Safety Zone, North Washington Street Bridge Replacement Project, Charles River, Boston, MA, 46498-46501 [2019-19048]
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Federal Register / Vol. 84, No. 171 / Wednesday, September 4, 2019 / Proposed Rules
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
The Boeing Company: Docket No. FAA–
2019–0670; Product Identifier 2019–
NM–104–AD.
(i) Terminating Action
(a) Comments Due Date
The FAA must receive comments by
October 21, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company
Model 737–200, –200C, –300, –400, and –500
series airplanes, certificated in any category,
as identified in Boeing Alert Requirements
Bulletin 737–53A1382 RB, dated May 6,
2019.
(d) Subject
Air Transport Association (ATA) of
America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by an evaluation by
the design approval holder (DAH) indicating
that the lower skin of the fuselage skin lap
splices along the lower fastener row of the
stringer (S)-14 lap splice on certain body
station skin panels is subject to widespread
fatigue damage (WFD). The FAA is issuing
this AD to address scratch cracks and fatigue
cracking which may interact and could result
in rapid decompression or loss of structural
integrity of the airplane.
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(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
Except as specified by paragraph (h) of this
AD: At the applicable times specified in the
‘‘Compliance’’ paragraph of Boeing Alert
Requirements Bulletin 737–53A1382 RB,
dated May 6, 2019, do all applicable actions
identified in, and in accordance with, the
Accomplishment Instructions of Boeing Alert
Requirements Bulletin 737–53A1382 RB,
dated May 6, 2019.
Note 1 to paragraph (g): Guidance for
accomplishing the actions required by this
AD can be found in Boeing Alert Service
Bulletin 737–53A1382, dated May 6, 2019,
which is referred to in Boeing Alert
Requirements Bulletin 737–53A1382 RB,
dated May 6, 2019.
(h) Exceptions to Service Information
Specifications
(1) For purposes of determining
compliance with the requirements of this AD:
Where Boeing Alert Requirements Bulletin
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737–53A1382 RB, dated May 6, 2019 uses the
phrase ‘‘the original issue date of
Requirements Bulletin 737–53A1382 RB,’’
this AD requires using ‘‘the effective date of
this AD.’’
(2) Where Boeing Alert Requirements
Bulletin 737–53A1382 RB, dated May 6,
2019, specifies contacting Boeing for repair
instructions or for alternative inspections:
This AD requires doing the repair, or doing
the alternative inspections and applicable oncondition actions using a method approved
in accordance with the procedures specified
in paragraph (j) of this AD.
Issued in Des Moines, Washington, on
August 23, 2019.
Suzanne Masterson,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–18980 Filed 9–3–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Certain skin panel replacements identified
as terminating action in Boeing Alert
Requirements Bulletin 737–53A1382 RB,
dated May 6, 2019, terminate the inspections
in the corresponding locations required by
this AD.
33 CFR Part 165
(j) Alternative Methods of Compliance
(AMOCs)
Safety Zone, North Washington Street
Bridge Replacement Project, Charles
River, Boston, MA
(1) The Manager, Los Angeles ACO Branch,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with
14 CFR 39.19, send your request to your
principal inspector or local Flight Standards
District Office, as appropriate. If sending
information directly to the manager of the
certification office, send it to the attention of
the person identified in paragraph (k)(1) of
this AD. Information may be emailed to: 9ANM-LAACO-AMOC-Requests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair,
modification, or alteration required by this
AD if it is approved by The Boeing Company
Organization Designation Authorization
(ODA) that has been authorized by the
Manager, Los Angeles ACO Branch, FAA, to
make those findings. To be approved, the
repair method, modification deviation, or
alteration deviation must meet the
certification basis of the airplane, and the
approval must specifically refer to this AD.
Docket Number USCG–2019–0606]
RIN 1625–AA00
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary safety zone for the
navigable waters within 100 yards of the
North Washington Street Bridge, Charles
River, Boston, Massachusetts, from
December 1, 2019 through December 31,
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 North
Washington Street 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.
SUMMARY:
Comments and related material
must be received by the Coast Guard on
or before October 4, 2019.
ADDRESSES: You may submit comments
(k) Related Information
identified by docket number USCG–
(1) For more information about this AD,
2019–0606 using the Federal
contact James Guo, Aerospace Engineer,
eRulemaking Portal at https://
Airframe Section, FAA, Los Angeles ACO
www.regulations.gov. See the ‘‘Public
Branch, 3960 Paramount Boulevard,
Lakewood, CA 90712–4137; phone: 562–627– Participation and Request for
5357; fax: 562–627–5210; email: james.guo@
Comments’’ portion of the
faa.gov.
SUPPLEMENTARY INFORMATION section for
(2) For service information identified in
further instructions on submitting
this AD, contact Boeing Commercial
comments.
Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd.,
MC 110–SK57, Seal Beach, CA 90740–5600;
phone: 562–797–1717; internet: https://
www.myboeingfleet.com. You may view this
referenced service information at the FAA,
Transport Standards Branch, 2200 South
216th St., Des Moines, WA. For information
on the availability of this material at the
FAA, call 206–231–3195.
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DATES:
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.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 84, No. 171 / Wednesday, September 4, 2019 / Proposed Rules
marine environment from potential
hazards created during the replacement
project of the North Washington Street
Bridge, Charles River, Boston,
Massachusetts. The Coast Guard is
proposing this rulemaking under
authority in 46 U.S.C. 70034 (previously
33 U.S.C. 1231).
I. Table of Abbreviations
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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
MassDOT Massachusetts Department of
Transportation
II. Background, Purpose, and Legal
Basis
Massachusetts Department of
Transportation (MassDOT) notified
Sector Boston that there will be times in
which the navigable channels
underneath the North Washington Street
Bridge, Charles River, Boston,
Massachusetts, will need to be closed
for the removal of the old bridge spans,
demolition of the swing span pier
foundation, construction of the
abutment, and replacement of the span.
The exact times are currently unknown.
However, every effort is being made by
the MassDOT and contractor to
schedule these closures during the
winter months when the Charles River
is iced over or during the fall and spring
when boating traffic is minimal.
The replacement project started in the
summer of 2018 and is expected to be
completed in the spring of 2023. The
COTP Boston determined that the
potential hazards associated with the
removal of the old bridge spans,
demolition of the swing span pier
foundation, construction of the
abutment, and replacement of the span
will be a safety concern for anyone
within the work area. The proposed
temporary safety zone would be
enforced during the removal of the old
bridge spans, demolition of the swing
span pier foundation, construction of
the abutment, and replacement of the
span 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
Massachusetts Boating & Yacht Clubs
Associations network. The Coast Guard
will issue a Safety Marine Information
Broadcast (SMIB) via marine channel 16
(VHF–FM) seven days in advance of the
commencement of the proposed safety
zone.
The purpose of this rulemaking is to
protect personnel, vessels, and the
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III. Discussion of Proposed Rule
The Coast Guard is proposing to
establish a safety zone starting at 12:01
a.m. on December 1, 2019, to 11:59 p.m.
on December 31, 2023. The safety zone
would cover all navigable waters within
100 yards of the North Washington
Street Bridge, Charles River, Boston,
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 North
Washington Street Bridge, over the main
channel at the entrance of the Charles
River, Boston, 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.
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
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needs to be enforced. However,
MassDOT and the contractor are making
all attempts to schedule these needed
closures during the winter months when
the Charles River is iced over or during
the fall and spring when boating traffic
is minimal. 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 Charles River usually
begins in early May and concludes in
October. If a summer time closure is
needed, with the exception of an
emergency, we will coordinate with
MassDOT, the contractor, and the
Harbormaster to ensure that all
alternatives are explored, the duration is
of the shortest possible timeframe, and
a minimum of two weeks notification
has been given to the boating public via
Local Notice to Mariners, Safety Marine
Information Broadcast via marine
channel 16 (VHF–FM) and through the
Massachusetts Boating & Yacht Clubs
Associations 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),
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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.
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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.
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F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01 and
Environmental Planning COMDTINST
5090.1 (series), 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 North
Washington Street Bridge, Charles
River, Boston, Massachusetts, from
December 1, 2019 through December 31,
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 MassDOT and contractor to
schedule these closures during winter
months when there is no boating traffic
or during the spring and fall season
when boating traffic is minimal.
Normally, such actions are categorically
excluded from further review under
paragraph L60(a) of Table 3–1 of U.S.
Coast Guard Environmental Planning
Implementing Procedures 5090.1. 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
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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
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T01–0606 to read as
follows:
■
§ 165.T01–0606 Safety Zone, North
Washington Street Bridge Replacement
Project—Charles River, Boston, MA
(a) Location. The following area is a
safety zone: All navigable waters within
100 yards of the North Washington
Street Bridge, Charles River, Boston,
Massachusetts.
(b) Enforcement Periods. This rule is
enforceable from 12:01 a.m. on
December 1, 2019, to 11:59 p.m. on
December 31, 2023.
(c) Definitions. As used in this
section:
(1) Designated representative means
any Coast Guard commissioned,
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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 33 CFR
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 a designated
representative.
(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.
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Dated: August 28, 2019.
Eric. J. Doucette,
Captain, U.S. Coast Guard, Captain of the
Port Boston.
[FR Doc. 2019–19048 Filed 9–3–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 167
[USCG–2018–1058]
Extension of Comment Period for the
Port Access Route Study: Alaskan
Arctic Coast
Coast Guard, DHS.
Notice of extension of comment
AGENCY:
ACTION:
period.
The United States Coast
Guard is extending the comment period
for the notice of study and request for
comments for the Port Access Route
Study: Alaskan Arctic Coast that we
published on December 21, 2018. This
action will provide the public with
additional time and opportunity to
provide the Coast Guard with
information regarding the Port Access
Route Study: Alaskan Arctic Coast. The
comment period is extended until
January 30, 2020.
DATES: Comments and related material
must be received by the Coast Guard on
or before January 30, 2020.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–1058 using the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
SUMMARY:
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46501
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice,
please contact LCDR Michael Newell,
Seventeenth Coast Guard District (dpw),
at telephone number (907) 463–2263 or
email Michael.D.Newell@uscg.mil, or
Mr. David Seris, Seventeenth Coast
Guard District (dpw), at telephone
number (907) 463–2267 or email to
David.M.Seris@uscg.mil, or LT
Stephanie Bugyis, Seventeenth Coast
Guard District (dpw), at telephone
number (907) 463–2265 or email to
Stephanie.M.Bugyis@uscg.mil.
SUPPLEMENTARY INFORMATION: On
December 21, 2018, the Coast Guard
published a notice of study and request
for comments for the Port Access Route
Study: Alaskan Artic Coast (83 FR
65701). The comment period in that
document closed September 1, 2019. In
this action, the Coast Guard is providing
notice that the public comment period
is extended until January 30, 2020.
Documents mentioned in this notice,
and all public comments, are in our
online docket at https://
www.regulations.gov and can be viewed
by searching the docket number
‘‘USCG–2018–1058’’.
This notice is issued under authority
of 33 U.S.C. 1223(c) and 5 U.S.C. 552.
Dated: August 29, 2019.
Matthew T. Bell, Jr.,
Rear Admiral, U.S. Coast Guard, Commander,
Seventeenth Coast Guard District.
[FR Doc. 2019–19080 Filed 9–3–19; 8:45 am]
BILLING CODE 4910–15–P
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]]>Agencies
[Federal Register Volume 84, Number 171 (Wednesday, September 4, 2019)]
[Proposed Rules]
[Pages 46498-46501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19048]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
Docket Number USCG-2019-0606]
RIN 1625-AA00
Safety Zone, North Washington Street Bridge Replacement Project,
Charles River, Boston, 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 North Washington
Street Bridge, Charles River, Boston, Massachusetts, from December 1,
2019 through December 31, 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 North
Washington Street 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 October 4, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0606 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:
[[Page 46499]]
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
MassDOT Massachusetts Department of Transportation
II. Background, Purpose, and Legal Basis
Massachusetts Department of Transportation (MassDOT) notified
Sector Boston that there will be times in which the navigable channels
underneath the North Washington Street Bridge, Charles River, Boston,
Massachusetts, will need to be closed for the removal of the old bridge
spans, demolition of the swing span pier foundation, construction of
the abutment, and replacement of the span. The exact times are
currently unknown. However, every effort is being made by the MassDOT
and contractor to schedule these closures during the winter months when
the Charles River is iced over or during the fall and spring when
boating traffic is minimal.
The replacement project started in the summer of 2018 and is
expected to be completed in the spring of 2023. The COTP Boston
determined that the potential hazards associated with the removal of
the old bridge spans, demolition of the swing span pier foundation,
construction of the abutment, and replacement of the span will be a
safety concern for anyone within the work area. The proposed temporary
safety zone would be enforced during the removal of the old bridge
spans, demolition of the swing span pier foundation, construction of
the abutment, and replacement of the span 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
Massachusetts Boating & Yacht Clubs Associations network. The Coast
Guard will issue a Safety Marine Information Broadcast (SMIB) via
marine channel 16 (VHF-FM) seven days in advance of the commencement of
the proposed safety zone.
The purpose of this rulemaking is to protect personnel, vessels,
and the marine environment from potential hazards created during the
replacement project of the North Washington Street Bridge, Charles
River, Boston, 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 December 1, 2019, to 11:59 p.m. on December 31, 2023. The
safety zone would cover all navigable waters within 100 yards of the
North Washington Street Bridge, Charles River, Boston, 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 North Washington
Street Bridge, over the main channel at the entrance of the Charles
River, Boston, 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.
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, MassDOT and the contractor are making all attempts
to schedule these needed closures during the winter months when the
Charles River is iced over or during the fall and spring when boating
traffic is minimal. 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
Charles River usually begins in early May and concludes in October. If
a summer time closure is needed, with the exception of an emergency, we
will coordinate with MassDOT, the contractor, and the Harbormaster to
ensure that all alternatives are explored, the duration is of the
shortest possible timeframe, and a minimum of two weeks notification
has been given to the boating public via Local Notice to Mariners,
Safety Marine Information Broadcast via marine channel 16 (VHF-FM) and
through the Massachusetts Boating & Yacht Clubs Associations 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),
[[Page 46500]]
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 Environmental Planning COMDTINST 5090.1
(series), 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 North Washington Street Bridge, Charles River,
Boston, Massachusetts, from December 1, 2019 through December 31, 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
MassDOT and contractor to schedule these closures during winter months
when there is no boating traffic or during the spring and fall season
when boating traffic is minimal. Normally, such actions are
categorically excluded from further review under paragraph L60(a) of
Table 3-1 of U.S. Coast Guard Environmental Planning Implementing
Procedures 5090.1. 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
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: 46 U.S.C. 70034, 70051; 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 Sec. 165.T01-0606 to read as follows:
Sec. 165.T01-0606 Safety Zone, North Washington Street Bridge
Replacement Project--Charles River, Boston, MA
(a) Location. The following area is a safety zone: All navigable
waters within 100 yards of the North Washington Street Bridge, Charles
River, Boston, Massachusetts.
(b) Enforcement Periods. This rule is enforceable from 12:01 a.m.
on December 1, 2019, to 11:59 p.m. on December 31, 2023.
(c) Definitions. As used in this section:
(1) Designated representative means any Coast Guard commissioned,
[[Page 46501]]
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 33 CFR 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 a designated representative.
(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 28, 2019.
Eric. J. Doucette,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2019-19048 Filed 9-3-19; 8:45 am]
BILLING CODE 9110-04-P
