Safety Zone; S99 Alford Street Bridge-Emergency Grid Replacement Project, Mystic River, Charlestown and Everett, MA, 46392-46394 [2018-19746]
Download as PDF
<![CDATA[
46392
Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Rules and Regulations
seventeen entries to the Entity List. An
error of omission left out one Pakistani
entity from an amendatory instruction.
This correction clarifies that instruction.
DATES: This correction is effective
September 13, 2018.
FOR FURTHER INFORMATION CONTACT:
Chair, End-User Review Committee,
Office of the Assistant Secretary, Export
Administration, Bureau of Industry and
Security, Department of Commerce,
Phone: (202) 482–5991, Email: ERC@
bis.doc.gov.
On
September 4, 2018, at 83 FR 44821, BIS
published a rule amending the Entity
List in 15 CFR part 744, supplement 4.
An amendatory instruction noted the
addition of two entities for Pakistan, but
provided the name of one only. Both
entities appeared in the amendment’s
regulatory text and were codified on the
rule’s effective date. This document
clarifies the rule by correcting the
amendatory instruction to carry the
names of both entities as originally
intended.
Therefore, in FR Rule Doc. No. 2018–
18766, published September 4, 2018, at
83 FR 44821, the following correction is
made:
■ 1. On page 44824, in the third column,
amendatory instruction 2.d is corrected
to read as follows:
■ 2. * * *
■ d. Under Pakistan, by adding in
alphabetical order two Pakistani entities
‘‘Technology Link PVT. Ltd.’’ and ‘‘UEC
(Pvt.) Ltd.’’;
SUPPLEMENTARY INFORMATION:
Dated: September 7, 2018.
Karen Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2018–19960 Filed 9–12–18; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2018–0800]
Drawbridge Operation Regulation;
Sacramento River, Sacramento, CA
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
daltland on DSKBBV9HB2PROD with RULES
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Tower
Drawbridge across the Sacramento
River, mile 59.0, at Sacramento, CA. The
deviation is necessary to allow the
SUMMARY:
VerDate Sep<11>2014
17:40 Sep 12, 2018
Jkt 244001
community to participate in the Making
Strides Walk against Breast Cancer
event. This deviation allows the bridge
to remain in the closed-to-navigation
position.
This deviation is effective from
8 a.m. through 11 a.m. on October 14,
2018.
DATES:
The docket for this
deviation, USCG–2018–0800, is
available at 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 this deviation.
ADDRESSES:
If
you have questions on this temporary
deviation, call or email Carl T. Hausner,
Chief, Bridge Section, Eleventh Coast
Guard District; telephone 510–437–
3516, email Carl.T.Hausner@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
The
California Department of Transportation
has requested a temporary change to the
operation of the Tower Drawbridge,
mile 59.0, over Sacramento River, at
Sacramento, CA. The drawbridge
navigation span provides a vertical
clearance of 30 feet above Mean High
Water in the closed-to-navigation
position. The draw operates as required
by 33 CFR 117.189(a). Navigation on the
waterway is commercial and
recreational.
The drawspan will be secured in the
closed-to-navigation position from 8
a.m. to 11 a.m. on October 14, 2018, to
allow the community to participate in
the Making Strides Walk against Breast
Cancer event. This temporary deviation
has been coordinated with the waterway
users. No objections to the proposed
temporary deviation were raised.
Vessels able to pass through the bridge
in the closed position may do so at
anytime. The bridge will be able to open
for emergencies and there is no
immediate alternate route for vessels to
pass. The Coast Guard will also inform
the users of the waterway through our
Local and Broadcast Notices to Mariners
of the change in operating schedule for
the bridge so that vessel operators can
arrange their transits to minimize any
impact caused by the temporary
deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
Dated: September 6, 2018.
Carl T. Hausner,
District Bridge Chief, Eleventh Coast Guard
District.
[FR Doc. 2018–19747 Filed 9–12–18; 8:45 am]
BILLING CODE 9110–04–P
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.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing 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 temporary 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.
DATES: This rule is effective from
October 1, 2018 through April 30, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0343 in the ‘‘SEARCH’’ box and click
‘‘SEARCH’’. Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mark Cutter, Waterways
Management Division, U.S. Coast Guard
Sector Boston, telephone 617–223–4000,
email Mark.E.Cutter@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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
TFR Temporary Final Rule
E:\FR\FM\13SER1.SGM
13SER1
Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Rules and Regulations
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
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.
In response, on July 17, 2018, the
Coast Guard published a Notice of
proposed rulemaking (NPRM) titled
‘‘Safety Zone, S99 Alford Street BridgeEmergency Grid Replacement Project,
Mystic River, Charlestown and Everett,
MA,’’ (83 FR 33165). There, we stated
why we issued the NPRM, and invited
comments on our proposed regulatory
action related to this safety zone. During
the comment period that ended on
August 16, 2018, we received zero (0)
comments.
daltland on DSKBBV9HB2PROD with RULES
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231.
The COTP Boston has determined that
potential hazards exist associated with
the emergency replacement of the steel
grid deck on all four bascule spans of
the S99 Alford Street Bridge. Potential
hazards include the use of the waterway
underneath the bridge to conduct heavy
lift operations, as well as possible
falling equipment and materials. This
rule is needed to protect personnel,
vessels, and the marine environment on
navigable waters within 150-yards of the
S99 Alford Street Bridge, at mile 1.4 on
the Mystic River between Charlestown
and Everett, Massachusetts, during these
emergency repairs.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published on
July 17, 2018. There are no changes to
the regulatory text of this rule from the
proposed rule in the NPRM.
The rule establishes a safety zone
enforceable 24 hours a day from 12:01
a.m. on October 1, 2018, to 11:59 p.m.
on April 30, 2019. The safety zone
covers all navigable waters within 150yards of the S99 Alford Street Bridge, at
mile 1.4 on the Mystic River between
Charlestown and Everett,
Massachusetts. 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
VerDate Sep<11>2014
17:40 Sep 12, 2018
Jkt 244001
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.
The Coast Guard will notify the
public about this safety zone through
the Massachusetts Bay Harbor Safety
Committee meetings, Boston’s Port
Operators Group meetings, and Local
Notice to Mariners. Moreover, the Coast
Guard will 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 will be given to
the public to the greatest extent
possible.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below, we summarize our analyses
based on a number of these statutes and
Executive Orders and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
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 rule to be minimal since we will
provide ample notice of the safety zone
effective dates and vessels will be able
to enter the 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.
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
46393
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.
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 will 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 will allow vessels to seek
permission to enter the zone when the
channel is not being occupied 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 rule would not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant impact
on any vessel owner or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
E:\FR\FM\13SER1.SGM
13SER1
46394
Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Rules and Regulations
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section.
daltland on DSKBBV9HB2PROD with RULES
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, which guides the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
VerDate Sep<11>2014
17:40 Sep 12, 2018
Jkt 244001
environment. This rule involves
establishing a temporary safety zone
extending 150 yards around a bridge to
complete emergency repairs to the S99
Alford Street Bridge during a sevenmonth period when boating traffic is
minimal on the Mystic River. It is
categorically excluded from further
review under paragraph L60(b) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
Record of Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add 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:
(1) 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
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
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.
(2) Official patrol vessel means any
Coast Guard, Coast Guard Auxiliary,
state, or local law enforcement vessel
assigned or approved by the COTP
Boston to enforce this section.
(c) Enforcement Periods. 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: September 6, 2018.
Eric J. Doucette,
Captain, U.S. Coast Guard, Captain of the
Port Boston.
[FR Doc. 2018–19746 Filed 9–12–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2016–0416; FRL–9976–65]
Afidopyropen; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of afidopyropen,
[(3S,4R,4aR,6S,6aS,12R,12aS,12bS)-3[(cyclopropylcarbonyl)oxy]1,3,4,4a,5,6,6a,12,12a,12b-decahydro-
SUMMARY:
E:\FR\FM\13SER1.SGM
13SER1
]]>Agencies
[Federal Register Volume 83, Number 178 (Thursday, September 13, 2018)]
[Rules and Regulations]
[Pages 46392-46394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19746]
-----------------------------------------------------------------------
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: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing 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 temporary 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.
DATES: This rule is effective from October 1, 2018 through April 30,
2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0343 in the ``SEARCH'' box and click ``SEARCH''. Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email 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
TFR Temporary Final Rule
[[Page 46393]]
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
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.
In response, on July 17, 2018, the Coast Guard published a Notice
of proposed rulemaking (NPRM) titled ``Safety Zone, S99 Alford Street
Bridge-Emergency Grid Replacement Project, Mystic River, Charlestown
and Everett, MA,'' (83 FR 33165). There, we stated why we issued the
NPRM, and invited comments on our proposed regulatory action related to
this safety zone. During the comment period that ended on August 16,
2018, we received zero (0) comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231.
The COTP Boston has determined that potential hazards exist
associated with the emergency replacement of the steel grid deck on all
four bascule spans of the S99 Alford Street Bridge. Potential hazards
include the use of the waterway underneath the bridge to conduct heavy
lift operations, as well as possible falling equipment and materials.
This rule is needed to protect personnel, vessels, and the marine
environment on navigable waters within 150-yards of the S99 Alford
Street Bridge, at mile 1.4 on the Mystic River between Charlestown and
Everett, Massachusetts, during these emergency repairs.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published on
July 17, 2018. There are no changes to the regulatory text of this rule
from the proposed rule in the NPRM.
The rule establishes a safety zone enforceable 24 hours a day from
12:01 a.m. on October 1, 2018, to 11:59 p.m. on April 30, 2019. The
safety zone covers 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 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.
The Coast Guard will notify the public about this safety zone
through the Massachusetts Bay Harbor Safety Committee meetings,
Boston's Port Operators Group meetings, and Local Notice to Mariners.
Moreover, the Coast Guard will 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 will be given to the public to the greatest extent possible.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below, we summarize our
analyses based on a number of these statutes and Executive Orders and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has 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 rule to be minimal since we will
provide ample notice of the safety zone effective dates and vessels
will be able to enter the 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.
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 will 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 will allow vessels to
seek permission to enter the zone when the channel is not being
occupied 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 rule
would not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant impact on any vessel
owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-
[[Page 46394]]
888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate
against small entities that question or complain about this rule or any
policy or action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, which guides the Coast Guard in complying with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and
have determined that this action is one of a category of actions that
do not individually or cumulatively have a significant effect on the
human environment. This rule involves establishing 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. It is categorically
excluded from further review under paragraph L60(b) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
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:
(1) 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.
(2) Official patrol vessel means any Coast Guard, Coast Guard
Auxiliary, state, or local law enforcement vessel assigned or approved
by the COTP Boston to enforce this section.
(c) Enforcement Periods. 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: September 6, 2018.
Eric J. Doucette,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2018-19746 Filed 9-12-18; 8:45 am]
BILLING CODE 9110-04-P
