Safety Zone; Saugus River, Lynn, MA, 79363-79366 [E8-30761]
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79363
Federal Register / Vol. 73, No. 249 / Monday, December 29, 2008 / Rules and Regulations
regulation for January through March
2009.
The interest assumptions prescribed
under the asset allocation regulation
(found in Appendix B to Part 4044) are
used for the valuation of benefits for
allocation purposes under ERISA
section 4044, and for other purposes.
When used in conjunction with the
mortality tables specified in Appendix
A to Part 4044, these interest
assumptions are intended to produce
benefit values that match as closely as
possible the prices charged by insurers
in the private-sector group annuity
market to annuitize comparable
benefits. See 70 FR 72205 (December 2,
2005) (preamble to final rule adopting
more current mortality tables); 58 FR
5128 (January 19, 1993) (preamble to
proposed rule amending PBGC’s
valuation regulations).
As explained in the preamble to the
2005 amendment (at 70 FR 72205),
PBGC determines prices in the privatesector group annuity market based on
quarterly surveys of insurers conducted
for PBGC by the American Council of
Life Insurers (ACLI). Using those
surveys, PBGC derives interest factors
that, when combined with PBGC’s
mortality assumptions, provide the best
fit for the average market prices
obtained from the ACLI surveys.
PBGC’s practice has been to
recalibrate its interest factors each
January based on the two most recent
ACLI surveys and subsequent changes
in the yield on long-term corporate
investment-grade bonds. Between the
annual recalibrations, PBGC has used
this corporate bond market data to make
monthly adjustments to the interest
factors.
The recent turmoil in the financial
markets has prompted PBGC to further
examine its current practice. Based on
an examination of historical data, PBGC
has concluded that (1) increasing the
frequency of the recalibrations from
annually to quarterly and (2) basing the
interest factors on the ACLI surveys
alone can be expected to provide a
better fit for average group annuity
market prices than current practice.
The recalibration reflected in this rule
and future quarterly recalibrations will
be based on an averaging of the prices
from the two most recent ACLI surveys.
The interest factors so determined will
remain in effect for three months—in
this rule, from January through March of
2009.
Accordingly, this amendment adds to
Appendix B to Part 4044 the interest
assumptions for valuing benefits for
allocation purposes in plans with
valuation dates during January,
February, and March 2009. The interest
assumptions that PBGC will use for
these purposes (set forth in Appendix B
to part 4044) will be 6.02 percent for the
first 20 years following the valuation
date and 5.48 percent thereafter. These
interest assumptions represent a
decrease (from those in effect for
December 2008) of 1.90 percent for the
first 20 years following the valuation
date and 1.51 percent for all years
thereafter.
PBGC has determined that notice and
public comment on this amendment are
impracticable and contrary to the public
interest. This finding is based on the
need to determine and issue new
interest assumptions promptly so that
the assumptions can reflect current
market conditions as accurately as
possible.
Because of the need to provide
immediate guidance for the valuation of
benefits in plans with valuation dates
during January 2009, PBGC finds that
good cause exists for making the
assumptions set forth in this
amendment effective less than 30 days
after publication.
PBGC has determined that this action
is not a ‘‘significant regulatory action’’
under the criteria set forth in Executive
Order 12866.
Because no general notice of proposed
rulemaking is required for this
amendment, the Regulatory Flexibility
Act of 1980 does not apply. See 5 U.S.C.
601(2).
List of Subjects in 29 CFR Part 4044
Employee benefit plans, Pension
insurance, Pensions.
■ In consideration of the foregoing, 29
CFR part 4044 is amended as follows:
PART 4044—ALLOCATION OF
ASSETS IN SINGLE-EMPLOYER
PLANS
1. The authority citation for part 4044
continues to read as follows:
■
Authority: 29 U.S.C. 1301(a), 1302(b)(3),
1341, 1344, 1362.
2. In appendix B to part 4044, new
entries for January, February, and March
2009, as set forth below, are added to
the table.
■
Appendix B to Part 4044—Interest
Rates Used to Value Benefits
*
*
*
*
*
The values of it are:
For valuation dates occurring in the month—
for t =
it
*
*
*
*
January 2009 ............................................................................................
February 2009 ..........................................................................................
March 2009 ...............................................................................................
1 Not
*
1–20
1–20
1–20
0.0602
0.0602
0.0602
it
for t =
it
for t =
*
0.548
0.548
0.548
*
>20
>20
>20
(1)
(1)
(1)
(1)
(1)
(1)
applicable.
dwashington3 on PROD1PC60 with RULES
Issued in Washington, DC, on this 19th day
of December 2008.
Vincent K. Snowbarger,
Deputy Director for Operations, Pension
Benefit Guaranty Corporation
[FR Doc. E8–30768 Filed 12–24–08; 8:45 am]
DEPARTMENT OF HOMELAND
SECURITY
ACTION: Interim rule with request for
comments.
Coast Guard
BILLING CODE 7708–01–P
[Docket No. USCG–2008–1026]
SUMMARY: The Coast Guard is creating a
safety zone for a portion of the Saugus
River in Lynn, Massachusetts as
requested by the Massachusetts
Highway Department (MHD), to allow
for vital repair work to commence on
the Route 107/Fox Hill Bridge during
the winter and spring months. This zone
is necessary to protect mariners from the
potential hazards associated with the
33 CFR Part 165
RIN 1625–AA00
Safety Zone; Saugus River, Lynn, MA
AGENCY:
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Federal Register / Vol. 73, No. 249 / Monday, December 29, 2008 / Rules and Regulations
work being conducted by the
Commonwealth of Massachusetts in
making critical repairs to the bridge
while it is closed to transiting vessels
and vehicular traffic.
DATES: This interim rule is effective
December 14, 2008 through May 15,
2009. Comments and related material
must reach the Docket Management
Facility on or before January 28, 2009.
ADDRESSES: You may submit comments
identified by docket number USCG–
2008–1026 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these methods. For instructions
on submitting comments, see the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this interim rule,
call Chief Eldridge McFadden,
Waterways Management at 617–223–
3000. If you have questions on viewing
or submitting material to the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
dwashington3 on PROD1PC60 with RULES
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change, to https://
www.regulations.gov and will include
any personal information you have
provided.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2008–1026),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online, or by fax, mail or hand
delivery, but please use only one of
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these means. We recommend that you
include your name and a mailing
address, an e-mail address, or a phone
number in the body of your document
so that we can contact you if we have
questions regarding your submission.
To submit your comment online, go to
https://www.regulations.gov, select the
Advanced Docket Search option on the
right side of the screen, insert ‘‘USCG–
2008–1026’’ in the Docket ID box, press
Enter, and then click on the balloon
shape in the Actions column. If you
submit your comments by mail or hand
delivery, submit them in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying and electronic
filing. If you submit them by mail and
would like to know that they reached
the Facility, please enclose a stamped,
self-addressed postcard or envelope. We
will consider all comments and material
received during the comment period
and may change this rule based on your
comments.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, select the
Advanced Docket Search option on the
right side of the screen, insert USCG–
2008–1026 in the Docket ID box, press
Enter, and then click on the item in the
Docket ID column. You may also visit
either the Docket Management Facility
in Room W12–140 on the ground floor
of the Department of Transportation
West Building, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays;
or United States Coast Guard Sector
Boston, 427 Commercial St, Boston, MA
02109 between 7 a.m. and 3 p.m.,
Monday through Friday, except Federal
holidays. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008 issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one to the Docket Management
Facility at the address under ADDRESSES
explaining why one would be
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beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
Regulatory Information
The Coast Guard is issuing this
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
notice of proposed rulemaking (NPRM)
with respect to this rule, because it is in
the best interest of the public to protect
against the potential hazards associated
with the bridge repair work to be
conducted on the Route 107/Fox Hill
Bridge. Further, the logistics with
respect to that repair work were neither
settled, nor provided, to the Coast Guard
with sufficient time to draft and publish
an NPRM, as such it would be
impractical to delay the effective date of
this rule as delaying the effective date
would limit our ability to prevent, to the
extent practicable, the exposure of
members of the public to the hazards
associated with the bridge repair work.
For the same reasons, 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.
Background and Purpose
A meeting between the Coast Guard,
local lobstermen, local marina
operators, lobster purchasing agents,
and the bridge owner, MHD, was held
on September 10, 2008. The owner of
the bridge presented engineering
evidence of the poor condition of the
bridge and the need to perform major
bridge repairs during the winter months.
It was concluded that in order to keep
the bridge operating safely and reliably
until the major repairs can commence,
the number of bridge openings must be
reduced to save wear and tear on the
mechanical components. A temporary
deviation from standard bridge
operation was deemed necessary in
order to insure that the bridge continues
to operate in a safe reliable manner until
the major repairs can be made. No
objection to the proposed temporary
deviation schedule was voiced by
interested parties. In rulemaking
supporting that decision, the Coast
Guard published a temporary change to
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dwashington3 on PROD1PC60 with RULES
the Saugus Drawbridge Operation
regulations (USCG–2008–0969) in the
Federal Register on October 15, 2008
(73 FR 60954) allowing a deviation of
the drawbridge operating guidelines.
This regulation, effective from October
15, 2008 through December 15, 2008,
allows the bridge to remain closed,
opening on signal only on the half hour
and hour.
In addition, the long-term repairs may
only take place by closing the bridge to
both vehicular and vessel traffic, and
removing portions of the bridge for
work. Massachusetts Highway
Department must bring in a large crane
barge in order to conduct work on the
bridge. This barge will be crossing the
river, effectively restricting the use of
the river. Frequently moving the barge
to allow vessel traffic to pass is contrary
to the public interest as it would further
delay the bridge repairs well into the
summer months, which are the primary
boating and fishing seasons in
Massachusetts. In order the assist the
local lobstermen, MHD proposed to
install a temporary dock system on the
downstream of the existing bridge to
mitigate the impacts of closing the
bridge and blocking the channel with a
large work barge. During the meeting the
lobstermen indicated that the proposed
dates for the bridge closure and
waterway restriction along with the
installation of a temporary dock system
would be a good compromise that
would satisfy their needs and still allow
the rehabilitation bridge repairs to be
completed late May 2009.
An additional meeting between the
Coast Guard, town officials,
harbormaster and MHD took place on
December 4, 2008, at which time the
MHD agreed to work with affected
waterway users to remove the crane
barge restricting the waterway on no
more than six occasions during the
repair process to allow vessels that are
able to pass beneath the bridge while in
a closed position to do so.
least six occasions allowing vessel
traffic which may do so to pass beneath
the closed bridge, the Captain of the
Port anticipates minimal negative
impact on vessel traffic. Public
notifications will be made prior to and
during the effective period via Local and
Broadcast Notice to Mariners.
Discussion of Rule
This rule is effective from midnight
on December 14, 2008 through midnight
on May 15, 2009. The rule establishes a
safety zone extending 50 yards upriver
from 107/Fox Hill Bridge in the Saugus
River in Lynn, Massachusetts. While
this safety zones has the practical effect
of closing that portion of the waters,
because (1) Recreational boating traffic
is limited this particular time of year, (2)
the MHD has made alternate mooring
and docking arrangements for the
fishermen which typically dock on the
up river side of the bridge, and (3) MHD
will remove the crane barge restricting
waterway access under the bridge on at
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
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.
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Regulatory Analyses
We developed this interim rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
The Coast Guard expects the
economic impact of this rule to be so
minimal that a full Regulatory
Evaluation is unnecessary. Although
this rule may prevent traffic from
transiting a portion of the Saugus River
during the bridge repairs, the effect of
this rule will not be significant for
several reasons: Alternate arrangements
for the offload and mooring of fishing
vessels have been made, recreational
boaters typically have their boats out of
the water at this time of year in order
to protect them from winter icing, MHD
will remove the crane barge restricting
waterway access on at least six
occasions as requested by a waterway
users (during which times vessel
operators may request permission to
transit through the safety zone
promulgated by this rule), and
continued notifications will be made to
the local maritime community by
broadcast and local notice to mariners.
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79365
This rule will affect the following
entities, some of which may be small
entities: The owners or operators of
fishing and recreational vessels
intending to transit or anchor in a
portion of the Saugus River from
midnight December 14, 2008 through
midnight on May 15, 2009. This closure
will not have a significant economic
impact on a substantial number of small
entities for the reasons described under
the Regulatory Planning and Review
section.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
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.
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
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Federal Register / Vol. 73, No. 249 / Monday, December 29, 2008 / Rules and Regulations
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 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.
Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
dwashington3 on PROD1PC60 with RULES
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
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require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 5100.1 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f). Based
on our analysis we have determined that
the action to establish this safety zone
is included in the category of actions
that the Coast Guard has determined
will not result in significant individual
or cumulative effects on the human
environment. In addition, we have
concluded that there are no
extraordinary circumstances in this case
that would limit the use of a categorical
exclusion as described under section
2.B.2 of the Instruction. Therefore, this
rule is categorically excluded, under
figure 2–1, paragraph (34)(g), of the
Instruction, from further environmental
analysis and documentation.
An environmental analysis checklist
and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES. The Coast Guard will
review this environmental evaluation in
light of any comments received in
response to this notice.
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:
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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. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T01–1026 to read as
follows:
■
§ 165.T01–1026 Safety Zones; Saugus
River, Lynn, Massachusetts.
(a) Location. The following area is a
safety zone: All waters from surface to
bottom of the Saugus River for 50 yards
on the upriver side of the Route 107/Fox
Hill Bridge.
(b) Enforcement Period. This rule will
be enforced from midnight on December
14, 2008 until midnight on May 15,
2009.
(c) Definitions. Designated
representative, as used in this section,
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 (COTP).
(d) Regulations. (1) In accordance
with the general regulations in 165.23 of
this part, entry into or movement within
this zone by any person or vessel is
prohibited unless authorized by the
Captain of the Port (COTP) Boston or the
COTP’s designated representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP.
(3) Vessel operators desiring to enter
or operate within the safety zone must
contact the COTP via VHF channel 16
or 617–223–3201 to obtain permission
to do so. Vessel operators given
permission to enter or operate in the
safety zone must comply with all
directions given to them by the COTP.
Dated: December 10, 2008.
Claudia C. Gelzer,
Commander, U.S. Coast Guard, Acting
Captain of the Port Boston.
[FR Doc. E8–30761 Filed 12–24–08; 8:45 am]
BILLING CODE 4910–15–P
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]]>Agencies
[Federal Register Volume 73, Number 249 (Monday, December 29, 2008)]
[Rules and Regulations]
[Pages 79363-79366]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30761]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-1026]
RIN 1625-AA00
Safety Zone; Saugus River, Lynn, MA
AGENCY: Coast Guard, DHS.
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is creating a safety zone for a portion of the
Saugus River in Lynn, Massachusetts as requested by the Massachusetts
Highway Department (MHD), to allow for vital repair work to commence on
the Route 107/Fox Hill Bridge during the winter and spring months. This
zone is necessary to protect mariners from the potential hazards
associated with the
[[Page 79364]]
work being conducted by the Commonwealth of Massachusetts in making
critical repairs to the bridge while it is closed to transiting vessels
and vehicular traffic.
DATES: This interim rule is effective December 14, 2008 through May 15,
2009. Comments and related material must reach the Docket Management
Facility on or before January 28, 2009.
ADDRESSES: You may submit comments identified by docket number USCG-
2008-1026 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these methods. For
instructions on submitting comments, see the ``Public Participation and
Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section
below.
FOR FURTHER INFORMATION CONTACT: If you have questions on this interim
rule, call Chief Eldridge McFadden, Waterways Management at 617-223-
3000. If you have questions on viewing or submitting material to the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to https://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-1026), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online, or by fax, mail or hand delivery, but please use only one of
these means. We recommend that you include your name and a mailing
address, an e-mail address, or a phone number in the body of your
document so that we can contact you if we have questions regarding your
submission.
To submit your comment online, go to https://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2008-1026'' in the Docket ID box, press Enter,
and then click on the balloon shape in the Actions column. If you
submit your comments by mail or hand delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change this rule
based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert USCG-2008-1026 in the Docket ID box, press Enter, and
then click on the item in the Docket ID column. You may also visit
either the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays; or United States Coast
Guard Sector Boston, 427 Commercial St, Boston, MA 02109 between 7 a.m.
and 3 p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
Regulatory Information
The Coast Guard is issuing this 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 notice of proposed rulemaking (NPRM)
with respect to this rule, because it is in the best interest of the
public to protect against the potential hazards associated with the
bridge repair work to be conducted on the Route 107/Fox Hill Bridge.
Further, the logistics with respect to that repair work were neither
settled, nor provided, to the Coast Guard with sufficient time to draft
and publish an NPRM, as such it would be impractical to delay the
effective date of this rule as delaying the effective date would limit
our ability to prevent, to the extent practicable, the exposure of
members of the public to the hazards associated with the bridge repair
work.
For the same reasons, 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.
Background and Purpose
A meeting between the Coast Guard, local lobstermen, local marina
operators, lobster purchasing agents, and the bridge owner, MHD, was
held on September 10, 2008. The owner of the bridge presented
engineering evidence of the poor condition of the bridge and the need
to perform major bridge repairs during the winter months. It was
concluded that in order to keep the bridge operating safely and
reliably until the major repairs can commence, the number of bridge
openings must be reduced to save wear and tear on the mechanical
components. A temporary deviation from standard bridge operation was
deemed necessary in order to insure that the bridge continues to
operate in a safe reliable manner until the major repairs can be made.
No objection to the proposed temporary deviation schedule was voiced by
interested parties. In rulemaking supporting that decision, the Coast
Guard published a temporary change to
[[Page 79365]]
the Saugus Drawbridge Operation regulations (USCG-2008-0969) in the
Federal Register on October 15, 2008 (73 FR 60954) allowing a deviation
of the drawbridge operating guidelines. This regulation, effective from
October 15, 2008 through December 15, 2008, allows the bridge to remain
closed, opening on signal only on the half hour and hour.
In addition, the long-term repairs may only take place by closing
the bridge to both vehicular and vessel traffic, and removing portions
of the bridge for work. Massachusetts Highway Department must bring in
a large crane barge in order to conduct work on the bridge. This barge
will be crossing the river, effectively restricting the use of the
river. Frequently moving the barge to allow vessel traffic to pass is
contrary to the public interest as it would further delay the bridge
repairs well into the summer months, which are the primary boating and
fishing seasons in Massachusetts. In order the assist the local
lobstermen, MHD proposed to install a temporary dock system on the
downstream of the existing bridge to mitigate the impacts of closing
the bridge and blocking the channel with a large work barge. During the
meeting the lobstermen indicated that the proposed dates for the bridge
closure and waterway restriction along with the installation of a
temporary dock system would be a good compromise that would satisfy
their needs and still allow the rehabilitation bridge repairs to be
completed late May 2009.
An additional meeting between the Coast Guard, town officials,
harbormaster and MHD took place on December 4, 2008, at which time the
MHD agreed to work with affected waterway users to remove the crane
barge restricting the waterway on no more than six occasions during the
repair process to allow vessels that are able to pass beneath the
bridge while in a closed position to do so.
Discussion of Rule
This rule is effective from midnight on December 14, 2008 through
midnight on May 15, 2009. The rule establishes a safety zone extending
50 yards upriver from 107/Fox Hill Bridge in the Saugus River in Lynn,
Massachusetts. While this safety zones has the practical effect of
closing that portion of the waters, because (1) Recreational boating
traffic is limited this particular time of year, (2) the MHD has made
alternate mooring and docking arrangements for the fishermen which
typically dock on the up river side of the bridge, and (3) MHD will
remove the crane barge restricting waterway access under the bridge on
at least six occasions allowing vessel traffic which may do so to pass
beneath the closed bridge, the Captain of the Port anticipates minimal
negative impact on vessel traffic. Public notifications will be made
prior to and during the effective period via Local and Broadcast Notice
to Mariners.
Regulatory Analyses
We developed this interim rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
The Coast Guard expects the economic impact of this rule to be so
minimal that a full Regulatory Evaluation is unnecessary. Although this
rule may prevent traffic from transiting a portion of the Saugus River
during the bridge repairs, the effect of this rule will not be
significant for several reasons: Alternate arrangements for the offload
and mooring of fishing vessels have been made, recreational boaters
typically have their boats out of the water at this time of year in
order to protect them from winter icing, MHD will remove the crane
barge restricting waterway access on at least six occasions as
requested by a waterway users (during which times vessel operators may
request permission to transit through the safety zone promulgated by
this rule), and continued notifications will be made to the local
maritime community by broadcast and local notice to mariners.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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.
This rule will affect the following entities, some of which may be
small entities: The owners or operators of fishing and recreational
vessels intending to transit or anchor in a portion of the Saugus River
from midnight December 14, 2008 through midnight on May 15, 2009. This
closure will not have a significant economic impact on a substantial
number of small entities for the reasons described under the Regulatory
Planning and Review section.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
[[Page 79366]]
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 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.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 5100.1 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). Based on our analysis
we have determined that the action to establish this safety zone is
included in the category of actions that the Coast Guard has determined
will not result in significant individual or cumulative effects on the
human environment. In addition, we have concluded that there are no
extraordinary circumstances in this case that would limit the use of a
categorical exclusion as described under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental analysis and documentation.
An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES. The Coast Guard will review this environmental evaluation in
light of any comments received in response to this notice.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T01-1026 to read as follows:
Sec. 165.T01-1026 Safety Zones; Saugus River, Lynn, Massachusetts.
(a) Location. The following area is a safety zone: All waters from
surface to bottom of the Saugus River for 50 yards on the upriver side
of the Route 107/Fox Hill Bridge.
(b) Enforcement Period. This rule will be enforced from midnight on
December 14, 2008 until midnight on May 15, 2009.
(c) Definitions. Designated representative, as used in this
section, 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 (COTP).
(d) Regulations. (1) In accordance with the general regulations in
165.23 of this part, entry into or movement within this zone by any
person or vessel is prohibited unless authorized by the Captain of the
Port (COTP) Boston or the COTP's designated representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP.
(3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP via VHF channel 16 or 617-223-3201 to obtain
permission to do so. Vessel operators given permission to enter or
operate in the safety zone must comply with all directions given to
them by the COTP.
Dated: December 10, 2008.
Claudia C. Gelzer,
Commander, U.S. Coast Guard, Acting Captain of the Port Boston.
[FR Doc. E8-30761 Filed 12-24-08; 8:45 am]
BILLING CODE 4910-15-P
