Regulated Navigation Area; S99 Alford Street Bridge Rehabilitation Project, Mystic River, MA, 73916-73919 [2012-30005]
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Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Rules and Regulations
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2012–29901 Filed 12–11–12; 8:45 am]
BILLING CODE 6750–01–C
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–1125]
emcdonald on DSK67QTVN1PROD with
RIN 1625–AA11
Regulated Navigation Area; S99 Alford
Street Bridge Rehabilitation Project,
Mystic River, MA
Coast Guard, DHS.
Temporary interim rule with
request for comments.
AGENCY:
ACTION:
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The Coast Guard is reinstating
a regulated navigation area (RNA) that
was promulgated to protect the public
against hazardous conditions created by
repair work on the S99 Alford Street
Bridge across the Mystic River between
Boston and Chelsea, Massachusetts. The
original RNA terminates on November
30, 2012 and must be reinstated because
repair work is continuing beyond that
date. This rule promotes the Coast
Guard’s maritime safety and
stewardship missions.
DATES: This rule is effective in the CFR
on December 12, 2012. This rule is
effective with actual notice for purposes
of enforcement from 11:59 p.m. on
November 30, 2012, through December
31, 2014. Public comments will be
accepted and reviewed by the Coast
Guard through December 31, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2011–1125. To view documents
mentioned in this preamble as being
SUMMARY:
PO 00000
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available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ Box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with the
rulemaking. You may also visit 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.
If
you have questions on this temporary
rule, call or email Mr. Mark Cutter,
Coast Guard Sector Boston Waterways
Management Division, telephone 617–
223–4000, email
Mark.E.Cutter@uscg.mil; or Lieutenant
Isaac Slavitt, Coast Guard First District
Waterways Management Branch,
telephone 617–223–8385, email
Isaac.M.Slavitt@uscg.mil. If you have
questions on viewing the docket, call
FOR FURTHER INFORMATION CONTACT:
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ER12DE12.013
73916
Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Rules and Regulations
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port
emcdonald on DSK67QTVN1PROD with
A. 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.
As this temporary interim rule will be
in effect before the end of the comment
period, the Coast Guard will evaluate
and revise this rule as necessary to
address significant public comments.
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2011–1125),
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 (via https://
www.regulations.gov) or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online via
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand deliver, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an email address,
or a telephone 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, type the
docket number (USCG–2012–1125) in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
Comment’’ on the line associated with
this rulemaking.
If you submit 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
comments by mail and would like to
know that they reached the Facility,
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15:22 Dec 11, 2012
Jkt 229001
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.
2. 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, type the
docket number ‘‘USCG–2012–1125’’ in
the ‘‘SEARCH’’ box and click ‘‘Search.’’
Click and Open Docket Folder on the
line associated with this rulemaking.
You may also visit 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. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
3. 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).
4. Public Meeting
The Coast Guard does not currently
plan to hold public meetings. However,
a public meeting may be requested by
using one of the methods specified
under ADDRESSES. Please explain why
you believe such a public meeting
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.
B. Regulatory Information
This is the second temporary interim
rule with request for comments issued
by the Coast Guard to establish a
regulated navigation area in connection
with the S99 Alford Street Bridge
rehabilitation over the main channel of
the Mystic River between Boston and
Chelsea, Massachusetts. The first rule
was published in the Federal Register
on January 9, 2012 (77 FR 1020). We
received no public comments on the
first rule.
The Coast Guard is issuing this
second rule without prior Federal
Register notice pursuant to authority
under section 4(a) of the Administrative
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73917
Procedure Act (APA), 5 U.S.C. 553(b).
This provision authorizes an agency to
issue a rule without prior notice 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 has good cause to find that
publishing a notice of proposed
rulemaking (NPRM) for this second rule,
and taking public comment on that
NPRM, would be both impracticable
and contrary to the public interest. The
repair work that necessitated the first
rule has not been completed on
schedule and therefore the hazardous
conditions that gave rise to the need for
RNA protective measures continue.
Expiration of the first RNA on
November 30, 2012 leaves no time for
notice and comment procedures if both
the repair work and RNA protective
measures are to remain in place after
that date. Temporarily stopping
necessary repair work would
impracticably delay the resumption of
normal traffic patterns and raise
construction costs, contrary to the
public interest. To some extent, it is also
unnecessary to follow normal notice
and comment practice with respect to
this RNA, because the affected public
can clearly see that the bridge repair
work and that work’s associated hazards
continue, and anyone who wishes to
comment on the need for or the terms
of the RNA may at any time submit
comments to the Coast Guard, and the
Coast Guard will respond to those
comments.
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.
C. Basis and Purpose
Under the Ports and Waterways Safety
Act, the Coast Guard has the authority
to establish RNAs in defined water areas
that are determined to have hazardous
conditions and in which vessel traffic
can be regulated in the interest of safety.
See 33 U.S.C. 1231 and Department of
Homeland Security Delegation No.
0170.1.
The purpose of this temporary interim
rule and request for comments is to keep
in place and extend the regulated
navigation area that was the subject of
the Coast Guard temporary interim rule
and request for comments published in
the Federal Register on January 9, 2012
in order to ensure the safe transit of
vessels in the area and to protect all
persons, vessels, and the marine
environment during the rehabilitation
project of the S99 Alford Street Bridge.
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Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Rules and Regulations
D. Discussion of Rule
This rule reinstates a regulated
navigation area that was promulgated to
protect the public against hazardous
conditions created by repair work on the
S99 Alford Street Bridge across the
Mystic River between Boston and
Chelsea, Massachusetts. The original
RNA took effect with actual notice on
December 27, 2011, was the subject of
a temporary interim rule and request for
comments published in the Federal
Register on January 9, 2012, and expires
by its own terms at 11:59 p.m. on
November 30, 2012. However, the repair
work is continuing beyond that date and
therefore the RNA must be reinstated to
extend the RNA’s protective measures
for the duration of that work. This new
temporary interim rule and request for
comments makes no substantive
changes in the RNA.
E. Regulatory Analyses
We developed this 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.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) Executive Order 12866 or
under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under that
Order. We expect the economic impact
of this rule to be minimal because the
amount of traffic in this waterway is
extremely limited. Furthermore, the
Captain of the Port has the ability to
suspend the provisions of this
regulation when necessary.
emcdonald on DSK67QTVN1PROD with
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended
requires federal agencies to consider the
potential impact of regulations on small
entitles during rulemaking. The Coast
Guard certifies under 5 U.S.C. 605(b)
that this rule would not have a
significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities some of which may be small
entities: The owners or operators of
marinas, businesses (such as waterside
restaurants), and vessels who intend to
transit in the Mystic River beneath the
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S99 Alford Street Bridge during the
effective period.
This regulation may have some
impact on the public, but the potential
impact will be minimized for the
following reasons: this action only
serves to reinstate an RNA that is
already in place and for which no
public comments were received. Many
parties that have the potential to be
affected have been involved in the
discussions and have made plans to
work around the closure times. We will
use appropriate means to inform the
public before, during, and at the
conclusion of any RNA enforcement
period.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
4. 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).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on 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
determined that it does not have
implications for federalism.
6. 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.
7. 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
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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 expenditure, we
do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. 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.
10. 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.
11. 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.
12. Energy Effects
This action is not a ‘‘Significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. 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
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that this action is one
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Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Rules and Regulations
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
modification of an existing regulated
navigation area. This rule is
categorically excluded from further
review under, paragraph 34(g) of figure
2–1 of the Commandant Instruction. An
environmental analysis checklist and a
categorical exclusion determination are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
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. 1226, 1231; 46 U.S.C.
Chapter 701, 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.T01–1130 to read as
follows:
■
emcdonald on DSK67QTVN1PROD with
§ 165.T01–1130 Regulated Navigation
Area; S99 Alford Street Bridge rehabilitation
project, Mystic River, MA
(a) Location. The following area is a
Regulated Navigation Area (RNA): All
navigable waters of the Mystic River
between Boston and Chelsea, MA, from
surface to bottom, within 100 yards of
any point on the S99 Alford Street
Bridge.
(b) Regulations. (1) The general
regulations contained in 33 CFR 165.10,
165.11, and 165.13 apply in addition to
those provisions outlined below.
(2) In accordance with the general
regulations, entry into or movement
within this zone, during periods of
enforcement, is prohibited unless
authorized by Captain of the Port
(COTP) Sector Boston.
(3) All persons and vessels must
comply with all directions given to
them by the COTP Sector Boston or the
on-scene representative. The ‘‘on-scene
representative’’ of the COTP is any
Coast Guard commissioned, warrant or
petty officer who has been designated
by the COTP to act on the COTP’s
behalf. The on-scene representative may
be on a Coast Guard vessel or other
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designated craft, or may be on shore and
will communicate with vessels via
VHF–FM radio or loudhailer. Members
of the Coast Guard Auxiliary may be
present to inform vessel operators of
this regulation.
(4) Upon being hailed by a U.S. Coast
Guard vessel by siren, radio, flashing
light or other means, the operator of the
vessel must proceed as directed.
(5) Notwithstanding any other
provisions in this regulation, the
movement of official, emergency vessels
within the regulated area is permitted
provided that the contractor is notified
in order to remove potential hazards or
obstructions.
(6) All other relevant regulations,
including but not limited to the Rules of
the Road (33 CFR subchapter E, Inland
Navigational Rules) remain in effect
within the regulated area and must be
strictly followed at all times.
(c) Enforcement period. (1) This
regulated navigation area is enforceable
24 hours a day from 11:59 p.m. on
November 30, 2012 through December
31, 2014.
(2) The COTP Sector Boston will
cause notice of enforcement, suspension
of enforcement, or closure of the
waterway to be made by all appropriate
means to achieve the widest distribution
among the affected segments of the
public. Such means of notification may
include but are not limited to Broadcast
Notice to Mariners, Local Notice to
Mariners and Marine Safety Information
Bulletins. Such notification will include
the date and time that enforcement is
suspended as well as the date and time
that enforcement will resume.
(3) Report violations of this regulated
navigation area to the COTP Sector
Boston, at (617) 223–5757 or on VHFChannel 16.
Dated: November 29, 2012.
D.B. Abel,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2012–30005 Filed 12–11–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF THE INTERIOR
National Park Service
[NPS–YELL–11802; PPWONRADE2,
PMP00EI05.YP0000]
36 CFR Part 7
RIN 1024–AE10
Special Regulations; Areas of the
National Park System, Yellowstone
National Park
AGENCY:
PO 00000
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Frm 00023
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ACTION:
73919
Final rule.
This rule implements the
amended Record of Decision for the
2011 Winter Use Plan/Environmental
Impact Statement and governs winter
visitation and certain recreational
activities in Yellowstone National Park
for the 2012–2013 winter season. The
rule retains, for one additional year, the
regulation and management framework
that have been in place for the past three
winter seasons (2009–2010, 2010–2011,
and 2011–2012). Specifically, the rule
retains provisions that require most
recreational snowmobiles operating in
the park to meet certain National Park
Service air and sound emissions
requirements; requires snowmobiles and
snowcoaches in Yellowstone to be
accompanied by a commercial guide;
sets daily entry limits on the numbers
of snowmobiles (up to 318) and
snowcoaches (up to 78) that may enter
the park; and prohibits traveling off
designated oversnow routes.
DATES: This rule is effective December
15, 2012.
FOR FURTHER INFORMATION CONTACT:
Wade Vagias, Management Assistant’s
Office, Headquarters Building,
Yellowstone National Park, 307–344–
2035.
SUMMARY:
SUPPLEMENTARY INFORMATION:
Background
The National Park Service (NPS) has
managed winter use in Yellowstone
National Park for several decades. A
detailed history of the winter use issue,
past planning efforts, and litigation is
provided on the park’s Web site,
https://www.nps.gov/yell/parkmgmt/
timeline.htm. The park has most
recently operated under a temporary
one-year rule (76 FR 77131). That rule
extended for one winter season the daily
entry limits and operational
requirements for snowmobiles and
snowcoaches adopted by the 2009
interim plan, which had been in effect
for the prior two winter seasons, but the
authorizations of snowmobile and
snowcoach use expired by their own
terms on March 15, 2012.
On July 5, 2011, the NPS published a
proposed long-term rule to implement
the preferred alternative identified in
the Draft Winter Use Plan/
Environmental Impact Statement (DEIS)
(76 FR 39048). Under that alternative,
the NPS proposed providing four
different use-level combinations for
snowmobiles and snowcoaches, which
would vary according to a seasonal
schedule. The NPS had intended to
issue a record of decision and finalize
a long-term rule for Yellowstone winter
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Agencies
[Federal Register Volume 77, Number 239 (Wednesday, December 12, 2012)]
[Rules and Regulations]
[Pages 73916-73919]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30005]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-1125]
RIN 1625-AA11
Regulated Navigation Area; S99 Alford Street Bridge
Rehabilitation Project, Mystic River, MA
AGENCY: Coast Guard, DHS.
ACTION: Temporary interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is reinstating a regulated navigation area
(RNA) that was promulgated to protect the public against hazardous
conditions created by repair work on the S99 Alford Street Bridge
across the Mystic River between Boston and Chelsea, Massachusetts. The
original RNA terminates on November 30, 2012 and must be reinstated
because repair work is continuing beyond that date. This rule promotes
the Coast Guard's maritime safety and stewardship missions.
DATES: This rule is effective in the CFR on December 12, 2012. This
rule is effective with actual notice for purposes of enforcement from
11:59 p.m. on November 30, 2012, through December 31, 2014. Public
comments will be accepted and reviewed by the Coast Guard through
December 31, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2011-1125. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' Box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with the rulemaking. You may also
visit 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email Mr. Mark Cutter, Coast Guard Sector
Boston Waterways Management Division, telephone 617-223-4000, email
Mark.E.Cutter@uscg.mil; or Lieutenant Isaac Slavitt, Coast Guard First
District Waterways Management Branch, telephone 617-223-8385, email
Isaac.M.Slavitt@uscg.mil. If you have questions on viewing the docket,
call
[[Page 73917]]
Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-
9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port
A. 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.
As this temporary interim rule will be in effect before the end of
the comment period, the Coast Guard will evaluate and revise this rule
as necessary to address significant public comments.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2011-1125), 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 (via https://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via www.regulations.gov, it will be considered received
by the Coast Guard when you successfully transmit the comment. If you
fax, hand deliver, or mail your comment, it will be considered as
having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an email address, or a telephone 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,
type the docket number (USCG-2012-1125) in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit 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 comments 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.
2. 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,
type the docket number ``USCG-2012-1125'' in the ``SEARCH'' box and
click ``Search.'' Click and Open Docket Folder on the line associated
with this rulemaking. You may also visit 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. We have an agreement with the Department of Transportation to
use the Docket Management Facility.
3. 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).
4. Public Meeting
The Coast Guard does not currently plan to hold public meetings.
However, a public meeting may be requested by using one of the methods
specified under ADDRESSES. Please explain why you believe such a public
meeting 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.
B. Regulatory Information
This is the second temporary interim rule with request for comments
issued by the Coast Guard to establish a regulated navigation area in
connection with the S99 Alford Street Bridge rehabilitation over the
main channel of the Mystic River between Boston and Chelsea,
Massachusetts. The first rule was published in the Federal Register on
January 9, 2012 (77 FR 1020). We received no public comments on the
first rule.
The Coast Guard is issuing this second rule without prior Federal
Register notice 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 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 has good cause to find that publishing a
notice of proposed rulemaking (NPRM) for this second rule, and taking
public comment on that NPRM, would be both impracticable and contrary
to the public interest. The repair work that necessitated the first
rule has not been completed on schedule and therefore the hazardous
conditions that gave rise to the need for RNA protective measures
continue. Expiration of the first RNA on November 30, 2012 leaves no
time for notice and comment procedures if both the repair work and RNA
protective measures are to remain in place after that date. Temporarily
stopping necessary repair work would impracticably delay the resumption
of normal traffic patterns and raise construction costs, contrary to
the public interest. To some extent, it is also unnecessary to follow
normal notice and comment practice with respect to this RNA, because
the affected public can clearly see that the bridge repair work and
that work's associated hazards continue, and anyone who wishes to
comment on the need for or the terms of the RNA may at any time submit
comments to the Coast Guard, and the Coast Guard will respond to those
comments.
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.
C. Basis and Purpose
Under the Ports and Waterways Safety Act, the Coast Guard has the
authority to establish RNAs in defined water areas that are determined
to have hazardous conditions and in which vessel traffic can be
regulated in the interest of safety. See 33 U.S.C. 1231 and Department
of Homeland Security Delegation No. 0170.1.
The purpose of this temporary interim rule and request for comments
is to keep in place and extend the regulated navigation area that was
the subject of the Coast Guard temporary interim rule and request for
comments published in the Federal Register on January 9, 2012 in order
to ensure the safe transit of vessels in the area and to protect all
persons, vessels, and the marine environment during the rehabilitation
project of the S99 Alford Street Bridge.
[[Page 73918]]
D. Discussion of Rule
This rule reinstates a regulated navigation area that was
promulgated to protect the public against hazardous conditions created
by repair work on the S99 Alford Street Bridge across the Mystic River
between Boston and Chelsea, Massachusetts. The original RNA took effect
with actual notice on December 27, 2011, was the subject of a temporary
interim rule and request for comments published in the Federal Register
on January 9, 2012, and expires by its own terms at 11:59 p.m. on
November 30, 2012. However, the repair work is continuing beyond that
date and therefore the RNA must be reinstated to extend the RNA's
protective measures for the duration of that work. This new temporary
interim rule and request for comments makes no substantive changes in
the RNA.
E. Regulatory Analyses
We developed this 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.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) Executive Order 12866 or under
section 1 of Executive Order 13563. The Office of Management and Budget
has not reviewed it under that Order. We expect the economic impact of
this rule to be minimal because the amount of traffic in this waterway
is extremely limited. Furthermore, the Captain of the Port has the
ability to suspend the provisions of this regulation when necessary.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended requires federal agencies to consider the potential impact of
regulations on small entitles during rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this rule would not have a
significant economic impact on a substantial number of small entities.
This rule will affect the following entities some of which may be
small entities: The owners or operators of marinas, businesses (such as
waterside restaurants), and vessels who intend to transit in the Mystic
River beneath the S99 Alford Street Bridge during the effective period.
This regulation may have some impact on the public, but the
potential impact will be minimized for the following reasons: this
action only serves to reinstate an RNA that is already in place and for
which no public comments were received. Many parties that have the
potential to be affected have been involved in the discussions and have
made plans to work around the closure times. We will use appropriate
means to inform the public before, during, and at the conclusion of any
RNA enforcement period.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
4. 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).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on 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 determined
that it does not have implications for federalism.
6. 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.
7. 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 expenditure, we do discuss the effects of this rule elsewhere in
this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. 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.
10. 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.
11. 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.
12. Energy Effects
This action is not a ``Significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that this action is one
[[Page 73919]]
of a category of actions that do not individually or cumulatively have
a significant effect on the human environment. This rule involves the
modification of an existing regulated navigation area. This rule is
categorically excluded from further review under, paragraph 34(g) of
figure 2-1 of the Commandant Instruction. An environmental analysis
checklist and a categorical exclusion determination are available in
the docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for Part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 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.T01-1130 to read as follows:
Sec. 165.T01-1130 Regulated Navigation Area; S99 Alford Street Bridge
rehabilitation project, Mystic River, MA
(a) Location. The following area is a Regulated Navigation Area
(RNA): All navigable waters of the Mystic River between Boston and
Chelsea, MA, from surface to bottom, within 100 yards of any point on
the S99 Alford Street Bridge.
(b) Regulations. (1) The general regulations contained in 33 CFR
165.10, 165.11, and 165.13 apply in addition to those provisions
outlined below.
(2) In accordance with the general regulations, entry into or
movement within this zone, during periods of enforcement, is prohibited
unless authorized by Captain of the Port (COTP) Sector Boston.
(3) All persons and vessels must comply with all directions given
to them by the COTP Sector Boston or the on-scene representative. The
``on-scene representative'' of the COTP is any Coast Guard
commissioned, warrant or petty officer who has been designated by the
COTP to act on the COTP's behalf. The on-scene representative may be on
a Coast Guard vessel or other designated craft, or may be on shore and
will communicate with vessels via VHF-FM radio or loudhailer. Members
of the Coast Guard Auxiliary may be present to inform vessel operators
of this regulation.
(4) Upon being hailed by a U.S. Coast Guard vessel by siren, radio,
flashing light or other means, the operator of the vessel must proceed
as directed.
(5) Notwithstanding any other provisions in this regulation, the
movement of official, emergency vessels within the regulated area is
permitted provided that the contractor is notified in order to remove
potential hazards or obstructions.
(6) All other relevant regulations, including but not limited to
the Rules of the Road (33 CFR subchapter E, Inland Navigational Rules)
remain in effect within the regulated area and must be strictly
followed at all times.
(c) Enforcement period. (1) This regulated navigation area is
enforceable 24 hours a day from 11:59 p.m. on November 30, 2012 through
December 31, 2014.
(2) The COTP Sector Boston will cause notice of enforcement,
suspension of enforcement, or closure of the waterway to be made by all
appropriate means to achieve the widest distribution among the affected
segments of the public. Such means of notification may include but are
not limited to Broadcast Notice to Mariners, Local Notice to Mariners
and Marine Safety Information Bulletins. Such notification will include
the date and time that enforcement is suspended as well as the date and
time that enforcement will resume.
(3) Report violations of this regulated navigation area to the COTP
Sector Boston, at (617) 223-5757 or on VHF-Channel 16.
Dated: November 29, 2012.
D.B. Abel,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2012-30005 Filed 12-11-12; 8:45 am]
BILLING CODE 9110-04-P