[Federal Register Volume 78, Number 187 (Thursday, September 26, 2013)]
[Rules and Regulations]
[Pages 59237-59239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23523]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0876]
RIN 1625-AA11


Regulated Navigation Area--Weymouth Fore River, Fore River Bridge 
Construction, Weymouth and Quincy, MA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary regulated 
navigation area (RNA) on the navigable waters of Weymouth Fore River in 
the vicinity of the Fore River Bridge (Mile 3.5) between Weymouth and 
Quincy, MA. This rule will place temporary speed, wake, and entry 
restrictions on vessels during bridge replacement operations. This rule 
is necessary to provide for the safety of life in the vicinity of the 
Fore River Bridge during its construction.

DATES: This rule is effective from October 28, 2013 until December 31, 
2017.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2012-0876. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' Box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with the 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this Final 
rule, call or email Chief Petty Officer Craig D. Lapiejko, Waterways 
Management Division, U.S. Coast Guard First District, 617-223-8351, 
email [email protected] or, 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 Barbara Hairston, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
RNA Regulated navigation area

A. Regulatory History and Information

    On Friday, February 22, 2013 the Coast Guard published a notice of 
proposed rulemaking (NPRM) entitled ``Regulated Navigation Area--
Weymouth Fore River, Fore River Bridge Construction, Weymouth and 
Quincy, MA'' in the Federal Register (78 FR 12260). No comments were 
received. No public meeting was requested of the Coast Guard, and none 
was held.

B. Basis and Purpose

    The Fore River Bridge carries State Road 3A over the Weymouth Fore 
River from Quincy to Weymouth MA. In the 1990's, the original Fore 
River Bridge, which was built in 1936, was found to be deteriorated 
beyond the point of restoration. In 2003, a temporary bridge was built, 
and the old Fore River Bridge was removed. This temporary bridge will 
reach the end of its useable life span in 2018, and thus, the 
Massachusetts Department of Transportation (Mass-DOT) is taking current 
steps to have the temporary bridge removed and a new vertical 
replacement bridge constructed.
    The new Fore River Bridge will be located in the approximate 
location of the old Fore River Bridge. Bridge construction has already 
started and is expected to be done in 2017. As explained in the NPRM 
(78 FR 12260), the Coast Guard has consulted with J.F. White-Skanska 
Koch, the company responsible for the bridge construction project, and 
determined that certain aspects of the project will require closing the 
waterway.
    Specifically, the Coast Guard anticipates that the construction 
project will create serious navigational hazards over a few days in the 
winter of 2014-2015 while the new bridge lift span system is delivered 
and installed via barge. Also, the Coast Guard expects that the 
construction project will create serious navigational hazards during 
two separate four to six day periods in the fall of 2015 and the winter 
of 2016 while portions of the temporary bridge are removed.
    Because of the aforementioned navigational hazards, the Coast 
Guard's First District Commander has determined it necessary to 
establish, pursuant to his authority under the Ports and Waterways 
Safety Act, this RNA.

C. Discussion of Rule

    For all of the reasons discussed above, the Coast Guard's First 
District Commander is establishing this RNA. This establishes speed, 
wake, and entry restrictions on vessels in the vicinity of the Fore 
River Bridge when necessary for the safety of vessels and workers 
during construction work in the channel.
    This RNA will be effective until December 31, 2017. Although this 
rule will be effective continuously, the RNA will be enforced only 
intermittently. As discussed previously, the Coast Guard anticipates 
enforcing this RNA over a few days in the winter of 2014-2015 and 
during two separate periods in the fall of 2015 and the winter of 2016. 
The Coast Guard may enforce this RNA during other periods when 
necessary to mitigate navigational risks posed by the ongoing 
construction project.
    The Coast Guard will advertise the specific times and dates over 
which this RNA will be enforced in the Federal Register via a Notice of 
Enforcement. Also, the Coast Guard expects to publicize the enforcement 
times and dates via Local Notice to Mariners or Broadcast Notice to 
Mariners.
    The RNA will include all U.S. navigable waters surrounding the 
Weymouth Fore River bridge from surface to bottom, within the following 
points (NAD 83): from a line extending from 42[deg]14'46.392'' N, 
070[deg]58'2.964'' W, thence along a line 120[deg]T to 
42[deg]14'44.376'' N, 070[deg]57'52.992'' W, thence south along the 
shoreline to 42[deg]14'35.052'' N, 070[deg]57'59.364'' W, thence along 
a line 291[deg]T to 42[deg]14'38.58'' N, 070[deg]58'15.348'' W, thence 
north along the shoreline to the first point.
    During enforcement periods, entry into, anchoring, or movement 
within the RNA, is prohibited without authority of the Coast Guard's 
First District Commander, the Captain of the Port Boston (COTP), or the 
COTP's designated representative. Vessel operators desiring to enter or 
operate within the RNA during an enforcement period shall contact the 
COTP or the designated on-scene representative via VHF channel 16 or 
617-223-3201 (Sector Boston command Center) to obtain permission.
    Any vessels allowed to enter the RNA during an enforcement period 
must

[[Page 59238]]

operate at ``Slow-No Wake'' speed, must produce no more than a minimum 
wake, and must not operate at greater than three knots unless a higher 
minimum speed is necessary to maintain steerageway. In no case may the 
wake produced by a vessel within the RNA be such that it creates a 
danger of injury to persons or damage to vessels or structures of any 
kind.
    All persons and vessels permitted to operate within the RNA during 
periods of enforcement must comply with all orders and directions from 
the First District Commander, the COTP, or the COTP's designated 
representative. Likewise, such persons and vessels must proceed as 
directed when hailed by a Coast Guard vessel via siren, radio, flashing 
light or other means.
    Notwithstanding anything contained in this rule, the Rules of the 
Road (33 CFR part 84--Subchapter E, inland navigational rules) are 
still in effect and must be strictly adhered to at all times.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) Executive Order 12866 or under 
section 1 of Executive Order 13563. The Office of Management and Budget 
has not reviewed it under those Orders.
    The Coast Guard has determined that this rulemaking is not a 
significant regulatory action because this RNA will only be enforced 
when construction operations require such. Thus, restrictions on vessel 
traffic will be limited in duration. Furthermore, the size of the RNA 
was designed to minimize impact on vessel traffic, and thus, the RNA 
covers only a small portion of the navigable waterways. Moreover, entry 
into the RNA during enforcement periods may be authorized by the COTP 
Boston or designated representative. Finally, the Coast Guard will 
provide the boating public with notice of enforcement periods by 
publishing a Notice of Enforcement (NOE) in the Federal Register and 
through other appropriate means, such as publication in the Local 
Notice to Mariners and via Broadcast Notice to Mariners. For all of 
these reasons, the Coast Guard expects that this RNA will have minimal 
impact on the economy, will not interfere with other agencies, will not 
adversely alter the budget of any grant or loan recipients, and will 
not raise any novel legal or policy issues.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended requires federal agencies to consider the potential impact of 
regulations on small entitles 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 rule.
    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. This rule will affect the following entities, some of 
which may be small entities: the owners or operators of vessels 
intending to enter, transit, anchor or moor within the regulated areas 
during a vessel restriction period. However, the Coast Guard concludes 
that this RNA will not have a significant economic impact on a 
substantial number of small entities for all of the reasons discussed 
in the Regulatory Planning and Review section above.

3. Assistance for Small Entities

    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 above.

4. 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).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on 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 determined 
that it does not have implications for federalism.

6. 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 above to coordinate protest activities so 
that your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

7. 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 expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    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

[[Page 59239]]

responsibilities between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``Significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
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 regulated 
navigation area and thus, is categorically excluded from further review 
under, paragraph 34(g) of figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist and a categorical exclusion 
determination are 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 rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR Part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for Part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add Sec.  165.T01-0876 to read as follows:


Sec.  165.T01-0876  Regulated Navigation Area--Weymouth Fore River, 
Fore River Bridge Construction, Weymouth and Quincy, MA.

    (a) Location. The following is a regulated navigation area: all 
U.S. navigable waters surrounding the Weymouth Fore River bridge (Mile 
3.5), between Weymouth and Quincy, MA; from surface to bottom, within 
the following points (NAD 83): from a line extending from 
42[deg]14'46.392'' N, 070[deg]58'2.964'' W, thence along a line 
120[deg]T to 42[deg]14'44.376'' N, 070[deg]57'52.992'' W, thence south 
along the shoreline to 42[deg]14'35.052'' N, 070[deg]57'59.364'' W, 
thence along a line 291[deg]T to 42[deg]14'38.58'' N, 
070[deg]58'15.348'' W, thence north along the shoreline to the first 
point.
    (b) Effective and Enforcement Periods. This rule is effective from 
October 28, 2013 until December 31, 2017. This RNA will be enforced 
intermittently, depending on risks posed by the ongoing construction 
project. Periods of enforcement will be published in the Federal 
Register via a Notice of Enforcement and may be publicized via Local 
Notice to Mariners or Broadcast Notice to Mariners.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.10, 165.11, and 165.13 apply.
    (2) In accordance with the general regulations, entry into, 
anchoring, or movement within the RNA, during periods of enforcement, 
is prohibited unless authorized by the First District Commander, the 
Captain of the Port Boston (COTP), or the COTP's designated 
representative.
    (3) During periods of enforcement, entry and movement within the 
RNA is subject to a ``Slow-No Wake'' speed limit. Vessels within the 
RNA may not produce more than a minimum wake and may not attain speeds 
greater than three knots unless a higher minimum speed is necessary to 
maintain steerageway when traveling with a strong current. In no case 
may the wake produced by a vessel within the RNA be such that it 
creates a danger of injury to persons or damage to vessels or 
structures of any kind.
    (4) During periods of enforcement, all persons and vessels 
permitted to operate within the RNA must comply with all orders and 
directions from the First District Commander, the COTP, or the COTP's 
designated representative.
    (5) During periods of enforcement, all persons and vessels 
permitted to operate within the RNA must proceed as directed when 
hailed by a Coast Guard vessel by siren, radio, flashing light or other 
means.
    (6) Vessel operators desiring to enter or operate within the RNA 
during an enforcement period shall contact the COTP or the designated 
on-scene representative via VHF channel 16 or 617-223-3201 (Sector 
Boston command Center) to obtain permission.
    (7) Notwithstanding anything contained in this rule, the Rules of 
the Road (33 CFR part 84--Subchapter E, inland navigational rules) are 
still in effect and must be strictly adhered to at all times.

    Dated: September 13, 2013.
D.B. Abel,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2013-23523 Filed 9-25-13; 8:45 am]
BILLING CODE 9110-04-P