[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)]
[Rules and Regulations]
[Pages 11123-11126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-04282]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-1059]
RIN 1625-AA00


Safety Zone; Moon Island--Long Island Bridge Demolition; Boston 
Inner Harbor, Quincy Bay; Quincy, MA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing two temporary safety zones 
within the Sector Boston, Captain of the Port (COTP) Zone on the 
navigable waters of the Boston Inner Harbor, Quincy Bay for the 
demolition of the Moon Island--Long Island Bridge, between Moon Island 
and Long Island, Boston, MA. This action is necessary to provide for 
the safety of life on navigable waters prior to and during demolition 
and removal of the bridge spans. Entering into, transiting through, 
remaining in, anchoring, or mooring within this safety zone is 
prohibited unless authorized by the Captain of the Port (COTP) Sector 
Boston.

DATES: This rule is effective without actual notice from 12:01 a.m. on 
March 2, 2015 until 11:59 p.m. on December 31, 2015. For the purposes 
of enforcement, actual notice will be used from the date the rule was 
signed, February 13, 2015, until March 2, 2015.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2014-1059 and are available online 
by going to http://www.regulations.gov, inserting USCG-2014-1059 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the 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, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, 
contact Mr. Mark Cutter, Coast Guard Sector Boston Waterways Management 
Division, telephone 617-223-4000, email [email protected]. If you 
have questions on viewing material related to the docket, call Cheryl 
Collins, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
COTP Captain of the Port
FR Federal Register
NPRM Notice of Proposed Rulemaking
NAD 83 North American Datum of 1983

A. Regulatory Information and Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM with respect to this rule 
because publishing an NPRM would be impracticable and contrary to the 
public interest. Sufficient information regarding the severe 
deteriorating condition of this bridge was only received by the City of 
Boston in October 2014 after an inspection was conducted in accordance 
with the new Federal Highways Administration (FHWA) guidelines. That 
inspection deemed the bridge unsafe for a live load rating for 
vehicular traffic, dropping the bridge below the minimum standards. 
Further, in January 2015, a 60 foot by 12 inch water main broke off the 
bridge above the navigational channel and fell into the channel. 
Although the pipe was later removed, the condition of the bridge 
remains a hazard.
    The demolition of the bridge will start immediately and will take 
approximate three to five months. Accordingly, there is insufficient 
time to publish an NPRM and solicit comments from the public before the 
demolition takes place. Thus, waiting for a comment period to run would 
inhibit the Coast Guard's ability to fulfill its mission to keep the 
ports and waterways safe.
    It is crucial to the operation of the waterway that this $21 
million-demolition project remains on schedule and is completed before 
the recreational boating season traffic starts. The commuter ferry 
service that transits between Weymouth-Hingham and Boston has adapted 
to another route, adding approximately 10 minutes of time to their 
scheduled runs. The contractor is expected to remove the 225 foot 
navigational span first, so that commuter ferries can resume transiting 
their normal route. The actual removal of the sixteen spans is complex 
and involves a combination of a controlled detonation and conventional 
demolition. If the bridge demolition project is delayed up it would 
have serious ramifications to the waterway stakeholders, especially 
during the summer boating season when it is heavily used by 
recreational boaters. Due to the dangers posed by the condition of the 
bridge and the controlled and conventional demolition of such a large 
structure over a waterway, the different safety zones are necessary to 
provide for the safety of any vessels transiting the area. For the 
safety concerns noted, it is in the public interest to have these 
regulations in effect immediately and during the demolition phases.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. For the same reasons discussed in 
the preceding paragraph, delaying the effective date of this rule would 
be impracticable and contrary to the public interest.

B. Basis and Purpose

    The legal basis for the temporary rule is 33 U.S.C., 1231, 46 
U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; Pub. L. 107-295, 
116 Stat. 2064; and Department of Homeland Security Delegation No. 
0170.1, which collectively authorize the Coast Guard to define 
regulatory safety zones.
    The temporary safety zones are being established to prohibit 
vessels from transiting the navigational channel until the span is 
permanently removed and from transiting in the vicinity of the existing 
Long Island Bridge during the bridge's demolition and removal.

C. Discussion of the Temporary Final Rule

    For the reasons discussed above, the COTP is establishing temporary 
safety zones in the vicinity of the Moon Island

[[Page 11124]]

Long Island Bridge to ensure the safety of vessels and other property 
from the hazards associated with the current condition of the bridge 
and the bridge demolition. The COTP Boston has determined that the 
actual condition of the bridge and the demolition of such a large 
structure over the waterway pose a significant risk to public safety 
and property. Hazards include the falling of parts from the 
deteriorated bridge to include large pieces of heavy metal, possible 
flying fragments from the controlled detonation and the obstructions to 
the waterway that may contribute to marine casualties, such as crane 
barges, work vessels, and construction equipment, and large pieces of 
debris falling into the water that may cause death or serious bodily 
harm. Establishing a safety zone around the location of the 
navigational channel until it is permanently removed and during the 
controlled detonation and the conventional demolition operations will 
help ensure the safety of vessels and other property and help minimize 
the associated risks.
    The Coast Guard has been coordinating with contractors and local 
stakeholders regarding the scope of the overall project. The 
stakeholders that may be affected by this rulemaking have been notified 
of the risks of transiting this navigational channel and have since 
modified their ferry routes. They also know the potential impacts to 
the waterway from this project.
    Vessels may enter or transit through the safety zones during the 
effective period if authorized by the COTP Boston or the designated 
representative.
    The COTP will cause notice of enforcement or suspension of 
enforcement of the safety zones to be made by all appropriate means to 
affect the widest distribution among the affected segments of the 
public. Such means of notification will include, but is not limited to, 
Broadcast Notice to Mariners and Local Notice to Mariners.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of 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, and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that Order. The Office of Management and Budget has not reviewed it 
under that Order.
    The Coast Guard determined that this rule is not a significant 
regulatory action for the following reasons: The safety zone for the 
navigational channel will be of limited duration, expecting to 
completed by the end February 2015, and the commuter ferries have 
already rerouted out of safety concerns with the previous falling 
debris from the bridge and have requested that the navigational bridge 
span be removed at the earliest stages of the project. This time of the 
season there is no recreational boating traffic.
    Persons and/or vessels may enter the safety zone if they obtain 
permission from the Coast Guard COTP, Boston.
    Notifications will be made to the local maritime community through 
the Local Notice to Mariners and Broadcast Notice to Mariners well in 
advance of the demolition.

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 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.
    For all of the reasons discussed in the Regulatory Planning And 
Review section, 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.
    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.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process. 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 Mr. Mark Cutter at the telephone 
number or email address indicated under the FOR FURTHER INFORMATION 
CONTACT section of this notice.
    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.

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 State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have 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 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

[[Page 11125]]

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 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 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 safety zone. 
This rule is categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of the Commandant Instruction. An environmental 
analysis checklist supporting this determination 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(g), 6.04-1, 6.04-6, and 160.5; 
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.2


0
2. Add Sec.  165.T01-1059 to read as follows:


Sec.  165.T01-1059  Moon Island--Long Island Bridge Demolition, Boston 
Inner Harbor--Quincy Bay, Massachusetts.

    (a) General. A temporary safety zone is established for the bridge 
demolition as follows:
    (1) Location. The following area is a safety zone: All navigable 
waters, from surface to bottom, within two hundred (200) yards of the 
Moon Island--Long Island Bridge, Boston Inner Harbor--Quincy Bay, MA, 
and enclosed by a line connecting the following points (NAD 83):

 
                 Latitude                             Longitude
 
42[deg]18'44'' N..........................  70[deg]58'40'' W; thence to
42[deg]18'33'' N..........................  70[deg]58'31'' W; thence to
42[deg]18'18'' N..........................  70[deg]59'10'' W; thence to
42[deg]18'29'' N..........................  70[deg]59'20'' W; thence to
                                             point of origin.
 

    (2) Effective and Enforcement Period. This rule will be effective 
and enforced from 12:01 a.m. on February 13, 2015 to 11:59 p.m. on 
December 31, 2015.
    (b) General. A temporary safety zone is established for the 
controlled detonation demolition phase as follows:
    (1) Location. The following area is a safety zone: All navigable 
waters, from surface to bottom, within approximately one thousand 
(1000) yards of the Moon Island--Long Island Bridge, Boston Inner 
Harbor--Quincy Bay, Massachusetts, and enclosed by a line connecting 
the following points (NAD 83):

 
                 Latitude                             Longitude
 
42[deg]18'38'' N..........................  70[deg]58'36'' W; thence to
42[deg]18'30'' N..........................  70[deg]57'37'' W; thence to
42[deg]17'44'' N..........................  70[deg]59'20'' W; thence to
42[deg]18'23'' N..........................  70[deg]59'14'' W; thence to
42[deg]18'41'' N..........................  70[deg]59'54'' W; thence to
42[deg]19'11'' N..........................  70[deg]58'43'' W; thence to
                                             point of origin.
 

    (2) Effective and Enforcement Period. This rule will be effective 
from 12:01 a.m. on February 13, 2015 to 11:59 p.m. on December 31, 
2015, however it will be enforced on the actual date(s) of the 
controlled detonation, to be determined at a later date. Coast Guard 
Sector Boston will give actual notice to mariners via Local Notice to 
Mariners and Broadcast Notice to Mariners
    (c) Regulations. While this safety zone is being 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 Captain of the Port (COTP), Sector Boston 
the COTP's representatives. However, any vessel that is granted 
permission by the COTP or the COTP's representatives must proceed 
through the area with caution and operate at a speed no faster than 
that speed necessary to maintain a safe course, unless otherwise 
required by the Navigation Rules.
    (2) Any person or vessel permitted to enter the security zone shall 
comply with the directions and orders of the COTP or the COTP's 
representatives. Upon being hailed by a U.S. Coast Guard vessel by 
siren, radio, flashing lights, or other means, the operator of a vessel 
within the zone shall proceed as directed. Any person or vessel within 
the security zone shall exit the zone when directed by the COTP or the 
COTP's representatives.
    (3) To obtain permissions required by this regulation, individuals 
may reach the COTP or a COTP representative via VHF channel 16 or 617-
223-5757 (Sector Boston Command Center) to obtain permission.
    (4) Penalties. Those who violate this section are subject to the 
penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 1226.
    (d) Notification. Coast Guard Sector Boston will give actual notice 
through the Local Notice to Mariners, Broadcast Notice to Mariners and 
to mariners for the purpose of enforcement of this temporary safety 
zone. Also, Sector Boston will notify the public to the greatest extent 
possible of any period in

[[Page 11126]]

which the Coast Guard will suspend enforcement of this safety zone.
    (e) COTP Representative. The COTP's representative may be any Coast 
Guard commissioned, warrant, or petty officer or any Federal, state, or 
local law enforcement officer who has been designated by the COTP to 
act on the COTP's behalf. The COTP's representative may be on a Coast 
Guard vessel, a Coast Guard Auxiliary vessel, a state or local law 
enforcement vessel, or a location on shore.

    Dated: February 13, 2015.
J.C. O'Connor III,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2015-04282 Filed 2-27-15; 8:45 am]
BILLING CODE 9110-04-P