Safety Zone, MBTA Railroad Bridge Replacement Project-Annisquam River, Gloucester, MA, 42869-42871 [2019-17742]
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Federal Register / Vol. 84, No. 160 / Monday, August 19, 2019 / Proposed Rules
map, to the intersection with East
Kennedy Road NE; then
(2) Proceed westerly along East
Kennedy Road NE for approximately
2,500 feet to the intersection with an
intermittent creek approximately 0.8
mile south of Lost Lake; then
(3) Proceed southeasterly along the
easternmost fork of the intermittent
creek to the intersection with Interstate
82; then
(4) Proceed southeast along Interstate
82 for 2.25 miles, crossing over the
Richland map and onto the Badger
Mountain map, and continuing along
the ramp onto Interstate 182 to a point
due south of the intersection of Dallas
Road and an unnamed road known
locally as East 260 Private Road NE;
then
(5) Proceed north in a straight line for
0.5 mile, crossing onto the Richland
map, to the intersection of Dallas Road
and the 670-foot elevation contour; then
(6) Proceed west along the 670-foot
elevation contour for 0.4 mile to the
intersection with Arena Road; then
(7) Proceed southerly along Arena
Road for approximately 0.45 miles,
returning to the beginning point.
Signed: June 18, 2019.
Mary G. Ryan,
Acting Administrator.
[FR Doc. 2019–17688 Filed 8–16–19; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0023]
RIN 1625–AA00
Safety Zone, MBTA Railroad Bridge
Replacement Project—Annisquam
River, Gloucester, MA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
The Coast Guard proposes to
establish a temporary safety zone for the
navigable waters within 100 yards of the
Massachusetts Bay Transportation
Authority (MBTA) Railroad Bridge, at
mile 0.7, across the Annisquam River,
Gloucester, Massachusetts, from
November 1, 2019 through June 30,
2023. The temporary safety zone is
necessary to protect personnel, vessels
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SUMMARY:
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CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
NAD 83 North American Datum 1983
§ Section
U.S.C. United States Code
MBTA Massachusetts Bay Transportation
Authority
II. Background, Purpose, and Legal
Basis
The MBTA notified Sector Boston that
there will be times in which the narrow
navigable channel underneath the
MBTA Railroad Bridge, Annisquam
River, Gloucester, Massachusetts, will
need to be closed for the replacement of
submarine cables, abutment
construction, and span replacement.
The exact times are unknown. However,
every effort is being made by the MBTA
and contractor to schedule these
closures during the winter months when
boating traffic is minimal.
The replacement project started in the
fall of 2018 and is expected to be
completed in December 2022. The
COTP Boston determined that the
potential hazards associated with the
replacement of the submarine cables,
abutment construction, and span
replacement will be a safety concern for
anyone within the work area. The
proposed temporary safety zone would
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be enforced during the replacement of
the submarine cables, abutment
construction, and span replacement or
when other hazards to navigation arise.
No vessel or person will be permitted to
enter the proposed temporary safety
zone without obtaining permission from
the COTP or a designated
representative.
The Coast Guard will notify the
public of closures through the
Massachusetts Bay Harbor Safety
Committee meetings, Boston’s Port
Operators Group meetings, Local Notice
to Mariners and through the Gloucester
Harbormaster’s network. The Coast
Guard will issue a Safety Marine
Information Broadcast (SMIB) via
marine channel 16 (VHF–FM) seven
days in advance of the enforcement of
the proposed safety zones.
The purpose of this rulemaking is to
protect personnel, vessels, and the
marine environment from potential
hazards created during the replacement
project of the MBTA Railroad Bridge, at
mile 0.7, across the Annisquam River,
Gloucester, Massachusetts. The Coast
Guard is proposing this rulemaking
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
I. Table of Abbreviations
Approved: June 27, 2019.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
ACTION:
and the marine environment from
potential hazards created during the
replacement project of the MBTA
Railroad Bridge. When enforced, 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 September 18, 2019.
ADDRESSES: You may submit comments
identified by docket number USCG–
2019–0023 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.
SUPPLEMENTARY INFORMATION:
42869
The Coast Guard is proposing to
establish a safety zone starting at 12:01
a.m. on November 1, 2019, to 11:59 p.m.
on June 30, 2023. The safety zone would
cover all navigable waters within 100
yards of the MBTA Railroad Bridge, at
mile 0.7, across the Annisquam River,
Gloucester, Massachusetts. The safety
zone will only be enforced during
periods when work barges and cranes
will be placed in the navigable channel
or when other hazards to navigation
exist. Any closure is expected to last
less than two weeks. The duration of the
zone is intended to ensure the safety of
vessels, the maritime public,
construction workers, and the marine
environment during periods of
replacement of the MBTA Railroad
Bridge over the main channel of the
Annisquam River, Gloucester,
Massachusetts. During the enforcement
period, all vessels and persons must
obtain permission from the COTP
Boston or a designated representative
before entering the safety zone.
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.
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Federal Register / Vol. 84, No. 160 / Monday, August 19, 2019 / Proposed Rules
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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 proposed rule
has not been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the proposed
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.
There may be a time during the boating
summer season that the safety zone
needs to be enforced. However, the
MBTA and contractor are making all
attempts to schedule these needed
closures during the winter months. We
expect the adverse economic impact of
this proposed rule to be minimal. 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 the
boating season for vessels on the
Annisquam usually concludes in midOctober and consequently the amount of
traffic in this waterway during the
effective period for the safety zone is
limited to a few commercial lobstermen.
The Gloucester Harbormaster will be
allowing the lobstermen to moor their
boats at the town docks on the Harbor
entrance side during periods of
enforcement, which will allow the
lobstermen to transit to their lobster gear
with no impact. If a summer time
closure is needed, with the exception of
an emergency, we will coordinate with
the MBTA, Contractor, and
Harbormaster to ensure that all
alternatives are explored, the duration is
of the shortest possible timeframe, and
a minimum of two weeks notification
are given to the boating public via Local
Notice to Mariners, Safety Marine
Information Broadcast via marine
channel 16 (VHF–FM) and through the
Gloucester Harbormaster network.
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
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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 will not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit this safety
zone may be small entities, for the
reasons stated in section IV.A above,
this proposed rule will not have a
significant economic impact on any
vessel owner or operator.
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 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
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Fmt 4702
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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
involves the establishment of a
temporary safety zone for the navigable
waters within 100 yards of the MBTA
Railroad Bridge, at mile 0.7, across the
Annisquam River, Gloucester,
Massachusetts, from November 1, 2019
through June 30, 2023 for the
replacement of the bridge. The safety
zone will only be enforced during
periods when work barges and cranes
will be placed in the navigable channel
or when other hazards to navigation
arise. As discussed in our preconstruction meeting, any closure is
expected to be of less than a two-week
duration and all attempts are being
made by the MBTA and contractor to
schedule these closures during winter
months when boating traffic is minimal.
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
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Federal Register / Vol. 84, No. 160 / Monday, August 19, 2019 / Proposed Rules
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.
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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
Marine safety, Navigation (water),
Reporting and record keeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
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42871
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
(3) Penalties. Those who violate this
section are subject to the penalties set
forth in 33 U.S.C. 1232.
1. The authority citation for part 165
continues to read as follows:
Dated: August 13, 2019.
Eric. J. Doucette,
Captain, U.S. Coast Guard, Captain of the
Port Boston.
■
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.
[FR Doc. 2019–17742 Filed 8–16–19; 8:45 am]
BILLING CODE 9110–04–P
2. Add a new § 165.T01–0023 to read
as follows:
■
§ 165.T01–0023 Safety Zone; Safety Zone,
MBTA Railroad Bridge Replacement
Project—Annisquam River, Gloucester,
Massachusetts.
(a) Location. The following area is a
safety zone: All navigable waters within
100 yards of the Massachusetts Bay
Transportation Authority (MBTA)
Railroad Bridge, at mile 0.7, across the
Annisquam River, Gloucester,
Massachusetts.
(b) Enforcement Periods. This rule is
enforceable from 12:01 a.m. on
November 1, 2019, to 11:59 p.m. on June
30, 2023.
(c) 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 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.
(d) Regulations. When this safety zone
is enforced, the following regulations,
along with those contained in § 165.23
apply:
(1) No person or vessel may enter or
remain in this safety zone without the
permission of the 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).
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2015–0850; FRL–9997–79–
Region 6]
Air Plan Approval; New Mexico;
Approval of Revised Statutes; Error
Correction
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is proposing to approve revisions to
New Mexico’s State Implementation
Plan (SIP) that incorporate updates to
the New Mexico statutes. EPA is also
correcting its previous approval of some
statute provisions to provide
clarification of the approval action
taken.
SUMMARY:
Written comments should be
received on or before September 18,
2019.
DATES:
Submit your comments,
identified by EPA–R06–OAR–2015–
0850, at https://www.regulations.gov or
via email to Riley.Jeffrey@epa.gov. For
additional information on how to
submit comments see the detailed
instructions in the ADDRESSES section of
the direct final rule located in the rules
section of this Federal Register.
FOR FURTHER INFORMATION CONTACT: Jeff
Riley, (214) 665–8542, Riley.Jeffrey@
epa.gov.
ADDRESSES:
In the
final rules section of this Federal
Register, the EPA is approving portions
of the State’s SIP submittal as a direct
rule without prior proposal because the
Agency views this as noncontroversial
submittal and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If no relevant adverse comments
are received in response to this action
no further activity is contemplated. If
the EPA receives relevant adverse
comments, the direct final rule will be
withdrawn and all public comments
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 84, Number 160 (Monday, August 19, 2019)]
[Proposed Rules]
[Pages 42869-42871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17742]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0023]
RIN 1625-AA00
Safety Zone, MBTA Railroad Bridge Replacement Project--Annisquam
River, Gloucester, 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 100 yards of the Massachusetts Bay
Transportation Authority (MBTA) Railroad Bridge, at mile 0.7, across
the Annisquam River, Gloucester, Massachusetts, from November 1, 2019
through June 30, 2023. The temporary safety zone is necessary to
protect personnel, vessels and the marine environment from potential
hazards created during the replacement project of the MBTA Railroad
Bridge. When enforced, 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 September 18, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0023 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
NAD 83 North American Datum 1983
Sec. Section
U.S.C. United States Code
MBTA Massachusetts Bay Transportation Authority
II. Background, Purpose, and Legal Basis
The MBTA notified Sector Boston that there will be times in which
the narrow navigable channel underneath the MBTA Railroad Bridge,
Annisquam River, Gloucester, Massachusetts, will need to be closed for
the replacement of submarine cables, abutment construction, and span
replacement. The exact times are unknown. However, every effort is
being made by the MBTA and contractor to schedule these closures during
the winter months when boating traffic is minimal.
The replacement project started in the fall of 2018 and is expected
to be completed in December 2022. The COTP Boston determined that the
potential hazards associated with the replacement of the submarine
cables, abutment construction, and span replacement will be a safety
concern for anyone within the work area. The proposed temporary safety
zone would be enforced during the replacement of the submarine cables,
abutment construction, and span replacement or when other hazards to
navigation arise. No vessel or person will be permitted to enter the
proposed temporary safety zone without obtaining permission from the
COTP or a designated representative.
The Coast Guard will notify the public of closures through the
Massachusetts Bay Harbor Safety Committee meetings, Boston's Port
Operators Group meetings, Local Notice to Mariners and through the
Gloucester Harbormaster's network. The Coast Guard will issue a Safety
Marine Information Broadcast (SMIB) via marine channel 16 (VHF-FM)
seven days in advance of the enforcement of the proposed safety zones.
The purpose of this rulemaking is to protect personnel, vessels,
and the marine environment from potential hazards created during the
replacement project of the MBTA Railroad Bridge, at mile 0.7, across
the Annisquam River, Gloucester, Massachusetts. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The Coast Guard is proposing to establish a safety zone starting at
12:01 a.m. on November 1, 2019, to 11:59 p.m. on June 30, 2023. The
safety zone would cover all navigable waters within 100 yards of the
MBTA Railroad Bridge, at mile 0.7, across the Annisquam River,
Gloucester, Massachusetts. The safety zone will only be enforced during
periods when work barges and cranes will be placed in the navigable
channel or when other hazards to navigation exist. Any closure is
expected to last less than two weeks. The duration of the zone is
intended to ensure the safety of vessels, the maritime public,
construction workers, and the marine environment during periods of
replacement of the MBTA Railroad Bridge over the main channel of the
Annisquam River, Gloucester, Massachusetts. During the enforcement
period, all vessels and persons must obtain permission from the COTP
Boston or a designated representative before entering the safety zone.
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.
[[Page 42870]]
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 proposed rule has
not been designated a ``significant regulatory action,'' under
Executive Order 12866. Accordingly, the proposed 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. There may be a
time during the boating summer season that the safety zone needs to be
enforced. However, the MBTA and contractor are making all attempts to
schedule these needed closures during the winter months. We expect the
adverse economic impact of this proposed rule to be minimal. 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 the boating season for vessels on the Annisquam usually
concludes in mid-October and consequently the amount of traffic in this
waterway during the effective period for the safety zone is limited to
a few commercial lobstermen. The Gloucester Harbormaster will be
allowing the lobstermen to moor their boats at the town docks on the
Harbor entrance side during periods of enforcement, which will allow
the lobstermen to transit to their lobster gear with no impact. If a
summer time closure is needed, with the exception of an emergency, we
will coordinate with the MBTA, Contractor, and Harbormaster to ensure
that all alternatives are explored, the duration is of the shortest
possible timeframe, and a minimum of two weeks notification are given
to the boating public via Local Notice to Mariners, Safety Marine
Information Broadcast via marine channel 16 (VHF-FM) and through the
Gloucester Harbormaster network.
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 will not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit this
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule will not have a significant economic
impact on any vessel owner or operator.
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 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 involves the establishment of a
temporary safety zone for the navigable waters within 100 yards of the
MBTA Railroad Bridge, at mile 0.7, across the Annisquam River,
Gloucester, Massachusetts, from November 1, 2019 through June 30, 2023
for the replacement of the bridge. The safety zone will only be
enforced during periods when work barges and cranes will be placed in
the navigable channel or when other hazards to navigation arise. As
discussed in our pre-construction meeting, any closure is expected to
be of less than a two-week duration and all attempts are being made by
the MBTA and contractor to schedule these closures during winter months
when boating traffic is minimal. 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
[[Page 42871]]
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
Marine safety, Navigation (water), Reporting and record keeping
requirements, 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.T01-0023 to read as follows:
Sec. 165.T01-0023 Safety Zone; Safety Zone, MBTA Railroad Bridge
Replacement Project--Annisquam River, Gloucester, Massachusetts.
(a) Location. The following area is a safety zone: All navigable
waters within 100 yards of the Massachusetts Bay Transportation
Authority (MBTA) Railroad Bridge, at mile 0.7, across the Annisquam
River, Gloucester, Massachusetts.
(b) Enforcement Periods. This rule is enforceable from 12:01 a.m.
on November 1, 2019, to 11:59 p.m. on June 30, 2023.
(c) 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 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.
(d) Regulations. When this safety zone is enforced, the following
regulations, along with those contained in Sec. 165.23 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: August 13, 2019.
Eric. J. Doucette,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2019-17742 Filed 8-16-19; 8:45 am]
BILLING CODE 9110-04-P
