Safety Zone, S99 Alford Street Bridge-Emergency Grid Replacement Project, Mystic River, Charlestown and Everett, MA, 33165-33167 [2018-15183]
Download as PDF
<![CDATA[
Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Proposed Rules
(c)(1)(iv), Example 4.’’ is corrected to
read ‘‘§ 301.6011–2 (b)(4).’’.
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Martin V. Franks,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel, (Procedure and Administration).
26 CFR Part 301
[REG–102951–16]
[FR Doc. 2018–15164 Filed 7–16–18; 8:45 am]
BILLING CODE 4830–01–P
RIN 1545–BN36
Filing Requirements for Information
Returns Required on Magnetic Media
(Electronically); Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Correction to a notice of
proposed rulemaking.
AGENCY:
This document contains a
correction to notice of proposed
rulemaking (REG–102951–16) that was
published in the Federal Register on
Thursday, May 31, 2018 (83 FR 24948).
The proposed regulations are relating to
amending rules for determining whether
information returns must be filed by
using magnetic media (electronically).
DATES: Written or electronic comments
and request for a public hearing for the
notice of proposed rulemaking at 83 FR
24948, May 31, 2018, are still being
accepted and must be received by July
30, 2018.
FOR FURTHER INFORMATION CONTACT:
Concerning the proposed regulations,
Michael Hara at (202) 317–6845;
concerning the submission of comments
and request for a public hearing, Regina
L. Johnson, (202) 317–5177 (not a tollfree number).
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The notice of proposed rulemaking
that is subject of this document is under
section 6011 of the Internal Revenue
Code.
Need for Correction
As published, the notice of proposed
rulemaking (REG–102951–16) contains
an error that may prove to be misleading
and are in need of clarification.
daltland on DSKBBV9HB2PROD with PROPOSALS
Correction of Publication
Accordingly, in the notice of
proposed rulemaking (REG–102951–16)
that is subject to FR Doc. 2018–11749,
beginning on page 24948 in the issue of
May 31, 2018, make the following
correction in the SUPPLEMENTARY
INFORMATION section. On page 24949 in
the first column, under the caption
‘‘Explanation of Provisions’’, the last
line from the bottom of the second full
paragraph, the language ‘‘§ 301.6011–2
VerDate Sep<11>2014
16:23 Jul 16, 2018
Jkt 244001
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0343]
RIN 1625–AA00
Safety Zone, S99 Alford Street
Bridge—Emergency Grid Replacement
Project, Mystic River, Charlestown and
Everett, MA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary safety zone for the
navigable waters within 150-yards of the
S99 Alford Street Bridge, at mile 1.4 on
the Mystic River between Charlestown
and Everett, Massachusetts from
October 1, 2018 through April 30, 2019.
The safety zone is necessary to protect
personnel, vessels and the marine
environment from potential hazards
created during the emergency
replacement of the steel grid deck on all
four bascule spans of the S99 Alford
Street Bridge. This proposed rule would
prohibit vessels and persons from being
in the safety zone unless authorized by
the Captain of the Port Boston or a
designated representative. We invite
your comments on this proposed
rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before August 16, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–0343 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this proposed
rulemaking, call or email Mark Cutter,
Waterways Management Division, U.S.
Coast Guard Sector Boston, telephone
617–223–4000, email Mark.E.Cutter@
uscg.mil.
SUMMARY:
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
33165
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, Purpose, and Legal
Basis
On April 6, 2018, the City of Boston
notified the Coast Guard that the
Massachusetts Department of
Transportation’s Highways Division will
be conducting emergency repairs to the
S99 Alford Street Drawbridge at mile 1.4
on the Mystic River between
Charlestown and Everett Massachusetts
from May 2018 through the summer of
2019. The emergency repairs consist of
replacing the steel grid bridge decking
on all four bascule spans. To complete
these repairs by the summer of 2019 and
still maintain regional transportation,
each side span of the bascule bridge will
need to be closed at different times. To
make the necessary repairs, workers will
need to use barges in the waterway
underneath the bridge span to access the
side spans. Bridge span closures and use
of the waterway underneath the bridge
to effectuate the repairs are scheduled to
commence on October 1, 2018, and be
completed by April 30, 2019.
Hazards from bridge span closures
and use of the waterway underneath
include heavy lift operations, falling
equipment and materials, and
construction vessels. The Captain of the
Port (COTP) Boston has determined that
potential hazards associated with the
bridge repairs would be a safety concern
for anyone in or on Mystic River waters
within 150-yards of the bridge. No
vessel or person will be permitted to
enter the safety zone without obtaining
permission from the COTP Boston or a
designated representative. The Coast
Guard will notify the public through the
Massachusetts Bay Harbor Safety
Committee meetings, Boston’s Port
Operators Group meetings, and Local
Notice to Mariners. Moreover, the Coast
Guard would issue a Safety Marine
Information Broadcast via marine
channel 16 (VHF–FM) fourteen (14)
days in advance of the commencement
of the Safety Zone. If the project is
completed before April 30, 2019,
enforcement of the safety zone will be
suspended and notice given to the
public to the greatest extent possible.
The purpose of this rulemaking is to
protect personnel, vessels and the
marine environment from potential
hazards created during repairs on the
E:\FR\FM\17JYP1.SGM
17JYP1
33166
Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Proposed Rules
S99 Alford Street Bridge, at mile 1.4 on
the Mystic River between Charlestown
and Everett Massachusetts. The Coast
Guard proposes this rulemaking is
under authority in 33 U.S.C. 1231.
III. Discussion of Proposed Rule
The Coast Guard proposes to establish
a safety zone starting at 12:01 a.m. on
October 1, 2018, and to make it effective
to 11:59 p.m. on April 30, 2019. The
safety zone would cover all navigable
waters within 150-yards of the S99
Alford Street Bridge, at mile 1.4 on the
Mystic River between Charlestown and
Everett Massachusetts. The duration of
the zone is intended to ensure the safety
of vessels, the maritime public,
construction workers, and these
navigable waters during the repairs on
the S99 Alford Street Bridge over the
main channel of the Mystic River. No
vessel or person would be permitted to
enter the safety zone without obtaining
permission from the COTP Boston or a
designated representative.
daltland on DSKBBV9HB2PROD with PROPOSALS
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
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.
This regulatory action determination
is based on the size, location, duration,
and time-of-year of the safety zone. We
expect the adverse economic impact of
this proposed rule to be minimal since
we will provide ample notice of the
safety zone effective dates and vessels
will be able to enter safety zone when
construction equipment is not
occupying the channel. Although this
regulation may have some adverse
impact on the public, the potential
impact will be minimal because boating
season for vessels on the Mystic River
usually concludes around mid-October
VerDate Sep<11>2014
16:23 Jul 16, 2018
Jkt 244001
and consequently the amount of traffic
in this waterway during the effective
period for the safety zone is limited.
This safety zone is of similar
dimension and a shorter duration to the
one established in 2011 (73916 FR/Vol.
77, NO. 239) for the original
rehabilitation of the bridge. The
regulatory text we are proposing appears
at the end of this document.
Notification of the emergency repairs
to the Alford Street Drawbridge and the
associated safety zone will be made to
mariners through the Massachusetts Bay
Harbor Safety Committee meetings,
Boston’s Port Operators Group meetings,
and Local Notice to Mariners. Moreover,
the Coast Guard would issue a Safety
Marine Information Broadcast via
marine channel 16 (VHF–FM) fourteen
(14) days in advance of the
commencement of the Safety Zone. The
rule would allow vessels to seek
permission to enter the zone when the
channel is not being occupy by
construction equipment.
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 proposed rule would not
have a significant economic impact on
a substantial number of small entities.
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.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
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. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would 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 proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01 and
Commandant Instruction M16475.1D,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have made a
preliminary determination 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 proposed rule
E:\FR\FM\17JYP1.SGM
17JYP1
Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Proposed Rules
involves the establishment of a
temporary safety zone extending 150
yards around a bridge to complete
emergency repairs to the S99 Alford
Street Bridge during a seven month
period when boating traffic is minimal
on the Mystic River. Normally such
actions are categorically excluded from
further review under paragraph L60(a)
of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 01. A preliminary Record of
Environmental Consideration
supporting this determination is
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
proposed rule.
daltland on DSKBBV9HB2PROD with PROPOSALS
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.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
VerDate Sep<11>2014
16:23 Jul 16, 2018
Jkt 244001
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
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 proposes to
amend 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 a new § 165.T01–0343 to read
as follows:
■
§ 165.T01–0343 Safety Zone, S99 Alford
Street Bridge—Emergency Grid
Replacement Project, Mystic River,
Charlestown and Everett MA.
(a) Location. The following area is a
safety zone: All navigable waters of the
Mystic River between Charlestown and
Everett, Massachusetts from surface to
bottom, within 150-yards of the S99
Alford Street Bridge, at mile 1.4 on the
Mystic River between Charlestown and
Everett, Massachusetts.
(b) Definitions. As used in this
section—
Designated representative means any
Coast Guard commissioned, warrant,
petty officer, or any federal, state, or
local law enforcement officer who has
been designated by the Captain of the
Port (COTP) Boston, to act on his or her
behalf. The designated representative
may be on an official patrol vessel or
may be on shore and will communicate
with vessels via VHF–FM radio or
loudhailer. In addition, members of the
Coast Guard Auxiliary may be present to
inform vessel operators of this
regulation.
Official patrol vessels means any
Coast Guard, Coast Guard Auxiliary,
state, or local law enforcement vessels
assigned or approved by the COTP
Boston to enforce this section.
(c) Enforcement period. This section
is enforceable 24 hours a day from 12:01
a.m. on October 1, 2018, through 11:59
p.m. on April 30, 2019. When enforced
as deemed necessary by the COTP
Boston, vessels will be prohibited from
entering this safety zone during the
emergency grid replacement on the
bridge.
(d) Regulations. The general
regulations contained in 33 CFR 165.23,
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
33167
as well as the following regulations,
apply:
(1) No person or vessel may enter or
remain in this safety zone without the
permission of the COTP Boston or the
COTP’s designated representatives.
However, any person or vessel
permitted to enter the safety zone must
comply with the directions and orders
of the COTP Boston or the COTP’s
designated representatives.
(2) To obtain permission required by
this regulation, individuals may reach
the COTP Boston or a COTP designated
representative via Channel 16 (VHF–
FM) or 617–223–5757 (Sector Boston
Command Center).
(3) Penalties. Those who violate this
section are subject to the penalties set
forth in 33 U.S.C. 1232.
Dated: July 11, 2018.
Eric. J. Doucette,
Captain, U.S. Coast Guard Captain of the
Port Boston.
[FR Doc. 2018–15183 Filed 7–16–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF EDUCATION
34 CFR Part 200
RIN 1810–AB33
[Docket ID: ED–2016–OESE–0056]
Title I—Improving the Academic
Achievement of the DisadvantagedSupplement Not Supplant; Withdrawal
Office of Elementary and
Secondary Education, Department of
Education.
ACTION: Proposed rule; withdrawal.
AGENCY:
The U.S. Department of
Education (Department) is withdrawing
the notice of proposed rulemaking
(NPRM) pertaining to the supplement
not supplant requirements under title I,
part A of the Elementary and Secondary
Education Act of 1965 (ESEA), as
amended by the Every Student Succeeds
Act (ESSA).
DATES: As of July 17, 2018, the proposed
regulations published on September 6,
2016, at 81 FR 61148 are withdrawn.
FOR FURTHER INFORMATION CONTACT:
Patrick Rooney, U.S. Department of
Education, 400 Maryland Avenue SW,
Room 3W202, Washington, DC 20202.
Telephone: (202) 453–5514. Email:
patrick.rooney@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
SUPPLEMENTARY INFORMATION: Section
1118(b)(2) of the ESEA, as amended by
SUMMARY:
E:\FR\FM\17JYP1.SGM
17JYP1
]]>Agencies
[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)]
[Proposed Rules]
[Pages 33165-33167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15183]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0343]
RIN 1625-AA00
Safety Zone, S99 Alford Street Bridge--Emergency Grid Replacement
Project, Mystic River, Charlestown and Everett, MA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a temporary safety zone
for the navigable waters within 150-yards of the S99 Alford Street
Bridge, at mile 1.4 on the Mystic River between Charlestown and
Everett, Massachusetts from October 1, 2018 through April 30, 2019. The
safety zone is necessary to protect personnel, vessels and the marine
environment from potential hazards created during the emergency
replacement of the steel grid deck on all four bascule spans of the S99
Alford Street Bridge. This proposed rule would prohibit vessels and
persons from being in the safety zone unless authorized by the Captain
of the Port Boston or a designated representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before August 16, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0343 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Mark Cutter, Waterways Management
Division, U.S. Coast Guard Sector Boston, telephone 617-223-4000, email
[email protected].
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
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On April 6, 2018, the City of Boston notified the Coast Guard that
the Massachusetts Department of Transportation's Highways Division will
be conducting emergency repairs to the S99 Alford Street Drawbridge at
mile 1.4 on the Mystic River between Charlestown and Everett
Massachusetts from May 2018 through the summer of 2019. The emergency
repairs consist of replacing the steel grid bridge decking on all four
bascule spans. To complete these repairs by the summer of 2019 and
still maintain regional transportation, each side span of the bascule
bridge will need to be closed at different times. To make the necessary
repairs, workers will need to use barges in the waterway underneath the
bridge span to access the side spans. Bridge span closures and use of
the waterway underneath the bridge to effectuate the repairs are
scheduled to commence on October 1, 2018, and be completed by April 30,
2019.
Hazards from bridge span closures and use of the waterway
underneath include heavy lift operations, falling equipment and
materials, and construction vessels. The Captain of the Port (COTP)
Boston has determined that potential hazards associated with the bridge
repairs would be a safety concern for anyone in or on Mystic River
waters within 150-yards of the bridge. No vessel or person will be
permitted to enter the safety zone without obtaining permission from
the COTP Boston or a designated representative. The Coast Guard will
notify the public through the Massachusetts Bay Harbor Safety Committee
meetings, Boston's Port Operators Group meetings, and Local Notice to
Mariners. Moreover, the Coast Guard would issue a Safety Marine
Information Broadcast via marine channel 16 (VHF-FM) fourteen (14) days
in advance of the commencement of the Safety Zone. If the project is
completed before April 30, 2019, enforcement of the safety zone will be
suspended and notice given to the public to the greatest extent
possible.
The purpose of this rulemaking is to protect personnel, vessels and
the marine environment from potential hazards created during repairs on
the
[[Page 33166]]
S99 Alford Street Bridge, at mile 1.4 on the Mystic River between
Charlestown and Everett Massachusetts. The Coast Guard proposes this
rulemaking is under authority in 33 U.S.C. 1231.
III. Discussion of Proposed Rule
The Coast Guard proposes to establish a safety zone starting at
12:01 a.m. on October 1, 2018, and to make it effective to 11:59 p.m.
on April 30, 2019. The safety zone would cover all navigable waters
within 150-yards of the S99 Alford Street Bridge, at mile 1.4 on the
Mystic River between Charlestown and Everett Massachusetts. The
duration of the zone is intended to ensure the safety of vessels, the
maritime public, construction workers, and these navigable waters
during the repairs on the S99 Alford Street Bridge over the main
channel of the Mystic River. No vessel or person would be permitted to
enter the safety zone without obtaining permission from the COTP Boston
or a designated representative.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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.
This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. We expect the
adverse economic impact of this proposed rule to be minimal since we
will provide ample notice of the safety zone effective dates and
vessels will be able to enter safety zone when construction equipment
is not occupying the channel. Although this regulation may have some
adverse impact on the public, the potential impact will be minimal
because boating season for vessels on the Mystic River usually
concludes around mid-October and consequently the amount of traffic in
this waterway during the effective period for the safety zone is
limited.
This safety zone is of similar dimension and a shorter duration to
the one established in 2011 (73916 FR/Vol. 77, NO. 239) for the
original rehabilitation of the bridge. The regulatory text we are
proposing appears at the end of this document.
Notification of the emergency repairs to the Alford Street
Drawbridge and the associated safety zone will be made to mariners
through the Massachusetts Bay Harbor Safety Committee meetings,
Boston's Port Operators Group meetings, and Local Notice to Mariners.
Moreover, the Coast Guard would issue a Safety Marine Information
Broadcast via marine channel 16 (VHF-FM) fourteen (14) days in advance
of the commencement of the Safety Zone. The rule would allow vessels to
seek permission to enter the zone when the channel is not being occupy
by construction equipment.
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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
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.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the 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. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01 and Commandant Instruction M16475.1D, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary
determination 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 proposed rule
[[Page 33167]]
involves the establishment of a temporary safety zone extending 150
yards around a bridge to complete emergency repairs to the S99 Alford
Street Bridge during a seven month period when boating traffic is
minimal on the Mystic River. Normally such actions are categorically
excluded from further review under paragraph L60(a) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A preliminary
Record of Environmental Consideration supporting this determination is
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 proposed rule.
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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 proposes
to amend 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. 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.
0
2. Add a new Sec. 165.T01-0343 to read as follows:
Sec. 165.T01-0343 Safety Zone, S99 Alford Street Bridge--Emergency
Grid Replacement Project, Mystic River, Charlestown and Everett MA.
(a) Location. The following area is a safety zone: All navigable
waters of the Mystic River between Charlestown and Everett,
Massachusetts from surface to bottom, within 150-yards of the S99
Alford Street Bridge, at mile 1.4 on the Mystic River between
Charlestown and Everett, Massachusetts.
(b) Definitions. As used in this section--
Designated representative means any Coast Guard commissioned,
warrant, petty officer, or any federal, state, or local law enforcement
officer who has been designated by the Captain of the Port (COTP)
Boston, to act on his or her behalf. The designated representative may
be on an official patrol vessel or may be on shore and will communicate
with vessels via VHF-FM radio or loudhailer. In addition, members of
the Coast Guard Auxiliary may be present to inform vessel operators of
this regulation.
Official patrol vessels means any Coast Guard, Coast Guard
Auxiliary, state, or local law enforcement vessels assigned or approved
by the COTP Boston to enforce this section.
(c) Enforcement period. This section is enforceable 24 hours a day
from 12:01 a.m. on October 1, 2018, through 11:59 p.m. on April 30,
2019. When enforced as deemed necessary by the COTP Boston, vessels
will be prohibited from entering this safety zone during the emergency
grid replacement on the bridge.
(d) Regulations. The general regulations contained in 33 CFR
165.23, as well as the following regulations, apply:
(1) No person or vessel may enter or remain in this safety zone
without the permission of the COTP Boston or the COTP's designated
representatives. However, any person or vessel permitted to enter the
safety zone must comply with the directions and orders of the COTP
Boston or the COTP's designated representatives.
(2) To obtain permission required by this regulation, individuals
may reach the COTP Boston or a COTP designated representative via
Channel 16 (VHF-FM) or 617-223-5757 (Sector Boston Command Center).
(3) Penalties. Those who violate this section are subject to the
penalties set forth in 33 U.S.C. 1232.
Dated: July 11, 2018.
Eric. J. Doucette,
Captain, U.S. Coast Guard Captain of the Port Boston.
[FR Doc. 2018-15183 Filed 7-16-18; 8:45 am]
BILLING CODE 9110-04-P
