Safety Zone; The Gut, South Bristol, ME, 57322-57324 [2018-24899]

Download as PDF 57322 Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Rules and Regulations specifies the location of the regulated area for the Santa Spectacular Fireworks. Entry into the regulated area is prohibited unless authorized by the Captain of the Port Marine Safety Unit Pittsburgh (COTP) or a designated representative. Persons or vessels desiring to enter into or pass through the regulated area must request permission from the COTP or a designated representative. They can be reached on VHF FM channel 16. If permission is granted, all persons and vessels shall comply with the instructions of the COTP or designated representative. In addition to this notice of enforcement in the Federal Register, the COTP or a designated representative will inform the public through Broadcast Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), Marine Safety Information Bulletins (MSIBs), and/or through other means of public notice as appropriate at least 24 hours in advance of enforcement. A.W. Demo, Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit Pittsburgh. [FR Doc. 2018–24900 Filed 11–14–18; 8:45 am] BILLING CODE 9110–04–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. Temporary final rule. AGENCY: ACTION: 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 khammond on DSK30JT082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:25 Nov 14, 2018 Jkt 247001 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 § 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. PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 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 E:\FR\FM\15NOR1.SGM 15NOR1 Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Rules and Regulations 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). khammond on DSK30JT082PROD with RULES 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. VerDate Sep<11>2014 16:25 Nov 14, 2018 Jkt 247001 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 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 57323 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: E:\FR\FM\15NOR1.SGM 15NOR1 57324 Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Rules and Regulations 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: ■ khammond on DSK30JT082PROD with RULES § 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°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 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 § 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 VerDate Sep<11>2014 16:25 Nov 14, 2018 Jkt 247001 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 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 51 and 52 [EPA–HQ–OAR–2003–0064; FRL–9986–47– OAR] RIN 2060–AP80 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR): Aggregation; Reconsideration Environmental Protection Agency (EPA). ACTION: Final action; lifting of administrative stay and announcement of effective date. AGENCY: In this action, the Environmental Protection Agency (EPA) is concluding the reconsideration of an earlier action that the EPA published on January 15, 2009, titled ‘‘Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Aggregation and Project Netting.’’ The 2009 action—hereafter referred to as ‘‘2009 NSR Aggregation Action’’—clarified implementation of the New Source Review (NSR) permitting program under the Clean Air Act (CAA or Act) with respect to treating related physical or operational changes as a single ‘‘modification’’ for the purpose of determining NSR applicability at a stationary source. On SUMMARY: PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 April 15, 2010, the EPA proposed to revoke the 2009 NSR Aggregation Action. After a review of the public comments received on that proposal, the EPA has now decided to not revoke the 2009 NSR Aggregation Action. The EPA is, therefore, retaining the interpretation set forth in the 2009 NSR Aggregation Action, while not adopting any changes to the relevant rule text. At the same time, the EPA is using this present action to clarify the implications of the 2009 NSR Aggregation Action for EPAapproved permitting programs. This action also lifts the administrative stay and announces the effective date of the 2009 NSR Aggregation Action. This action is effective on November 15, 2018. DATES: The EPA has established a docket for this action, identified by Docket ID No. EPA–HQ–OAR–2003– 0064. All documents in the docket are listed in the http://www.regulations.gov website. Although listed in the index, some information may not be publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy. Publicly available docket materials are available electronically in http:// www.regulations.gov. ADDRESSES: For further general information on this action, contact Mr. Dave Svendsgaard, Office of Air Quality Planning and Standards (OAQPS), Air Quality Policy Division, U.S. EPA, Mail Code 504–03, 109 T.W. Alexander Drive, Research Triangle Park, NC 27711; by telephone at (919) 541–2380; or by email at svendsgaard.dave@epa.gov. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: I. General Information A. Does this action apply to me? Entities potentially affected directly by this action include sources in all industry categories. Entities potentially affected by this action also include state, local and tribal air pollution control agencies (air agencies) responsible for permitting sources pursuant to the NSR program. B. Where can I get a copy of this document and other related information? In addition to being available in the docket, an electronic copy of this Federal Register document will be posted at https://www.epa.gov/nsr. E:\FR\FM\15NOR1.SGM 15NOR1

Agencies

[Federal Register Volume 83, Number 221 (Thursday, November 15, 2018)]
[Rules and Regulations]
[Pages 57322-57324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 
[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 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