Safety Zone, MBTA Railroad Bridge Replacement Project-Annisquam River, Gloucester, MA, 65677-65680 [2019-25859]
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listed in the FOR FURTHER INFORMATION
CONTACT, above.
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–
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 calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
D. Federalism and Indian Tribal
Government
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.
khammond on DSKJM1Z7X2PROD 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.
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F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01, U.S.
Coast Guard Environmental Planning
Policy COMDTINST 5090.1 (series) and
U.S. Coast Guard Environmental
Planning Implementation Procedures
(series) which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f). We
have made a 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 rule promulgates the
operating regulations or procedures for
drawbridges. This action is categorically
excluded from further review, under
paragraph L49, of Chapter 3, Table 3–1
of the U.S. Coast Guard Environmental
Planning Implementation Procedures.
Neither a Record of Environmental
Consideration nor a Memorandum for
the Record are required for this 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.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
Dated: September 13, 2019.
John P. Nadeau,
Rear Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
Editorial Note: This document was
submitted to the Office of the Federal
Register on November 25, 2019.
[FR Doc. 2019–25977 Filed 11–27–19; 8:45 am]
BILLING CODE 9110–04–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.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing 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
December 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
rule would prohibit vessels and persons
from being in the safety zone unless
authorized by the Captain of the Port
(COTP) Boston or a designated
representative.
SUMMARY:
This rule is effective from
December 1, 2019, through June 30,
2023.
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
DATES:
1. The authority citation for part 117
continues to read as follows:
ADDRESSES:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
■
2. Revise § 117.113 to read as follows:
§ 117.113
Tensaw River.
The draw of the CSX Transportation
Railroad bridge, mile 15.0 at Hurricane,
shall open on signal if at least ten-hoursnotice is given. The draw shall open at
the direction of the District Commander.
PO 00000
To view documents
mentioned in this preamble as being
available in the docket, go to the Federal
eRulemaking Portal at https://
www.regulations.gov. Type USCG–
2019–0023 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 about this
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:
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Federal Register / Vol. 84, No. 230 / Friday, November 29, 2019 / Rules and Regulations
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
MBTA Massachusetts Bay Transportation
Authority
NPRM Notice of proposed rulemaking
NAD 83 North American Datum 1983
§ Section
U.S.C. United States Code
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.
In response, on August 19, 2019, the
Coast Guard published a notice of
proposed rulemaking (NPRM) titled
‘‘Safety Zone, MBTA Railroad Bridge
Replacement Project—Annisquam
River, Gloucester, MA’’ (84 FR 42869).
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 September 18,
2019, we received zero comments.
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. This
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 temporary safety zone without
obtaining permission from the COTP
Boston or a designated representative.
The exact times of any waterways
closures 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 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 safety zones.
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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. This
rulemaking under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231).
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
COTP Boston and has determined that
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 or anyone
transiting within 100 yards of the MBTA
Railroad Bridge. The purpose of this
rule is to ensure the safety of vessels
and personnel within 100 yards of the
MBTA Railroad Bridge before, during,
and after the replacement of the
submarine cables, abutment
construction, and span replacement.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received zero
comments on the NPRM published
August 19, 2019. The only regulatory
text change in this rule is the start date
is moved from November 1, 2019 to
December 1, 2019. The contractor has
stated that they are behind schedule and
would not need the safety zone prior to
December 1, 2019.
This rule establishes a safety zone
from 12:01 a.m. on December 1, 2019, to
11:59 on June 30, 2023. While the safety
zone would be effective throughout this
period, it would 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 safety zone would include all
navigable waters within 100 yards of the
MBTA Railroad Bridge, at mile 0.7,
across the Annisquam River, Gloucester,
Massachusetts. During times of
enforcement, 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 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
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days in advance of the enforcement of
the safety zones.
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, the 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 temporary 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
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Federal Register / Vol. 84, No. 230 / Friday, November 29, 2019 / Rules and Regulations
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.
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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 received no comments
from the Small Business Administration
on this rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this
rule would not have a significant
economic impact on a substantial
number of small entities.
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 would not have a significant
economic 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–
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 would not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
VerDate Sep<11>2014
15:44 Nov 27, 2019
Jkt 250001
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 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 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
would not result in such an
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
F. Environment
Frm 00053
Fmt 4700
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.
It is 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
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
Marine safety, Navigation (water),
Reporting and record keeping
requirements, 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: 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.T01–0023 to read as
follows:
■
We have analyzed this 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
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 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
December 1, 2019 through June 30, 2023
for the replacement of the bridge. The
safety zone will only be enforced during
PO 00000
65679
Sfmt 4700
§ 165.T01–0023 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 period. This section
is enforceable from 12:01 a.m. on
December 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,
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Federal Register / Vol. 84, No. 230 / Friday, November 29, 2019 / Rules and Regulations
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 section.
(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 regulations in
paragraphs (d)(1) and (2) of this section,
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 section, individuals may reach the
COTP Boston or a COTP-designated
representative via Channel 16 (VHF–
FM) or 617–223–5757 (Sector Boston
Command Center).
(e) Penalties. Those who violate this
section are subject to the penalties set
forth in 33 U.S.C. 1232.
Dated: November 21, 2019.
Eric J. Doucette,
Captain, U.S. Coast Guard, Captain of the
Port Boston.
[FR Doc. 2019–25859 Filed 11–27–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 6
[Docket No. PTO–T–2019–0036]
RIN 0651–AD44
International Trademark Classification
Changes
United States Patent and
Trademark Office, Department of
Commerce.
ACTION: Final rule.
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AGENCY:
The United States Patent and
Trademark Office (USPTO) issues this
final rule to incorporate classification
changes adopted by the Nice Agreement
SUMMARY:
VerDate Sep<11>2014
15:44 Nov 27, 2019
Jkt 250001
Concerning the International
Classification of Goods and Services for
the Purposes of the Registration of
Marks (Nice Agreement). These changes
are listed in the International
Classification of Goods and Services for
the Purposes of the Registration of
Marks, which is published by the World
Intellectual Property Organization
(WIPO), and will become effective on
January 1, 2020.
DATES: This rule is effective on January
1, 2020.
FOR FURTHER INFORMATION CONTACT:
Catherine Cain, Office of the Deputy
Commissioner for Trademark
Examination Policy, (571) 272–8946,
TMFRNotices@uspto.gov.
SUPPLEMENTARY INFORMATION:
Purpose: As noted above, this final
rule incorporates classification changes
adopted by the Nice Agreement that will
become effective on January 1, 2020.
Specifically, this rule adds new, or
deletes existing, goods and services
from 7 class headings to further define
the types of goods and/or services
appropriate to the class.
Summary of Major Provisions: The
USPTO is revising § 6.1 in part 6 of title
37 of the Code of Federal Regulations to
incorporate classification changes and
modifications, as listed in the
International Classification of Goods
and Services for the Purposes of the
Registration of Marks (11th ed., ver.
2020) (Nice Classification), published by
WIPO, and that will become effective
January 1, 2020.
The Nice Agreement is a multilateral
treaty, administered by WIPO, which
establishes the international
classification of goods and services for
the purposes of registering trademarks
and service marks. As of September 1,
1973, this international classification
system is the controlling system used by
the United States, and it applies to all
applications filed on or after September
1, 1973, and their resulting registrations,
for all statutory purposes. See 37 CFR
2.85(a). Every signatory to the Nice
Agreement must utilize the
international classification system.
Each state party to the Nice
Agreement is represented in the
Committee of Experts of the Nice Union
(Committee of Experts), which meets
annually to vote on proposed changes to
the Nice Classification. Any state that is
a party to the Nice Agreement may
submit proposals for consideration by
the other members in accordance with
agreed-upon rules of procedure.
Proposals are currently submitted on an
annual basis to an electronic forum on
the WIPO website, commented upon,
modified, and compiled by WIPO for
PO 00000
Frm 00054
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further discussion and voting at the
annual Committee of Experts meeting.
In 2013, the Committee of Experts
began annual revisions to the Nice
Classification. The annual revisions,
which are published electronically and
enter into force on January 1 each year,
are referred to as versions and identified
by edition number and year of the
effective date (e.g., ‘‘Nice Classification,
10th edition, version 2013’’ or ‘‘NCL 10–
2013’’). Each annual version includes all
changes adopted by the Committee of
Experts since the adoption of the
previous version. The changes consist of
the addition of new goods and services
to, and deletion of goods and services
from, the Alphabetical List, and any
modifications to the wording in the
Alphabetical List, the class headings,
and the explanatory notes that do not
involve the transfer of goods or services
from one class to another. New editions
of the Nice Classification continue to be
published electronically and include all
changes adopted annually since the
previous version, as well as goods or
services transferred from one class to
another or new classes that are created.
The annual revisions contained in
this final rule consist of modifications to
the class headings that were
incorporated into the Nice Agreement
during the 29th Session of the
Committee of Experts, from April 29,
2019, through May 3, 2019. Under the
Nice Classification, there are 34 classes
of goods and 11 classes of services, each
with a class heading. Class headings
generally indicate the fields to which
goods and services belong. Specifically,
this rule adds new, or deletes existing,
goods and services from 7 class
headings, as further discussed in the
Discussion of Regulatory Changes. The
changes to the class headings further
define the types of goods and/or
services appropriate to the class. As a
signatory to the Nice Agreement, the
United States adopts these revisions
pursuant to Article 1.
Discussion of Regulatory Changes
The USPTO is revising § 6.1 as
follows:
In Class 10, the wording ‘‘the
disabled’’ is amended to ‘‘persons with
disabilities.’’
In Class 29, the wording ‘‘yoghurt’’ is
amended to ‘‘yogurt.’’
In Class 37, the wording ‘‘Building
construction’’ is amended to
‘‘Construction services.’’ The wording
‘‘repair;’’ is deleted where it appears as
a separate clause. The wording
‘‘installation services’’ is amended to
‘‘installation and repair services’’ and
the period after ‘‘services’’ is replaced
with a semi-colon. The wording
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]]>Agencies
[Federal Register Volume 84, Number 230 (Friday, November 29, 2019)]
[Rules and Regulations]
[Pages 65677-65680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25859]
-----------------------------------------------------------------------
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: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing 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 December 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 rule would prohibit vessels and persons
from being in the safety zone unless authorized by the Captain of the
Port (COTP) Boston or a designated representative.
DATES: This rule is effective from December 1, 2019, through June 30,
2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to the Federal eRulemaking Portal at https://www.regulations.gov. Type USCG-2019-0023 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 about this
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 65678]]
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
MBTA Massachusetts Bay Transportation Authority
NPRM Notice of proposed rulemaking
NAD 83 North American Datum 1983
Sec. Section
U.S.C. United States Code
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.
In response, on August 19, 2019, the Coast Guard published a notice
of proposed rulemaking (NPRM) titled ``Safety Zone, MBTA Railroad
Bridge Replacement Project--Annisquam River, Gloucester, MA'' (84 FR
42869). 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 September 18, 2019, we received zero
comments.
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. This 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
temporary safety zone without obtaining permission from the COTP Boston
or a designated representative.
The exact times of any waterways closures 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
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 safety zones.
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. This rulemaking under authority in 46
U.S.C. 70034 (previously 33 U.S.C. 1231).
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The COTP Boston and has determined that 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 or anyone transiting within 100 yards of the MBTA
Railroad Bridge. The purpose of this rule is to ensure the safety of
vessels and personnel within 100 yards of the MBTA Railroad Bridge
before, during, and after the replacement of the submarine cables,
abutment construction, and span replacement.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received zero comments on the NPRM published
August 19, 2019. The only regulatory text change in this rule is the
start date is moved from November 1, 2019 to December 1, 2019. The
contractor has stated that they are behind schedule and would not need
the safety zone prior to December 1, 2019.
This rule establishes a safety zone from 12:01 a.m. on December 1,
2019, to 11:59 on June 30, 2023. While the safety zone would be
effective throughout this period, it would 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 safety zone would include all
navigable waters within 100 yards of the MBTA Railroad Bridge, at mile
0.7, across the Annisquam River, Gloucester, Massachusetts. During
times of enforcement, 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 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 safety zones.
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, the 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 temporary 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
[[Page 65679]]
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 received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule would not have a significant economic
impact on a substantial number of small entities.
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 would not have a significant economic 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 1-888-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 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 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 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 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 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 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 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
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 December 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. It is
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
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
Marine safety, Navigation (water), Reporting and record keeping
requirements, 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: 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.T01-0023 to read as follows:
Sec. 165.T01-0023 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 period. This section is enforceable from 12:01 a.m.
on December 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,
[[Page 65680]]
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 section.
(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 regulations
in paragraphs (d)(1) and (2) of this section, 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 section, individuals may
reach the COTP Boston or a COTP-designated representative via Channel
16 (VHF-FM) or 617-223-5757 (Sector Boston Command Center).
(e) Penalties. Those who violate this section are subject to the
penalties set forth in 33 U.S.C. 1232.
Dated: November 21, 2019.
Eric J. Doucette,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2019-25859 Filed 11-27-19; 8:45 am]
BILLING CODE 9110-04-P
