Safety Zone; North Hero-Grand Isle Bridge, Lake Champlain, VT, 50503-50506 [2018-21867]
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Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Rules and Regulations
Division of Petition Review, to J.
Kidwell, Regulatory Group I, Division of
Petition Review, June 24, 2016.*
6. FDA Memorandum from D. Folmer,
CFSAN Chemistry Review Group,
Division of Petition Review, to J.
Kidwell, Regulatory Group I, Division of
Petition Review, June 20, 2018.*
7. Food and Agriculture Organization of the
United Nations and the World Health
Organization. Principles and Methods for
the Risk Assessment of Chemicals in
Food. 2009. Available at https://
www.inchem.org/documents/ehc/ehc/
ehc240_index.htm. (Last accessed
September 12, 2017.)
8. Flavor and Extract Manufacturers
Association Letter to Judith Kidwell
(FDA, CFSAN), April 11, 2016.*
9. FDA Memorandum from S. Thurmond,
CFSAN Toxicology Team, Division of
Petition Review, to J. Kidwell,
Regulatory Group I, Division of Petition
Review, June 21, 2018. *
10. Boobis, A.R. et al. (2006). ‘‘IPCS
Framework for Analyzing the Relevance
of a Cancer Mode of Action for
Humans.’’ Critical Reviews in
Toxicology, 36:10, 781–792.
11. FDA Memorandum from S. Thurmond,
CFSAN Toxicology Team, Division of
Petition Review, to J. Kidwell,
Regulatory Group I, Division of Petition
Review, June 21, 2018.*
12. National Toxicology Program. Report on
Carcinogens Background Document for
Ethyl Acrylate. December 2–3, 1998.
13. FDA Memorandum from J. Zang, CFSAN
Toxicology Team, Division of Petition
Review, to J. Kidwell, Regulatory Group
I, Division of Petition Review, June 21,
2018.*
14. FDA Memorandum from A. Khan,
CFSAN Toxicology Team, Division of
Petition Review, to J. Kidwell,
Regulatory Group I, Division of Petition
Review, June 21, 2018.*
15. FDA Memorandum from N. Anyangwe,
CFSAN Toxicology Team, Division of
Petition Review, to J. Kidwell,
Regulatory Group I, Division of Petition
Review, June 21, 2018.*
16. Da Rocha, M.S., Dodmane, P.R., Arnold,
L.L., et al. (2012). ‘‘Mode of Action of
Pulegone on the Urinary Bladder of F344
Rats.’’ Toxicological Sciences, kfs035.
17. FDA Memorandum from T. Tyler, CFSAN
Toxicology Team, Division of Petition
Review, to J. Kidwell, Regulatory Group
I, Division of Petition Review, June 27,
2018.*
List of Subjects
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21 CFR Part 172
Food additives, Reporting and
recordkeeping requirements.
21 CFR Part 177
Food additives, Food packaging.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs, 21 CFR parts 172
and 177 are amended as follows:
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[FR Doc. 2018–21807 Filed 10–5–18; 8:45 am]
Port Northern New England or a
designated representative.
DATES: This rule is effective without
actual notice from October 9, 2018
through September 1, 2022. For
purposes of enforcement, actual notice
will be used from October 1, 2018
through October 9, 2018.
Comments and related material must
be received by the Coast Guard on or
before January 7, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0682 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule. You may submit comments
identified by docket number USCG–
2018–0575 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion for further
instructions on submitting comments.
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:
BILLING CODE 4164–01–P
I. Table of Abbreviations
PART 172—FOOD ADDITIVES
PERMITTED FOR DIRECT ADDITION
TO FOOD FOR HUMAN
CONSUMPTION
1. The authority citation for part 172
continues to read as follows:
■
Authority: 21 U.S.C. 321, 341, 342, 348,
371, 379e.
§ 172.515
[Amended]
2. Amend § 172.515(b) by removing
the entries for ‘‘benzophenone;
diphenylketone,’’ ‘‘ethyl acrylate,’’
‘‘eugenyl methyl ether; 4-allylveratrole;
methyl eugenol,’’ ‘‘myrcene; 7-methyl-3methylene-1,6-octadiene,’’ ‘‘pulegone;
p-menth-4(8)-en-3-one,’’ and
‘‘pyridine.’’
■
PART 177—INDIRECT FOOD
ADDITIVES: POLYMERS
3. The authority citation for part 177
continues to read as follows:
■
Authority: 21 U.S.C. 321, 342, 348, 379e.
§ 177.2600
[Amended]
4. In § 177.2600(c)(4)(iv), remove the
entry for ‘‘diphenyl ketone.’’
■
Dated: October 2, 2018.
Leslie Kux,
Associate Commissioner for Policy.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0682]
RIN 1625–AA00
Safety Zone; North Hero-Grand Isle
Bridge, Lake Champlain, VT
Coast Guard, DHS.
Temporary interim rule and
request for comments.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
the navigable waters within a 50 yard
radius from the center of the North
Hero-Grand Isle Bridge, on Lake
Champlain, VT. The safety zone is
necessary to protect personnel, vessels,
and marine environment from potential
hazards created by the demolition,
subsequent removal, and replacement of
the North Hero-Grand Isle Bridge. When
enforced, this regulation prohibits entry
of vessels or persons into the safety zone
unless authorized by the Captain of the
SUMMARY:
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CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
TIR Temporary Interim Rule
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On July 5, 2018, Sector Northern New
England was made aware by Cianbro
Corporation through email, of the North
Hero-Grand Isle Bridge replacement
project, which will be replacing Bridge
8 on US 2 over Lake Champlain which
connects the towns of North Hero Island
and Grand Isle in Vermont. The COTP
Northern New England has determined
that the potential hazards associated
with the bridge replacement project will
be a safety concern for anyone within
the work area.
The Coast Guard is publishing this
rule to be effective, and enforceable,
through September 1, 2022, in case the
project is delayed due to unforeseen
circumstances. During this project,
removal and replacement of the bridge
will take place. No vessel or person will
be permitted to enter the safety zone
without obtaining permission from the
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COTP or a designated representative.
The safety zone will be enforced during
different periods during bridge
deconstruction, temporary bridge
installation, and construction of the
permanent structure. Unless there is an
emergency, the Coast Guard will issue a
Broadcast Notice to Mariners via marine
channel 16 (VHF–FM) 24 hours in
advance of any period of enforcement.
If the project is completed prior to
September 1, 2022, enforcement of the
safety zone will be suspended and
notice given via Broadcast Notice to
Mariners, Local Notice to Mariners, or
both.
The Coast Guard is issuing this
temporary interim rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing an
NPRM with respect to this rule because
doing so would be impracticable and
contrary to the public interest. The late
finalization of project details did not
give the Coast Guard enough time to
publish an NPRM, take public
comments, and issue a final rule before
the construction work is set to begin. It
would be impracticable and contrary to
the public interest to delay
promulgating this rule as it is necessary
to establish this safety zone on October
1, 2018 to protect the safety of the
waterway users, construction crew, and
other personnel associated with the
replacement project. A delay of the
replacement project to accommodate a
full notice and comment period would
delay necessary operations, result in
increased costs, and delay the date
when the replacement project is
expected to be completed and reopen
the bridge for normal operations.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making it effective less than 30 days
after publication in the Federal
Register. For reasons stated in the
preceding paragraph, delaying the
effective date of this rule would be
impracticable and contrary to the public
interest because timely action is needed
to respond to the potential safety
hazards associated with the
construction project.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
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COTP Northern New England has
determined that potential hazards
associated with the bridge replacement
project scheduled from October 1, 2018
through September 1, 2022 will be a
safety concern for anyone within the
work zone. This rule is needed to
protect personnel, vessels, and the
marine environment on the navigable
waters of Lake Champlain while the
bridge replacement project is
completed.
IV. Discussion of Comments, Changes,
and the Rule
This rule establishes a safety zone
from October 1, 2018 through
September 1, 2022. The safety zone will
cover all navigable waters from surface
to bottom within a 50 yard radius from
the center of the Route 2 North HeroGrand Isle Bridge. When enforced, no
vessel or person will be permitted to
enter the safety zone without obtaining
permission from the COTP or a
designated representative.
The Coast Guard will notify the
public and local mariners of this safety
zone through appropriate means, which
may include, but are not limited to,
publication in the Federal Register, the
Local Notice to Mariners, and Broadcast
Notice to Mariners via marine Channel
16 (VHF–FM) in advance of any
enforcement.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, it has not
been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
order 13771.
The Coast Guard has determined that
this rulemaking is not a significant
regulatory action for the following
reasons: (1) The safety zone only
impacts a small designated area of Lake
Champlain, (2) the safety zone will only
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be enforced when work equipment is
present in the navigable channel as a
result of bridge removal and
replacement operations or if there is an
emergency, (3) persons or vessels
desiring to enter the safety zone may do
so with permission from the COTP
Northern New England or a designated
representative. The Coast Guard will
notify the public of the enforcement of
this rule via appropriate means, such as
via Local Notice to Mariners and
Broadcast Notice to Mariners via marine
channel 16 (VHF–FM).
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A., this rule
will not have a significant economic
impact on any vessel owner or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (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.
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C. Collection of Information
This temporary interim rule will not
call for a new collection of information
under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
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E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a
temporary safety zone that will prohibit
entry within a 50 yard radius from the
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center of the North Hero-Grand Isle
Bridge during its removal and
replacement. Normally such actions are
categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01.
A preliminary Record of
Environmental Consideration for
Categorically Excluded Actions is
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
temporary interim 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.
VI. 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 TIR 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.
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50505
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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.T01–0682 to read as
follows:
■
§ 165.T01–0682 Safety Zone—North HeroGrand Isle Bridge, Lake Champlain, VT.
(a) Location. The following area is a
safety zone: All navigable waters on
Lake Champlain, within a 50-yard
radius of the center of the North HeroGrand Isle Bridge that spans Lake
Champlain between North Hero Island
and Grand Isle in position 44°45′57″ N,
073°17′20″ W (NAD 83).
(b) Definitions. As used in this
section:
(1) Designated representative means
any Coast Guard commissioned,
warrant, petty officer, or any federal,
state, or local law enforcement officer
who has been designated by the Captain
of the Port (COTP) Northern New
England, to act on his or her behalf. The
designated representative may be on an
official patrol vessel or may be on shore
and will communicate with vessels via
VHF–FM radio or loudhailer. In
addition, members of the Coast Guard
Auxiliary may be present to inform
vessel operators of this regulation.
(2) Official patrol vessels means any
Coast Guard, Coast Guard Auxiliary,
state, or local law enforcement vessels
assigned or approved by the COTP
Northern New England to enforce this
section.
(c) Effective and enforcement period.
This section is enforceable 24 hours a
day from October 1, 2018, through
September 1, 2022. When enforced as
deemed necessary by the Captain of the
Port (COTP) Northern New England,
vessels and persons will be prohibited
from entering this safety zone unless
granted permission from the COTP
Northern New England or the COTP’s
designated representative.
(d) Regulations. When this safety zone
is enforced, the following regulations,
along with those contained in § 165.23
apply:
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(1) No person or vessel may enter or
remain in this safety zone without the
permission of the Captain of the Port
(COTP) Northern New England or the
COTP’s designated representative.
However, any vessel that is granted
permission to enter or remain in this
zone by the COTP or the COTP’s
designated representative must proceed
through the zone with caution and
operate at a speed no faster than that
speed necessary to maintain a safe
course, unless otherwise required by the
Navigation Rules.
(2) Any person or vessel permitted to
enter the safety zone shall comply with
the directions and orders of the COTP
or the COTP’s designated representative.
Upon being hailed by a U.S. Coast
Guard vessel by siren, radio, flashing
lights, or other means, the operator of a
vessel within the zone shall proceed as
directed. Any person or vessel within
the safety zone shall exit the zone when
directed by the COTP or the COTP’s
designated representative.
(3) To obtain permission required by
this regulation, individuals may reach
the COTP or the COTP’s designated
representative via Channel 16 (VHF–
FM) or (207)741–5465 (Sector Northern
New England Command Center).
(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.
Dated: September 17, 2018.
B.G. LeFebvre,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Northern New England.
[FR Doc. 2018–21867 Filed 10–5–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 36
RIN 2900–AO65
Loan Guaranty: Ability-to-Repay
Standards and Qualified Mortgage
Definition Under the Truth-in-Lending
Act
Department of Veterans Affairs.
Agency determination; status of
interim final rule.
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AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) published an interim final
rule on May 9, 2014, implementing
provisions of the Dodd-Frank Wall
SUMMARY:
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Street Reform and Consumer Protection
Act (the Dodd-Frank Act). This
document informs the public that VA
will not be publishing a final rule to
adopt the provisions in the interim final
rule that published on May 9, 2014.
However, VA will be publishing a
separate regulation in the near future
that will supersede the provisions in the
interim final rule that published on May
9, 2014.
DATES: This document is effective
October 9, 2018.
FOR FURTHER INFORMATION CONTACT: Greg
Nelms, Assistant Director (26), Veterans
Benefits Administration, Department of
Veterans Affairs, 810 Vermont Avenue
NW, Washington, DC 20420, (202) 632–
8795. (This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: On May 9,
2014, VA published in the Federal
Register (79 FR 26620) its interim final
rule (IFR) pursuant to the Dodd-Frank
Act, Public Law 111–203, 124 Stat. 1376
(2010). Among other things, the DoddFrank Act established many reforms to
Federal oversight of residential
mortgage lending, including a
requirement that lenders be able to
demonstrate that, at the time a mortgage
loan is made to a borrower, the borrower
is reasonably able to repay the mortgage
loan. Public Law 111–203, sec. 1411
(codified at 15 U.S.C. 1639c). Such
mortgage loans are referred to generally
as qualified mortgages (QMs).
VA specified in the IFR that almost all
VA loans meeting VA’s underwriting
standards would be considered safe
harbor QMs. 79 FR 26622–26623. The
loans that would not be considered safe
harbor QMs would be certain Interest
Rate Reduction Refinance Loans
(IRRRLs), specifically those meeting the
requirements for guaranty but failing to
meet IRRRL-specific seasoning and
recoupment requirements for safe
harbor protections. While these types of
IRRRLs could still be deemed QMs, they
would receive the designation of
rebuttable presumption QM rather than
safe harbor QM. 79 FR 26624. VA also
specified income verification
requirements for IRRRLs. Id.
VA received a total of 22 comments
on the IFR. Most of the commenters
were industry participants in the VA
Home Loan program or representatives
of the lending community. A few
individuals also commented. No
comments were received from veterans’
service organizations or veterans
expressing concerns about the use of
their VA home loan benefit. Most
commenters sought clarification of the
IFR. Several commenters were fully
supportive of the rule. VA appreciates
the comments received on the IFR.
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On May 24, 2018, section 309 of
Economic Growth, Regulatory Relief,
and Consumer Protection Act (Pub. L.
115–174) superseded certain elements
of the IFR. The law’s seasoning and
recoupment requirements for IRRRLs
effectively eliminated the category of
rebuttable presumption QM. Section
309 also imposed other requirements
that, while not in conflict with the IFR,
were not contemplated at the time of the
IFR’s publication. Consequently, rather
than finalizing the IFR, VA will need to
revise its qualified mortgage criteria in
a future rulemaking. VA will in its
future rulemaking take into account the
spirit of the comments submitted in
response to the IFR. Until such future
rulemaking is final, the IFR remains in
effect. To the extent any provision of the
IFR conflicts with or is superseded by
Public Law 115–174, Public Law 115–
174 controls.
On May 25, 2018, VA released a
policy guidance update in Circular 26–
18–13 to inform program participants
about the impact of Public Law 115–174
on VA home loan financing. Loan
applications taken on or after May 25,
2018 must meet the requirements of the
new law to be eligible for guaranty by
the VA.
Signing Authority
The Secretary of Veterans Affairs
approved this document and authorized
the undersigned to sign and submit the
document to the Office of the Federal
Register for publication electronically as
an official document of the Department
of Veterans Affairs. Robert L. Wilkie,
Secretary, Department of Veterans
Affairs, approved this document on
September 26, 2018, for publication.
Dated: September 26, 2018.
Jeffrey M. Martin,
Impact Analyst, Office of Regulation Policy
& Management, Office of the Secretary,
Department of Veterans Affairs.
[FR Doc. 2018–21370 Filed 10–4–18; 4:15 pm]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2018–0549, FRL–9984–58–
Region 2]
Approval and Promulgation of
Implementation Plans; New Jersey;
Elements for the 2008 8-Hour Ozone
National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
AGENCY:
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[Federal Register Volume 83, Number 195 (Tuesday, October 9, 2018)]
[Rules and Regulations]
[Pages 50503-50506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21867]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0682]
RIN 1625-AA00
Safety Zone; North Hero-Grand Isle Bridge, Lake Champlain, VT
AGENCY: Coast Guard, DHS.
ACTION: Temporary interim rule and request for comments.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the navigable waters within a 50 yard radius from the center of the
North Hero-Grand Isle Bridge, on Lake Champlain, VT. The safety zone is
necessary to protect personnel, vessels, and marine environment from
potential hazards created by the demolition, subsequent removal, and
replacement of the North Hero-Grand Isle Bridge. 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 October 9,
2018 through September 1, 2022. For purposes of enforcement, actual
notice will be used from October 1, 2018 through October 9, 2018.
Comments and related material must be received by the Coast Guard
on or before January 7, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0682 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule. You may submit
comments identified by docket number USCG-2018-0575 using the Federal
eRulemaking Portal at https://www.regulations.gov. See the ``Public
Participation and Request for Comments'' portion for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Matthew Odom, Waterways Management Division, U.S.
Coast Guard Sector Northern New England, telephone 207-347-5015, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
TIR Temporary Interim Rule
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On July 5, 2018, Sector Northern New England was made aware by
Cianbro Corporation through email, of the North Hero-Grand Isle Bridge
replacement project, which will be replacing Bridge 8 on US 2 over Lake
Champlain which connects the towns of North Hero Island and Grand Isle
in Vermont. The COTP Northern New England has determined that the
potential hazards associated with the bridge replacement project will
be a safety concern for anyone within the work area.
The Coast Guard is publishing this rule to be effective, and
enforceable, through September 1, 2022, in case the project is delayed
due to unforeseen circumstances. During this project, removal and
replacement of the bridge will take place. No vessel or person will be
permitted to enter the safety zone without obtaining permission from
the
[[Page 50504]]
COTP or a designated representative. The safety zone will be enforced
during different periods during bridge deconstruction, temporary bridge
installation, and construction of the permanent structure. Unless there
is an emergency, the Coast Guard will issue a Broadcast Notice to
Mariners via marine channel 16 (VHF-FM) 24 hours in advance of any
period of enforcement. If the project is completed prior to September
1, 2022, enforcement of the safety zone will be suspended and notice
given via Broadcast Notice to Mariners, Local Notice to Mariners, or
both.
The Coast Guard is issuing this temporary interim rule without
prior notice and opportunity to comment pursuant to authority under
section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C.
553(b)). This provision authorizes an agency to issue a rule without
prior notice and opportunity to comment when the agency for good cause
finds that those procedures are ``impracticable, unnecessary, or
contrary to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast
Guard finds that good cause exists for not publishing an NPRM with
respect to this rule because doing so would be impracticable and
contrary to the public interest. The late finalization of project
details did not give the Coast Guard enough time to publish an NPRM,
take public comments, and issue a final rule before the construction
work is set to begin. It would be impracticable and contrary to the
public interest to delay promulgating this rule as it is necessary to
establish this safety zone on October 1, 2018 to protect the safety of
the waterway users, construction crew, and other personnel associated
with the replacement project. A delay of the replacement project to
accommodate a full notice and comment period would delay necessary
operations, result in increased costs, and delay the date when the
replacement project is expected to be completed and reopen the bridge
for normal operations.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making it effective less than 30 days after publication in
the Federal Register. For reasons stated in the preceding paragraph,
delaying the effective date of this rule would be impracticable and
contrary to the public interest because timely action is needed to
respond to the potential safety hazards associated with the
construction project.
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 bridge replacement project scheduled from
October 1, 2018 through September 1, 2022 will be a safety concern for
anyone within the work zone. This rule is needed to protect personnel,
vessels, and the marine environment on the navigable waters of Lake
Champlain while the bridge replacement project is completed.
IV. Discussion of Comments, Changes, and the Rule
This rule establishes a safety zone from October 1, 2018 through
September 1, 2022. The safety zone will cover all navigable waters from
surface to bottom within a 50 yard radius from the center of the Route
2 North Hero-Grand Isle Bridge. When enforced, no vessel or person will
be permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative.
The Coast Guard will notify the public and local mariners of this
safety zone through appropriate means, which may include, but are not
limited to, publication in the Federal Register, the Local Notice to
Mariners, and Broadcast Notice to Mariners via marine Channel 16 (VHF-
FM) in advance of any enforcement.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, it has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive order 13771.
The Coast Guard has determined that this rulemaking is not a
significant regulatory action for the following reasons: (1) The safety
zone only impacts a small designated area of Lake Champlain, (2) the
safety zone will only be enforced when work equipment is present in the
navigable channel as a result of bridge removal and replacement
operations or if there is an emergency, (3) persons or vessels desiring
to enter the safety zone may do so with permission from the COTP
Northern New England or a designated representative. The Coast Guard
will notify the public of the enforcement of this rule via appropriate
means, such as via Local Notice to Mariners and Broadcast Notice to
Mariners via marine channel 16 (VHF-FM).
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A., this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (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.
[[Page 50505]]
C. Collection of Information
This temporary interim rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a temporary safety zone that will prohibit entry within a
50 yard radius from the center of the North Hero-Grand Isle Bridge
during its removal and replacement. Normally such actions are
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01.
A preliminary Record of Environmental Consideration for
Categorically Excluded Actions is available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
temporary interim 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.
VI. 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 TIR as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T01-0682 to read as follows:
Sec. 165.T01-0682 Safety Zone--North Hero-Grand Isle Bridge, Lake
Champlain, VT.
(a) Location. The following area is a safety zone: All navigable
waters on Lake Champlain, within a 50-yard radius of the center of the
North Hero-Grand Isle Bridge that spans Lake Champlain between North
Hero Island and Grand Isle in position 44[deg]45'57'' N,
073[deg]17'20'' W (NAD 83).
(b) Definitions. As used in this section:
(1) Designated representative means any Coast Guard commissioned,
warrant, petty officer, or any federal, state, or local law enforcement
officer who has been designated by the Captain of the Port (COTP)
Northern New England, to act on his or her behalf. The designated
representative may be on an official patrol vessel or may be on shore
and will communicate with vessels via VHF-FM radio or loudhailer. In
addition, members of the Coast Guard Auxiliary may be present to inform
vessel operators of this regulation.
(2) Official patrol vessels means any Coast Guard, Coast Guard
Auxiliary, state, or local law enforcement vessels assigned or approved
by the COTP Northern New England to enforce this section.
(c) Effective and enforcement period. This section is enforceable
24 hours a day from October 1, 2018, through September 1, 2022. When
enforced as deemed necessary by the Captain of the Port (COTP) Northern
New England, vessels and persons will be prohibited from entering this
safety zone unless granted permission from the COTP Northern New
England or the COTP's designated representative.
(d) Regulations. When this safety zone is enforced, the following
regulations, along with those contained in Sec. 165.23 apply:
[[Page 50506]]
(1) No person or vessel may enter or remain in this safety zone
without the permission of the Captain of the Port (COTP) Northern New
England or the COTP's designated representative. However, any vessel
that is granted permission to enter or remain in this zone by the COTP
or the COTP's designated representative must proceed through the zone
with caution and operate at a speed no faster than that speed necessary
to maintain a safe course, unless otherwise required by the Navigation
Rules.
(2) Any person or vessel permitted to enter the safety zone shall
comply with the directions and orders of the COTP or the COTP's
designated representative. Upon being hailed by a U.S. Coast Guard
vessel by siren, radio, flashing lights, or other means, the operator
of a vessel within the zone shall proceed as directed. Any person or
vessel within the safety zone shall exit the zone when directed by the
COTP or the COTP's designated representative.
(3) To obtain permission required by this regulation, individuals
may reach the COTP or the COTP's designated representative via Channel
16 (VHF-FM) or (207)741-5465 (Sector Northern New England Command
Center).
(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.
Dated: September 17, 2018.
B.G. LeFebvre,
Captain, U.S. Coast Guard, Captain of the Port, Sector Northern New
England.
[FR Doc. 2018-21867 Filed 10-5-18; 8:45 am]
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