Safety Zone; Barters Island Bridge, Back River, Barters Island, ME, 63059-63061 [2018-26578]
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Federal Register / Vol. 83, No. 235 / Friday, December 7, 2018 / Rules and Regulations
of Condition and Income on which the
prior Financing Corporation assessment
had been based.
(2) Amendments to call reports.
Amendments to an institution’s
Consolidated Reports of Condition and
Income for quarters prior to and
including the fourth quarter of 2018
shall not affect an institution’s
Financing Corporation assessments after
March 26, 2019.
(3) June 2019 assessment. In the event
Financing Corporation assessments are
collected in June 2019, amendments to
an institution’s first quarter 2019
Consolidated Reports of Condition and
Income that are submitted after June 25,
2019 shall not affect the institution’s
Financing Corporation assessment.
Dated: November 26, 2018.
Melvin L. Watt,
Director, Federal Housing Finance Agency.
BILLING CODE 8070–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0843]
RIN 1625–AA00
Safety Zone; Barters Island Bridge,
Back River, Barters Island, ME
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
the navigable waters within a 50 yard
radius from the center point of the
Barters Island Bridge, on the Back River,
ME, approximately 4.6 miles north of
the mouth of the waterway. The safety
zone is necessary to protect personnel,
vessels, and the marine environment
from potential hazards which could
pose as imminent hazard to persons and
vessels operating in the area created by
the demolition, subsequent removal,
and replacement of the Barters Island
Bridge and a temporary bridge. When
enforced, persons and vessels are
prohibited from being in the safety zone
during bridge replacement operations
unless authorized by the Captain of the
Port Northern New England or a
designated representative.
DATES: This rule is effective without
actual notice from December 7, 2018
through January 31, 2021. For the
purposes of enforcement, actual notice
will be used from December 1, 2018
through December 7, 2018.
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SUMMARY:
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I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
MEDOT Maine Department of
Transportation
[FR Doc. 2018–26449 Filed 12–6–18; 8:45 am]
ACTION:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0843 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 about this
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.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
II. Background, Purpose, and Legal
Basis
On April 27, 2018, the Maine
Department of Transportation (MEDOT)
applied for a bridge construction permit
for Barter’s Island Bridge with the Coast
Guard. On June 22, 2018, the Coast
Guard issued Public Notice 1–164,
published it on the USCG Navigation
Center website, and solicited comments
through July 23, 2018. Three comments
were received in response to the public
notice: One commenter requested the
project be stopped if any human
remains, archaeological properties or
other items of historical importance are
unearthed and we report the findings. A
second commenter notified us this
project will not affect any Penobscot
cultural/historic properties or interests
and had no objection. A third
commenter stated that Tennessee Gas
Pipeline currently does not have
facilities within the area. There were no
statements of objection.
On August 22, 2018, MEDOT
requested by letter that the Coast Guard
impose waterway restrictions on the
Back River around the Barters Island
Bridge between Hodgdon Island and
Barters Island in Boothbay Harbor in
support of the bridge improvements.
The project includes the replacement of
the swing span of the bridge and the
existing center pier. A temporary fixed
bridge will be used to maintain vehicle
traffic during construction of the new
bridge. The temporary fixed bridge will
reduce the vertical clearance of the
channel to 6.8 feet mean high water
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63059
(MHW) from approximately November
1, 2019 through May 31, 2020. On or
about June 1, 2020, the new swing
bridge is expected to be operating with
unlimited clearance in the open
position. The anticipated date for
removal of the temporary bridge is
August 2020. A bridge protection
system and bridge lighting will be
installed as part of the new bridge.
Captain of the Port (COTP) Northern
New England has determined that
hazards associated with the bridge
replacement project will be a safety
concern for anyone within a 50-yard
radius from the center point of the
Barters Island bridge. It is anticipated
that the Back River will be closed
because of this safety zone for a total of
85 non-continuous days.
On October 9, 2018, the Coast Guard
published a notice of proposed
rulemaking (NPRM) titled ‘‘Safety
Zones; Barters Island Bridge, Back
River, Barters Island, ME’’ (83 FR
50545). 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 November 8, 2018, we
received one comment.
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 demolition, subsequent
removal, and replacement of the Barters
Island Bridge and a temporary bridge.
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 demolition,
subsequent removal, and replacement of
the Barters Island Bridge and a
temporary bridge will be a safety
concern for anyone transiting within a
50 yard radius of the center point of the
Barters Island Bridge. The purpose of
this rule is to ensure safety of vessels
and the navigable waters in the safety
zone before, during, and after the bridge
demolition, removal, and replacement.
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.
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Federal Register / Vol. 83, No. 235 / Friday, December 7, 2018 / Rules and Regulations
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received one
comment on our NPRM published
October 9, 2018. The comment was not
related to this rulemaking nor does it
fall within the scope of this rulemaking.
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 December 1, 2018
through 11:59 p.m. on January 31, 2021.
While the safety zone would be effective
throughout this period, it would only be
enforced during operations on
replacement of the Barters Island
Bridge. The safety zone would include
all navigable waters from surface to
bottom within a 50 yard radius from the
center point of the Barters Island Bridge
on the Back River, 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 duration
of the zone is intended to ensure the
safety of vessels and these navigable
waters before, during, and after
operations on replacement of the Barters
Island Bridge. 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.
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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.
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This regulatory action determination
is based on the following reasons: (1)
The safety zone only impacts a small
designated area of Back River, (2) the
safety zone will only be enforced during
certain construction activities
necessitating a full waterway closure for
safety purposes, which is only
anticipated to occur on 85 days over a
two year period, or if there is an
emergency, (3) persons or vessels
desiring to enter the safety zone may do
so with permission from the COTP
Northern New England or a designated
representative, (4) the Coast Guard will
notify the public of the enforcement of
this rule via appropriate means, such as
via Local Notice to Mariners and
Broadcast Notice to Mariners via marine
Channel 16 (VHF–FM).
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard 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. 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).
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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
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 rule involves a safety
zone that would prohibit entry within a
50 yards radius from the center point of
the Barters Island Bridge during its
removal and replacement over an
approximately two year period. 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
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Federal Register / Vol. 83, No. 235 / Friday, December 7, 2018 / Rules and Regulations
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 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.T01–0843 to read as
follows:
■
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§ 165.T01–0843 Safety Zone; Barters
Island Bridge, Back River, Barters Island,
ME.
(a) Location. The following area is a
safety zone: All navigable waters on
Back River, within a 50-yard radius of
the center point of the Barters Island
Bridge that spans Back River between
Barters Island and Hodgdon Island in
position 43°52′51″ N, 069°40′19″ W
(NAD 83).
(b) Definitions. As used in this
section:
Designated representative means any
Coast Guard commissioned, warrant,
petty officer, or any federal, state, or
local law enforcement officer who has
been designated by the Captain of the
Port (COTP) Northern New England, to
act on his or her behalf. The designated
representative may be on an official
patrol vessel or may be on shore and
will communicate with vessels via
VHF–FM radio or loudhailer. In
addition, members of the Coast Guard
Auxiliary may be present to inform
vessel operators of this regulation.
Official patrol vessels means any
Coast Guard, Coast Guard Auxiliary,
state, or local law enforcement vessels
assigned or approved by the COTP
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Northern New England to enforce this
section.
(c) Effective and enforcement period.
This rule is effective without actual
notice from December 7, 2018 through
11:59 p.m. on January 31, 2021. For the
purposes of enforcement, actual notice
will be used from 12:01 a.m. on
December 1, 2018 through December 7,
2018. This rule will only be enforced
during operations on replacement of the
Barters Island Bridge 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. The general
regulations contained in § 165.23, as
well as the following regulations, apply:
(1) No person or vessel may enter or
remain in this safety zone without the
permission of the COTP or the COTP’s
designated representative.
(2) To obtain permission required by
this regulation, individuals may reach
the COTP or the COTP’s designated
representative via Channel 16 (VHF–
FM) or (207) 741–5465 (Sector Northern
New England Command Center).
(3) During periods of enforcement,
any person or vessel permitted to enter
the safety zone shall comply with the
directions and orders of the COTP or the
COTP’s designated representative.
(4) During periods of enforcement,
upon being hailed by a U.S. Coast Guard
vessel by siren, radio, flashing lights, or
other means, the operator of a vessel
within the zone must proceed as
directed. Any person or vessel within
the safety zone shall exit the zone when
directed by the COTP or the COTP’s
designated representative.
Dated: November 30, 2018.
B.J. LeFebvre,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Northern New England.
[FR Doc. 2018–26578 Filed 12–6–18; 8:45 am]
BILLING CODE 9110–04–P
LIBRARY OF CONGRESS
Copyright Office
37 CFR Parts 201, 203, and 210
[Docket No. 2018–10]
Notices of Intention and Statements of
Account Under Compulsory License
To Make and Distribute Phonorecords
of Musical Works
U.S. Copyright Office, Library
of Congress.
ACTION: Interim rule with request for
comments.
AGENCY:
PO 00000
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63061
The U.S. Copyright Office is
issuing interim regulations pursuant to
the Musical Works Modernization Act,
title I of the recently enacted Orrin G.
Hatch–Bob Goodlatte Music
Modernization Act. This interim rule
amends the Office’s existing regulations
pertaining to the compulsory license to
make and distribute phonorecords of
musical works so as to conform the
existing regulations to the new law,
including with respect to the operation
of notices of intention and statements of
account, and to make other minor
technical updates. To be clear, this
interim rule is generally directed at the
present transition period before a
blanket license is offered by a
mechanical licensing collective and
does not include regulatory updates that
may be required in connection with the
future offering of that blanket license;
such updates will be the subject of
future rulemakings. These regulations
are issued on an interim basis with
opportunity for public comment to
avoid delay in making these necessary
updates and clarifications and because
they are technical in nature. The Office
welcomes comment on these interim
regulations.
DATES: The effective date of the interim
regulations is December 7, 2018. Written
comments must be received no later
than 11:59 p.m. Eastern Time on
January 22, 2019.
ADDRESSES: For reasons of government
efficiency, the Copyright Office is using
the regulations.gov system for the
submission and posting of public
comments in this proceeding. All
comments are therefore to be submitted
electronically through regulations.gov.
Specific instructions for submitting
comments are available on the
Copyright Office’s website at https://
www.copyright.gov/rulemaking/mma115-techamend/. If electronic
submission of comments is not feasible
due to lack of access to a computer
and/or the internet, please contact the
Office using the contact information
below for special instructions.
FOR FURTHER INFORMATION CONTACT:
Regan A. Smith, General Counsel and
Associate Register of Copyrights, by
email at regans@copyright.gov, Steve
Ruwe, Assistant General Counsel, by
email at sruwe@copyright.gov, or Jason
E. Sloan, Assistant General Counsel, by
email at jslo@copyright.gov. Each can be
contacted by telephone by calling (202)
707–8350.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
On October 11, 2018, the president
signed into law the Orrin G. Hatch–Bob
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]]>Agencies
[Federal Register Volume 83, Number 235 (Friday, December 7, 2018)]
[Rules and Regulations]
[Pages 63059-63061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26578]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0843]
RIN 1625-AA00
Safety Zone; Barters Island Bridge, Back River, Barters Island,
ME
AGENCY: Coast Guard, DHS.
ACTION: 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 Barters Island Bridge, on the Back River, ME, approximately 4.6
miles north of the mouth of the waterway. The safety zone is necessary
to protect personnel, vessels, and the marine environment from
potential hazards which could pose as imminent hazard to persons and
vessels operating in the area created by the demolition, subsequent
removal, and replacement of the Barters Island Bridge and a temporary
bridge. When enforced, persons and vessels are prohibited from being in
the safety zone during bridge replacement operations unless authorized
by the Captain of the Port Northern New England or a designated
representative.
DATES: This rule is effective without actual notice from December 7,
2018 through January 31, 2021. For the purposes of enforcement, actual
notice will be used from December 1, 2018 through December 7, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0843 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 about this
rulemaking, call or email LT Matthew Odom, Waterways Management
Division, U.S. Coast Guard Sector Northern New England, telephone 207-
347-5015, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
MEDOT Maine Department of Transportation
II. Background, Purpose, and Legal Basis
On April 27, 2018, the Maine Department of Transportation (MEDOT)
applied for a bridge construction permit for Barter's Island Bridge
with the Coast Guard. On June 22, 2018, the Coast Guard issued Public
Notice 1-164, published it on the USCG Navigation Center website, and
solicited comments through July 23, 2018. Three comments were received
in response to the public notice: One commenter requested the project
be stopped if any human remains, archaeological properties or other
items of historical importance are unearthed and we report the
findings. A second commenter notified us this project will not affect
any Penobscot cultural/historic properties or interests and had no
objection. A third commenter stated that Tennessee Gas Pipeline
currently does not have facilities within the area. There were no
statements of objection.
On August 22, 2018, MEDOT requested by letter that the Coast Guard
impose waterway restrictions on the Back River around the Barters
Island Bridge between Hodgdon Island and Barters Island in Boothbay
Harbor in support of the bridge improvements. The project includes the
replacement of the swing span of the bridge and the existing center
pier. A temporary fixed bridge will be used to maintain vehicle traffic
during construction of the new bridge. The temporary fixed bridge will
reduce the vertical clearance of the channel to 6.8 feet mean high
water (MHW) from approximately November 1, 2019 through May 31, 2020.
On or about June 1, 2020, the new swing bridge is expected to be
operating with unlimited clearance in the open position. The
anticipated date for removal of the temporary bridge is August 2020. A
bridge protection system and bridge lighting will be installed as part
of the new bridge. Captain of the Port (COTP) Northern New England has
determined that hazards associated with the bridge replacement project
will be a safety concern for anyone within a 50-yard radius from the
center point of the Barters Island bridge. It is anticipated that the
Back River will be closed because of this safety zone for a total of 85
non-continuous days.
On October 9, 2018, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled ``Safety Zones; Barters Island Bridge, Back
River, Barters Island, ME'' (83 FR 50545). 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
November 8, 2018, we received one comment.
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 demolition,
subsequent removal, and replacement of the Barters Island Bridge and a
temporary bridge.
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 demolition, subsequent removal, and
replacement of the Barters Island Bridge and a temporary bridge will be
a safety concern for anyone transiting within a 50 yard radius of the
center point of the Barters Island Bridge. The purpose of this rule is
to ensure safety of vessels and the navigable waters in the safety zone
before, during, and after the bridge demolition, removal, and
replacement. 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.
[[Page 63060]]
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one comment on our NPRM published
October 9, 2018. The comment was not related to this rulemaking nor
does it fall within the scope of this rulemaking. 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 December 1,
2018 through 11:59 p.m. on January 31, 2021. While the safety zone
would be effective throughout this period, it would only be enforced
during operations on replacement of the Barters Island Bridge. The
safety zone would include all navigable waters from surface to bottom
within a 50 yard radius from the center point of the Barters Island
Bridge on the Back River, 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 duration of the zone is intended to ensure the
safety of vessels and these navigable waters before, during, and after
operations on replacement of the Barters Island Bridge. 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, 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 following
reasons: (1) The safety zone only impacts a small designated area of
Back River, (2) the safety zone will only be enforced during certain
construction activities necessitating a full waterway closure for
safety purposes, which is only anticipated to occur on 85 days over a
two year period, or if there is an emergency, (3) persons or vessels
desiring to enter the safety zone may do so with permission from the
COTP Northern New England or a designated representative, (4) the Coast
Guard will notify the public of the enforcement of this rule via
appropriate means, such as via Local Notice to Mariners and Broadcast
Notice to Mariners via marine Channel 16 (VHF-FM).
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard 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. 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 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 rule involves a safety zone that would prohibit entry
within a 50 yards radius from the center point of the Barters Island
Bridge during its removal and replacement over an approximately two
year period. 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
[[Page 63061]]
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 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.T01-0843 to read as follows:
Sec. 165.T01-0843 Safety Zone; Barters Island Bridge, Back River,
Barters Island, ME.
(a) Location. The following area is a safety zone: All navigable
waters on Back River, within a 50-yard radius of the center point of
the Barters Island Bridge that spans Back River between Barters Island
and Hodgdon Island in position 43[deg]52'51'' N, 069[deg]40'19'' W (NAD
83).
(b) Definitions. As used in this section:
Designated representative means any Coast Guard commissioned,
warrant, petty officer, or any federal, state, or local law enforcement
officer who has been designated by the Captain of the Port (COTP)
Northern New England, to act on his or her behalf. The designated
representative may be on an official patrol vessel or may be on shore
and will communicate with vessels via VHF-FM radio or loudhailer. In
addition, members of the Coast Guard Auxiliary may be present to inform
vessel operators of this regulation.
Official patrol vessels means any Coast Guard, Coast Guard
Auxiliary, state, or local law enforcement vessels assigned or approved
by the COTP Northern New England to enforce this section.
(c) Effective and enforcement period. This rule is effective
without actual notice from December 7, 2018 through 11:59 p.m. on
January 31, 2021. For the purposes of enforcement, actual notice will
be used from 12:01 a.m. on December 1, 2018 through December 7, 2018.
This rule will only be enforced during operations on replacement of the
Barters Island Bridge 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. The general regulations contained in Sec. 165.23,
as well as the following regulations, apply:
(1) No person or vessel may enter or remain in this safety zone
without the permission of the COTP or the COTP's designated
representative.
(2) To obtain permission required by this regulation, individuals
may reach the COTP or the COTP's designated representative via Channel
16 (VHF-FM) or (207) 741-5465 (Sector Northern New England Command
Center).
(3) During periods of enforcement, any person or vessel permitted
to enter the safety zone shall comply with the directions and orders of
the COTP or the COTP's designated representative.
(4) During periods of enforcement, upon being hailed by a U.S.
Coast Guard vessel by siren, radio, flashing lights, or other means,
the operator of a vessel within the zone must proceed as directed. Any
person or vessel within the safety zone shall exit the zone when
directed by the COTP or the COTP's designated representative.
Dated: November 30, 2018.
B.J. LeFebvre,
Captain, U.S. Coast Guard, Captain of the Port, Sector Northern New
England.
[FR Doc. 2018-26578 Filed 12-6-18; 8:45 am]
BILLING CODE 9110-04-P
