Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations 44075 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–0791] 

RIN 1625–AA00 

Safety Zone; Weskeag River, South 

Thomaston, ME 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

the navigable waters within 50-yards of 

either side of the Route 73 Weskeag 

Bridge, at mile 0.1 on the Weskeag 

River, in South Thomaston, Maine. The 

safety zone is necessary to protect 

personnel, vessels, and the marine 

environment from the potential hazards 

created by the demolition, subsequent 

removal, and replacement of the Route 

73 Weskeag Bridge. When enforced, this 

regulation prohibits entry of vessels or 

people into the safety zone unless 

authorized by the Captain of the Port 

(COTP), Sector Northern New England 

or a designated representative. 

DATES: This rule is effective from 

October 1, 2017 through December 1, 

2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2017– 

0791 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 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On July 27, 2017, Sector Northern 

New England was made aware of the 

Route 73 Weskeag Bridge replacement 

project, which spans the Weskeag River 

in South Thomaston, Maine. The COTP 

Sector Northern New England has 

determined that the potential hazards 

associated with the bridge replacement 

project will be a safety concern for 

anyone within the work area. 

The project is scheduled to begin on 

October 1, 2017 and be completed by 

December 1, 2017. During this project, 

removal and replacement of the bridge 

will take place. No vessel or person will 

be permitted to enter the safety zone 

without obtaining permission from the 

COTP or a designated representative. 

The safety zone will be enforced during 

different periods during the bridge 

demolition or when other hazards to 

navigation arise during the new bridge 

construction. The Coast Guard will 

issue a Broadcast Notice to Mariners via 

marine channel 16 (VHF–FM) 24 hours 

in advance to any period of enforcement 

or as soon as practicable in response to 

an emergency. If the project is 

completed prior to December 1, 2017, 

enforcement of the safety zone will be 

suspended and notice given via 

Broadcast Notice to Mariners. 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing an 

NPRM with respect to this rule because 

doing so would be impracticable and 

contrary to the public interest. The late 

finalization of project details did not 

give the Coast Guard enough time to 

publish an NPRM, take public 

comments, and issue a final rule before 

the construction work is set to begin. It 

would be impracticable and contrary to 

the public interest to delay 

promulgating this rule as it is necessary 

to respond to the potential safety 

hazards associated with the bridge 

replacement project beginning on 

October 1, 2017. 

We are issuing this rule, and under 5 

U.S.C. 553(d)(3), the Coast Guard finds 

that good cause exists for making it 

effective less than 30 days after 

publication in the Federal Register. For 

reasons stated in the preceding 

paragraph, delaying the implementation 

of this rule would be impractical. 

III. Legal Authority and Need for Rule 

The legal basis for this temporary rule 

is 33 U.S.C. 1231. The COTP Sector 

Northern New England has determined 

that potential hazards associated with 

the bridge replacement project starting 

on October 1, 2017 and continuing 

through December 1, 2017 will be a 

safety concern for anyone within the 

work zone. This rule is needed to 

protect personnel, vessels, and the 

marine environment within the safety 

zone while the bridge replacement 

project is completed. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from October 1, 2017 through December 

1, 2017. The safety zone will cover all 

navigable waters from surface to bottom 

of 50 yards to either side of the Weskeag 

Bridge. The duration of the zone is 

intended to protect people, vessels, and 

the marine environment in these 

navigable waters during the bridge 

replacement project. When enforced, no 

vessel or person will be permitted to 

enter the safety zone without obtaining 

permission from the COTP or a 

designated representative. 

The Coast Guard will notify the 

public and local mariners of this safety 

zone through appropriate means, which 

may include, but are not limited to, 

publication in the Federal Register, the 

Local Notice to Mariners, and Broadcast 

Notice to Mariners via marine Channel 

16 (VHF–FM) in advance of any 

scheduled enforcement period. The 

regulatory text we are enforcing appears 

at the end of this document. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. This rule has not 

been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866. Accordingly, it has not 

been reviewed by the Office of 

Management and Budget (OMB), and 

pursuant to OMB guidance it is exempt 

from the requirements of Executive 

order 13771. 

The Coast Guard has determined that 

this rulemaking is not a significant 

regulatory action for the following 

reasons: (1) The safety zone only 


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44076 Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations 

impacts a small designated area of the 

Weskeag River, (2) the zone will only be 

enforced when work equipment will be 

placed in the navigable channel during 

removal and replacement of the bridge 

or if necessitated by an emergency, (3) 

persons or vessels desiring to enter the 

safety zone may do so with permission 

from the COTP Sector Northern New 

England or a designated representative. 

The Coast Guard will notify the public 

of the enforcement of this rule via 

appropriate means, such as via Local 

Notice to Mariners and Broadcast Notice 

to Mariners. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in section V.A., this rule 

will not have a significant economic 

impact on any vessel owner or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Public Law 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 will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which 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 

temporary safety zone that will prohibit 

entry within 50 yards of the Weskeag 

Bridge during its removal and 

replacement. It is categorically excluded 

from further review under paragraph 

34(g) of Figure 2–1 of the Commandant 

Instruction. A Record of Environmental 

Consideration for Categorically 

Excluded Actions will be 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.T01–0791 to read as 

follows: 

§ 165.T01–0791 Safety Zone—Route 73 

Weskeag Bridge, Weskeag River, South 

Thomaston, ME. 

(a) Location. The following area is a 

safety zone. All navigable waters of the 

Weskeag River, ME within a 50-yard 

radius of the Route 73 Weskeag Bridge 

that spans the Weskeag River in South 

Thomaston, ME in position 44°03′06′′ N, 

069°07′33′′ W (NAD 83). 

(b) Effective and enforcement period. 

This rule will be effective on October 1, 

2017, through December 1, 2017, but 

will only be enforced during removal 

and replacement of the Route 73 

Weskeag Bridge or other instances 

which may cause a hazard to navigation, 

when deemed necessary by the Captain 

of the Port (COTP), Northern New 

England. 

(c) 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 this safety zone without the 

permission of the Captain of the Port 


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Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations 44077 

(COTP) or a COTP representative. 

However, any vessel that is granted 

permission by the COTP or a COTP 

representative must proceed through the 

area with caution and operate at a speed 

no faster than that speed necessary to 

maintain a safe course, unless otherwise 

required by the Navigation Rules. 

(2) Any person or vessel permitted to 

enter the safety zone shall comply with 

the directions and orders of the COTP 

or a COTP representative. Upon being 

hailed by a U.S. Coast Guard vessel by 

siren, radio, flashing lights, or other 

means, the operator of a vessel within 

the zone shall proceed as directed. Any 

person or vessel within the safety zone 

shall exit the zone when directed by the 

COTP or a COTP representative. 

(3) To obtain permissions required by 

this regulation, individuals may reach 

the COTP or a COTP representative via 

Channel 16 (VHF–FM) or (207) 741– 

5465 (Sector Northern New England 

Command Center). 

(d) Penalties. Those who violate this 

section are subject to the penalties set 

forth in 33 U.S.C. 1232. 

(e) 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. 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. 

(f) COTP representative. A COTP 

representative may be any Coast Guard 

commissioned, or petty officer or any 

federal, state, or local law enforcement 

officer who has been designated by the 

COTP to act on the COTP’s behalf. A 

COTP representative may be on a Coast 

Guard vessel, a Coast Guard Auxiliary 

vessel, a state or local law enforcement 

vessel, or a location on shore. 

Dated: September 15, 2017. 

M.A. Baroody, 

Captain, U.S. Coast Guard, Captain of the 

Port, Sector Northern New England. 

[FR Doc. 2017–20068 Filed 9–20–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–0731] 

RIN 1625–AA00 

Safety Zone; Mississippi River, New 

Orleans, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters on the Mississippi 

River between mile marker (MM) 96.0 

and MM 96.5. This action is necessary 

to provide for the safety of life on these 

navigable waters near New Orleans, LA, 

during a fireworks display. Entry of 

vessels or persons into this safety zone 

is prohibited unless authorized by the 

Captain of the Port Sector New Orleans 

(COTP) or a designated representative. 

DATES: This rule is effective from 7:50 

p.m. to 8:50 p.m. on October 28, 2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2017– 

0731 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 proposed 

rulemaking, call or email Lieutenant 

Commander (LCDR) Howard Vacco, 

Sector New Orleans, U.S. Coast Guard; 

at (504) 365–2281, email 

Howard.K.Vacco@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Sector New 

Orleans 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard preceded this final 

rule with a Notice of Proposed 

Rulemaking (NPRM). The NPRM was 

published in the Federal Register on 

August 23, 2017, (82 FR 39972). We 

invited comments on our proposed 

regulatory action related to work on 

power lines extending over the 

Mississippi River in New Orleans, LA. 

The NPRM listed dates and times of 

enforcement of the safety zone. During 

the comment period that ended 

September 7, 2017, we received one 

comment. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 1231. The 

Captain of the Port Sector New Orleans 

(COTP) has determined that potential 

hazards associated with the fireworks 

display from 7:50 p.m. to 8:50 p.m. on 

October 28, 2017 will present a safety 

concern for all navigable waters on the 

Mississippi River from mile marker 

(MM) 96.0 and MM 96.5. The purpose 

of this rule is to ensure safety of life and 

vessels on the navigable waters in the 

safety zone before, during, and after the 

scheduled event. 

IV. Discussion of Comments, Changes, 

and the Rule 

During the comment period, one 

comment was received. The commenter 

made a general statement that he or she 

was against ‘‘safe spaces’’. The 

commenter did not indicate if he or she 

was against the proposed safety zone or 

the reasons for it. There are no changes 

in the regulatory text of this rule from 

the proposed rule in the NPRM. 

The rule establishes a safety zone 

from 7:50 p.m. through 8:50 p.m. on 

October 28, 2017. The safety zone 

would cover all navigable waters 

between MM 96.0 and 96.5 on the 

Mississippi River in New Orleans, LA. 

The duration of the zone is intended to 

ensure the safety of life and vessels on 

these navigable waters before, during, 

and after the scheduled fireworks 

display. Entry into this safety zone is 

prohibited 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. 

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, this rule has 


asabaliauskas on DSKBBXCHB2PROD with RULES