Rule2022-18823
Safety Zone; North Hero-Grand Isle Bridge, Lake Champlain, VT
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
August 31, 2022
Effective
September 2, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is extending the effective period of the 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. This rules extends the effective period of the existing safety zone for an additional two years. The safety zone will now end on September 1, 2024. When enforced, this regulation will continue to prohibit entry of vessels or persons into the safety zone unless authorized by Captain of the Port for Sector Northern New England or a designated representative. 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.
Full Text
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<title>Federal Register, Volume 87 Issue 168 (Wednesday, August 31, 2022)</title>
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[Federal Register Volume 87, Number 168 (Wednesday, August 31, 2022)]
[Rules and Regulations]
[Pages 53377-53380]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18823]
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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 extending the effective period of the
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. This rules extends the effective period of the existing safety zone
for an additional two years. The safety zone will now end on September
1, 2024. When enforced, this regulation will continue to prohibit entry
of vessels or persons into the safety zone unless authorized by Captain
of the Port for Sector Northern New England or a designated
representative. 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.
DATES: This rule is effective from September 2, 2022, through September
1, 2024.
Comments and related material must be received by the Coast Guard
on or before October 31, 2022.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0682 using the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions 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#87dde6e4efe6f5fea9d5a9d0e2f3fde2ebc7f2f4e4e0a9eaeeeb"><span class="__cf_email__" data-cfemail="3b615a58535a49421569156c5e4f415e577b4e48585c15565257">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Northern New England
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
TIR Temporary Interim Rule
U.S.C. United States Code
II. Background Information and Regulatory History
On October 9, 2018, the Coast Guard published a temporary interim
rule (TIR) establishing a safety zone on the navigable waters within a
50 yard radius from the center of the North Hero-Grand Isle Bridge, on
Lake Champlain, VT for the North Hero-Grand Isle Bridge replacement
project (83 FR 50503). We received no comments on the published TIR. No
public meeting was requested and none was held. Construction on the
North Hero-Grand Isle Bridge began in October 2018.
The Coast Guard originally published this rule to be effective, and
enforceable, through September 1, 2022, but is extending it to
September 1, 2024, to complete all remaining contract operations in and
over Lake Champlain, including, but not limited to steel erection,
concrete bridge deck placements, installations of navigation lighting,
and removal of the original North Hero-Grand Isle Bridge. This rule
extends the effective period of the safety zone for two years until
September 1, 2024, due to delays of the North Hero-Grand Isle Bridge
replacement project.
The Captain of the Port Sector Northern New England (COTP) has
determined that the potential hazards associated with the bridge
replacement project will be a safety concern for anyone within a 50
yard radius from the center of the North Hero-Grand Isle Bridge, on
Lake Champlain, VT. No
[[Page 53378]]
vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative. If
the project is completed prior to September 1, 2024, 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 a NPRM with
respect to this rule because doing so would be impracticable and
contrary to the public interest. The Coast Guard will consider comments
in issuing a subsequent temporary interim rule or temporary final rule.
The notice allowing the construction project to proceed and
providing updated timelines for the project was only recently finalized
and provided to the Coast Guard, which did not give the Coast Guard
enough time to publish a NPRM, take public comments, and issue a final
rule before the existing regulation expires. Timely action is needed to
respond to the potential safety hazards associated with removal of the
original bridge and construction of a new replacement bridge. It would
be impracticable and contrary to the public interest to publish a NPRM
because we must extend the effective period of the safety zone as soon
as possible to protect the safety of the waterway users, construction
crew, and other personnel associated with the bridge project. A delay
of the project to accommodate a full notice and comment period would
delay necessary operations, result in increased costs, and delay the
completion date of the bridge project and subsequent reopening of the
North Hero-Grand Island Bridge for normal operations.
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 and contrary to the public interest
because timely action is needed to respond to the potential safety
hazards associated with the removal of the original bridge and
construction of a new replacement bridge. It would be impracticable and
contrary to the public interest to publish to delay effectiveness
because we must protect the safety of the waterway users, construction
crew, and other personnel associated with the bridge project.
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 COTP has determined that
potential hazards associated with this bridge construction, and removal
project that has already commenced, and will continue through September
1, 2024, will be a safety concern for anyone within the work zone. The
construction and removal of the bridge continues to be extremely
complex and presents many safety hazards including overhead crane
operations, overhead cutting operations, potential falling debris, and
barges positioned along the length of the bridge. In order to mitigate
the inherent risks involved with the removal of a bridge, and
installation of the new bridge, it is necessary to control vessel
movement through the area. The purpose of this TIR is to ensure the
safety of the waterway users, the public, and construction workers for
the duration of the new bridge construction and demolition. Heavy-lift
operations are sensitive to water movement, and wake from passing
vessels could pose significant risk of injury or death to construction
workers. In order to minimize such unexpected or uncontrolled movement
of water, any expeditous passage. No vessel may stop, moor, anchor, or
loiter within the safety zone at any time unless they are working on
the bridge construction operations. The rule is needed to protect
personnel, vessels, and the marine environment in the navigable waters
within the safety zone during the bridge construction project.
IV. Discussion of the Rule
This rule extends the effective period of the temporary interim
rule for the navigable waters of Lake Champlain, VT, surrounding the
North Hero-Grand Isle bridge for two additional years until September
1, 2024. There are no other changes to the regulatory text of this rule
as cited in 33 CFR 165.T01-0682. This rule will continue to prohibit
all persons and vessel traffic from the safety zone unless exceptions
are authorized by 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 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 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 above, this proposed 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 proposed rule. If the proposed 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
[[Page 53379]]
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. 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 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
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. 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. 1. A preliminary 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. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule. A Record of Environmental Consideration supporting this
determination is available in the docket. For instructions on locationg
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.
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.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2018-0682 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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. Amend Sec. 165.T01-0682 by revising paragraph (c) to read as
follows:
Sec. 165.T01-0682 Safety Zone; North Hero-Grand Isle Bridge, Lake
Champlain, VT.
* * * * *
(c) Effective and enforcement period. This section is effective
from September 2, 2022, through September 1, 2024, and
[[Page 53380]]
subject to enforcement 24 hours a day. When enforced, as deemed
necessary by the COTP, vessels and persons will be prohibited from
entering the safety zone unless granted permission from the COTP or the
COTP's designated representative.
* * * * *
Dated: August 26, 2022.
A.E. Florentino,
Captain, U.S. Coast Guard, Captain of the Port Northern New England.
[FR Doc. 2022-18823 Filed 8-30-22; 8:45 am]
BILLING CODE 9110-04-P
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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.