Safety Zone; The Gut, South Bristol, ME, 48748-48750 [2018-21057]
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48748
Federal Register / Vol. 83, No. 188 / Thursday, September 27, 2018 / Proposed Rules
VII. Proposed Regulatory Changes
For the reasons set forth in the
preamble, the Department of Labor
proposes to amend part 570 of title 29
of the Code of Federal Regulations as
follows:
PART 570—CHILD LABOR
REGULATIONS, ORDERS AND
STATEMENTS OF INTERPRETATION
Subpart E—Occupations Particularly
Hazardous for the Employment of
Minors Between 16 and 18 Years of
Age or Detrimental to Their Health or
Well-Being
1. The authority citation for Subpart E
continues to read as follows:
■
Authority: 29 U.S.C. 203(l), 212, 213(c).
§ 570.58
[Amended]
2. In § 570.58, add in alphabetical
order a definition for ‘‘patient lift’’
paragraph (b) and revise paragraph (c) to
read as follows:
■
§ 570.58 Occupations involved in the
operation of power-driven hoisting
apparatus (Order 7).
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*
*
*
*
*
(b) * * *
Patient lift is a power-driven device,
either fixed or mobile, used to lift and
transport a patient or resident (such as
of a medical care, nursing, long-term
care, or assisted living facility) in the
horizontal or other required position
from one place to another, as from a bed
to a bath, including any straps and a
sling used to support the patient or
resident.
(c) Exceptions. (1) Automatic
elevators and automatic signal
elevators. (i) This section shall not
prohibit the operation of an automatic
elevator and an automatic signal
operation elevator provided that the
exposed portion of the car interior
(exclusive of vents and other necessary
small openings), the car door, and the
hoistway doors are constructed of solid
surfaces without any opening through
which a part of the body may extend; all
hoistway openings at floor level have
doors which are interlocked with the car
door so as to prevent the car from
starting until all such doors are closed
and locked; the elevator (other than
hydraulic elevators) is equipped with a
device which will stop and hold the car
in case of overspeed or if the cable
slackens or breaks; and the elevator is
equipped with upper and lower travel
limit devices which will normally bring
the car to rest at either terminal and a
final limit switch which will prevent
the movement in either direction and
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16:28 Sep 26, 2018
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will open in case of excessive over
travel by the car.
(ii) For the purpose of this exception,
the term ‘‘automatic elevator’’ shall
mean a passenger elevator, a freight
elevator, or a combination passengerfreight elevator, the operation of which
is controlled by pushbuttons in such a
manner that the starting, going to the
landing selected, leveling and holding,
and the opening and closing of the car
and hoistway doors are entirely
automatic.
(iii) For the purpose of this exception,
the term ‘‘automatic signal operation
elevator’’ shall mean an elevator which
is started in response to the operation of
a switch (such as a lever or pushbutton)
in the car which when operated by the
operator actuates a starting device that
automatically closes the car and
hoistway doors—from this point on, the
movement of the car to the landing
selected, leveling and holding when it
gets there, and the opening of the car
and hoistway doors are entirely
automatic.
(2) Patient lifts. This section shall not
prohibit the work of operating or
assisting in the operation of patient lifts,
as defined in this section.
Signed at Washington, DC, this 21st day of
September 2018.
Bryan L. Jarrett,
Acting Administrator, Wage and Hour
Division.
[FR Doc. 2018–20996 Filed 9–26–18; 8:45 am]
BILLING CODE P
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
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish 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
proposed rule would prohibit entry of
vessels or persons into the safety zone
SUMMARY:
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Fmt 4702
Sfmt 4702
unless authorized by the Captain of the
Port Northern New England or a
designated representative. We invite
your comments on this proposed
rulemaking.
Comments and related material
must be received by the Coast Guard on
or before October 29, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–0849 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.
DATES:
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 Matthew.T.Odom@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
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
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On October 08, 2014, the Coast Guard
published a temporary final rule titled,
‘‘Regulated Navigation Area; South
Bristol Gut Bridge Replacement, South
Bristol, ME.’’ in the Federal Register (79
FR 60745) to enforce a regulated
navigation area during bridge
replacement operations. This regulated
navigation area allowed the Coast Guard
to enforce speed and wake restrictions
and prohibit all vessel traffic through
the regulated navigation area during
bridge replacement operations. This rule
was effective until April 30, 2017. No
comments were received during the
public comment period of this rule
making.
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
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Federal Register / Vol. 83, No. 188 / Thursday, September 27, 2018 / Proposed Rules
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 November 2018
and March 2019. However, we only
anticipate a continuous 35 day full
closure of the waterway. The Captain of
the Port (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.
The purpose of this rulemaking is to
ensure the safety of vessels and
personnel from potential hazards
associated with the removal of bedrock
within a 50-yard radius of the center
point of The Gut Bridge during
scheduled bedrock removal operations.
The Coast Guard proposes this
rulemaking under authority in 33 U.S.C.
1231.
III. Discussion of Proposed Rule
daltland on DSKBBV9HB2PROD with PROPOSALS
The Captain of the Port (COTP)
Northern New England proposes to
establish 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 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.
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16:28 Sep 26, 2018
Jkt 244001
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 size, location, duration,
and selective enforcement of the safety
zone. The safety zone will impact 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
would be 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 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
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48749
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.
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48750
Federal Register / Vol. 83, No. 188 / Thursday, September 27, 2018 / Proposed Rules
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
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-yard radius of
the center point of a bridge. 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
supporting this determination 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.
daltland on DSKBBV9HB2PROD with PROPOSALS
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
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16:28 Sep 26, 2018
Jkt 244001
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 https://
www.regulations.gov. If your material
cannot be submitted using https://
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, and
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
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.
2. Add § 165.T01–0849 to read as
follows:
■
§ 165.T01–0849 Safety Zone[s]; 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°51.720′
N, 069°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
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Fmt 4702
Sfmt 9990
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 will
be effective from 12:01 a.m. on
November 8, 2018 through 11:59 p.m.
on March 31, 2019, but 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 33 CFR
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: September 21, 2018.
B.J. LeFebvre,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Northern New England.
[FR Doc. 2018–21057 Filed 9–26–18; 8:45 am]
BILLING CODE 9110–04–P
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]]>Agencies
[Federal Register Volume 83, Number 188 (Thursday, September 27, 2018)]
[Proposed Rules]
[Pages 48748-48750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21057]
=======================================================================
-----------------------------------------------------------------------
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: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish 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 proposed rule
would prohibit entry of vessels or persons into the safety zone unless
authorized by the Captain of the Port Northern New England or a
designated representative. We invite your comments on this proposed
rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before October 29, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0849 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
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 October 08, 2014, the Coast Guard published a temporary final
rule titled, ``Regulated Navigation Area; South Bristol Gut Bridge
Replacement, South Bristol, ME.'' in the Federal Register (79 FR 60745)
to enforce a regulated navigation area during bridge replacement
operations. This regulated navigation area allowed the Coast Guard to
enforce speed and wake restrictions and prohibit all vessel traffic
through the regulated navigation area during bridge replacement
operations. This rule was effective until April 30, 2017. No comments
were received during the public comment period of this rule making.
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
[[Page 48749]]
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 November 2018 and March 2019. However,
we only anticipate a continuous 35 day full closure of the waterway.
The Captain of the Port (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.
The purpose of this rulemaking is to ensure the safety of vessels
and personnel from potential hazards associated with the removal of
bedrock within a 50-yard radius of the center point of The Gut Bridge
during scheduled bedrock removal operations. The Coast Guard proposes
this rulemaking under authority in 33 U.S.C. 1231.
III. Discussion of Proposed Rule
The Captain of the Port (COTP) Northern New England proposes to
establish 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 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 size,
location, duration, and selective enforcement of the safety zone. The
safety zone will impact 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 would be 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 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.
[[Page 48750]]
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 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-yard radius of the center point of a bridge.
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 supporting this determination 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 https://www.regulations.gov. If your material cannot be
submitted using https://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, and 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.T01-0849 to read as follows:
Sec. 165.T01-0849 Safety Zone[s]; 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 will be effective from 12:01 a.m.
on November 8, 2018 through 11:59 p.m. on March 31, 2019, but 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 33 CFR 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: September 21, 2018.
B.J. LeFebvre,
Captain, U.S. Coast Guard, Captain of the Port, Sector Northern New
England.
[FR Doc. 2018-21057 Filed 9-26-18; 8:45 am]
BILLING CODE 9110-04-P
