Rule2022-12615
Safety Zone; Falls Bridge Project, Blue Hill, ME
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 13, 2022
Effective
July 1, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for the navigable waters within a 50-yard radius from the center of the Falls Bridge in Blue Hill, ME. This action is necessary to protect personnel, vessels, and marine environment from potential hazards created by the demolition, subsequent removal, and replacement of the Falls Bridge. 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.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 113 (Monday, June 13, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 113 (Monday, June 13, 2022)]
[Rules and Regulations]
[Pages 35654-35656]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12615]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0134]
RIN 1625-AA00
Safety Zone; Falls Bridge Project, Blue Hill, ME
AGENCY: Coast Guard, Department of Homeland Security (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 of the
Falls Bridge in Blue Hill, ME. This action is necessary to protect
personnel, vessels, and marine environment from potential hazards
created by the demolition, subsequent removal, and replacement of the
Falls Bridge. 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 from July 1, 2022, through June 30, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2022-0134 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Chief Marine Science Technician Zachary Wetzel, Waterways
Management Division, Sector Northern New England, U.S. Coast Guard;
telephone 207-347-5003, email <a href="/cdn-cgi/l/email-protection#356f54565d54474c1b671b6250414f505975404656521b585c59"><span class="__cf_email__" data-cfemail="6c360d0f040d1e15423e423b09181609002c191f0f0b42010500">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Northern New England
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On January 6, 2022, the Maine Department of Transportation notified
Sector Northern New England of an upcoming construction project on the
Falls Bridge in Blue Hill, ME. In response, on April 22, 2022, the
Coast Guard published a notice of purposed rulemaking (NPRM) titled
``Safety Zone; Falls Bridge Project, Blue Hill, ME'' (87 FR 24088).
There we stated why we issued the NPRM, and invited comments on our
proposed regulatory action related to this construction project. During
the comment period that ended May 23, 2022, 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. The comment period for the NPRM
associated with the Falls Bridge in Blue Hill, ME, Bridge replacement
project ended on May 23, 2022. The construction project is scheduled to
begin on July 1, 2022. Thus, there is now insufficient time for a 30
day effective period before the need to enforce the safety zone on July
1, 2022. The Maine Department of Transportation has awarded the job to
a contractor and work is ready to begin. Delaying the enforcement of
this safety zone to allow a 30 day effective period
[[Page 35655]]
will be impractical and contrary to the public interest because it
would inhibit the Coast Guard's ability to fulfill its mission to keep
the ports and waterways safe.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Northern New
England (COTP) has determined that potential hazards associated with
the bridge construction from July 1, 2022, through June 30, 2024, will
be a safety concern for anyone within a 50-yard radius of the bridge.
The purpose of this rule is to ensure safety of vessels and the
navigable waters in the safety zone during bridge construction.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one comment on our NPRM published April
22, 2022. The comment was in favor of the rule. 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 July 1, 2022, through June
30, 2024. The safety zone will cover all navigable waters within 50
yards of the Falls Bridge located in Blue Hill, Maine. The duration of
the zone is intended to ensure the safety of vessels and these
navigable waters during bridge replacement. No vessel or person will be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative.
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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size and
location of the safety zone. The safety zone would only impact a 50-
yard radius from the center of the Falls Bridge in Blue Hill, ME. Local
waterway use is normally recreational and public outreach performed by
Maine Department of Transportation has not identified any commercial
vessel use. Proper public notice of enforcement will be given through
appropriate means, which may include, but are not limited to,
publication in the Local Notice to Mariners and Broadcast Notice to
Mariners via VHF-FM marine channel 16.
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 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 above, 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
call or email 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 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.
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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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
establishing a safety zone that would be enforced 24 hours a day from
July 1, 2022, through June 30, 2024, that would prohibit entry within a
50-yard radius from the center of the Falls Bridge in Blue Hill, ME. It
is categorically
[[Page 35656]]
excluded from further review under paragraph L60(a) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of
Environmental Consideration supporting this determination is available
in the docket. For instructions on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T01-0134 to read as follows:
Sec. 165.T01-0134 Safety Zone; Falls Bridge Project, Blue Hill, ME.
(a) Locations. The following area is a safety zone: All navigable
waters, from surface to bottom, within a 50-yard radius from the center
of the Falls Bridge in Blue Hill, ME.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Northern New England (COTP) in the enforcement of
the safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative via VHF-FM marine channel 16 or by contacting the Coast
Guard Sector Northern New England Command Center at (207) 741-5465.
Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
(d) Enforcement period. This section is effective from July 1,
2022, through June 30, 2024, and subject to enforcement 24 hours a day.
The Coast Guard will use Broadcast Notice to Mariners and Local Notice
to Mariners to notify the public of this safety zone.
Dated: June 6, 2022.
A.E. Florentino,
Captain, U.S. Coast Guard, Captain of the Port Northern New England.
[FR Doc. 2022-12615 Filed 6-10-22; 8:45 am]
BILLING CODE 9110-04-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on June 13, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.