in all
                                             by the Captain of the Port (COTP),                       January 15, 2009, titled ‘‘Prevention of              industry categories. Entities potentially
                                             Northern New England.                                    Significant Deterioration (PSD) and                   affected by this action also include state,
                                                (d) Regulations. When this safety zone                Nonattainment New Source Review                       local and tribal air pollution control
                                             is enforced, the following regulations,                  (NSR): Aggregation and Project                        agencies (air agencies) responsible for
                                             along with those contained in § 165.23                   Netting.’’ The 2009 action—hereafter                  permitting sources pursuant to the NSR
                                             apply:                                                   referred to as ‘‘2009 NSR Aggregation                 program.
                                                (1) No person or vessel may enter or                  Action’’—clarified implementation of
                                                                                                                                                            B. Where can I get a copy of this
khammond on DSK30JT082PROD with RULES




                                             remain in the safety zone described in                   the New Source Review (NSR)
                                                                                                                                                            document and other related
                                             paragraph (a) of this section unless                     permitting program under the Clean Air
                                                                                                                                                            information?
                                             authorized by the COTP or the COTP’s                     Act (CAA or Act) with respect to
                                             designated representative.                               treating related physical or operational                In addition to being available in the
                                                (2) To obtain permission required by                  changes as a single ‘‘modification’’ for              docket, an electronic copy of this
                                             this regulation, individuals may reach                   the purpose of determining NSR                        Federal Register document will be
                                             the COTP or the COTP’s designated                        applicability at a stationary source. On              posted at https://www.epa.gov/nsr.


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Document Created: 2018-11-15 04:01:13
Document Modified: 2018-11-15 04:01:13
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 without actual notice from November 15, 2018 through March 31, 2019. For the purposes of enforcement, actual notice will be used from November 8, 2018 through November 15, 2018.
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 Citation83 FR 57322 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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