[Federal Register Volume 78, Number 21 (Thursday, January 31, 2013)]
[Proposed Rules]
[Pages 6782-6783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02080]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-1069]
RIN 1625-AA00


Safety Zone--Chelsea River, Boston Inner Harbor, Boston, MA

AGENCY: Coast Guard, DHS.

ACTION: Advance notice of proposed rulemaking; solicitation for 
comments.

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SUMMARY: The Coast Guard is soliciting public comment on the continued 
applicability of, or the need to amend an existing regulation; 33 CFR 
165.120, Safety Zone: Chelsea River, Boston Inner Harbor, Boston, MA. 
This advance notice allows the Coast Guard to gather information from 
the public and waterway stakeholders that use the Chelsea River that 
may result in an amendment to, or the disestablishment of, the existing 
regulation. Any proposed amendments should reflect the recent changes 
to the Chelsea Street Bridge and the modification of the surrounding 
navigational channel. The comments and recommendations received from 
this advanced notice may lead to future rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 31, 2013.
    Requests for additional public meetings must be received by the 
Coast Guard on or before March 18, 2013.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-1069 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Mr. Mark Cutter, Coast Guard Sector Boston 
Waterways Management Division, telephone 617-223-4000, email 
[email protected]. If you have questions on viewing or submitting 
material to the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

                            Table of Acronyms
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COTP......................................  Captain of the Port
DHS.......................................  Department of Homeland
                                             Security
FR........................................  Federal Register
NPRM......................................  Notice of Proposed
                                             Rulemaking
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A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2012-1069), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via www.regulations.gov, it will be considered received 
by the Coast Guard when you successfully transmit the comment. If you 
fax, hand deliver, or mail your comment, it will be considered as 
having been received by the Coast Guard when it is received at the 
Docket Management Facility. We

[[Page 6783]]

recommend that you include your name and a mailing address, an email 
address, or a telephone number in the body of your document so that we 
can contact you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number (USCG-2012-1069) in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing comments and documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number ``USCG-2012-1069'' in the ``SEARCH'' box and 
click ``Search.'' Click and Open Docket Folder on the line associated 
with this rulemaking. You may also visit the Docket Management Facility 
in Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. We have an agreement with the Department of Transportation to 
use the Docket Management Facility.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public meeting

    The Coast Guard will hold two public scoping meetings in order to 
expand the opportunity for public comment. We seek comments from any 
interested or effected stakeholders and encourage all stakeholders to 
attend these meetings. We will also provide a written summary of the 
meetings and comments and will place that summary in the docket. A 
teleconference phone number has been established for those who desire 
to participate, but are unable to attend the meetings in person; call 
toll free 1-877-672-3882, follow the instructions given on the phone 
and enter the following pass code 4890957 when prompted.
    For information on the facility or services for individuals with 
disabilities or to request special assistance at the public meeting 
contact Mr. Mark Cutter, Coast Guard Sector Boston Waterways Management 
Division, at telephone 617-223-4000 or via email at 
[email protected].

DATES: The public scoping meetings are currently planned for the 
following dates, to be held at U.S. Coast Guard Base Boston, 455 
Commercial Street, Boston, MA 02109:
     March 6, 2013, from 11:00 a.m. to 12:00 p.m.;
     April 24, 2013, from 11:00 a.m. to 12:00 p.m.

B. Background

    The original Chelsea Street Bridge was a bascule-type bridge owned 
by the City of Boston and constructed in 1939. It spanned the Chelsea 
River providing a means for vehicles to travel between Chelsea, MA and 
East Boston, MA. Several petroleum-product transfer facilities are 
located on the Chelsea River, upstream and downstream of the Chelsea 
Street Bridge. Transit of tank vessels through the bridge is necessary 
to access the petroleum facilities upstream of the bridge. The narrow, 
ninety-six foot horizontal span created a narrow passage through the 
bridge for larger vessels. Adding to the difficulty is the close 
proximity of neighboring shore structures and, at times, vessels moored 
at the Sunoco Logistics facility downstream of the bridge on the East 
Boston side. These factors led to the establishment of the present 
safety zone regulation which restricts certain vessel passage through 
the Chelsea Street Bridge based on vessel dimensional criteria, assist 
tug support, and daylight restrictions.
    Since the implementation of the regulations, physical changes have 
occurred within the confines of the safety zone. A new vertical lift 
span bridge with a 175 foot vertical clearance and a 175 foot 
horizontal navigable channel span has been constructed in place of the 
old Chelsea Street Bridge. The federal navigational channel has been 
expanded to a width of 175 feet. Six new permanent fixed lighted aids 
to navigation structures have been installed in the immediate area of 
the bridge to best mark the new channel.
    While the current regulations have provided an acceptable level of 
safety, it may be desirable to amend or disestablish the current 
regulation in light of the new bridge and navigational channel 
improvements within the area of the existing safety zone.

C. Information requested

    The Coast Guard is seeking comments pertaining to the existing 
safety zone in the vicinity of the Chelsea Street Bridge in light of 
the modified waterway. In particular, comments addressing the need and 
or relevancy of regulations governing vessel dimensional restrictions, 
assist tug requirements, and transits between sunset and sunrise are 
requested.
    Additionally, the Coast Guard welcomes input and possible solutions 
regarding any other navigational and waterway safety issue on the 
Chelsea River that is not currently addressed in the existing safety 
zone regulation.

    Dated: January 15, 2013.
J.C. O'Connor, III,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2013-02080 Filed 1-30-13; 8:45 am]
BILLING CODE 9110-04-P