[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)]
[Proposed Rules]
[Pages 33165-33167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15183]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0343]
RIN 1625-AA00


Safety Zone, S99 Alford Street Bridge--Emergency Grid Replacement 
Project, Mystic River, Charlestown and Everett, MA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for the navigable waters within 150-yards of the S99 Alford Street 
Bridge, at mile 1.4 on the Mystic River between Charlestown and 
Everett, Massachusetts from October 1, 2018 through April 30, 2019. The 
safety zone is necessary to protect personnel, vessels and the marine 
environment from potential hazards created during the emergency 
replacement of the steel grid deck on all four bascule spans of the S99 
Alford Street Bridge. This proposed rule would prohibit vessels and 
persons from being in the safety zone unless authorized by the Captain 
of the Port Boston or a designated representative. We invite your 
comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before August 16, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0343 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Mark Cutter, Waterways Management 
Division, U.S. Coast Guard Sector Boston, telephone 617-223-4000, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On April 6, 2018, the City of Boston notified the Coast Guard that 
the Massachusetts Department of Transportation's Highways Division will 
be conducting emergency repairs to the S99 Alford Street Drawbridge at 
mile 1.4 on the Mystic River between Charlestown and Everett 
Massachusetts from May 2018 through the summer of 2019. The emergency 
repairs consist of replacing the steel grid bridge decking on all four 
bascule spans. To complete these repairs by the summer of 2019 and 
still maintain regional transportation, each side span of the bascule 
bridge will need to be closed at different times. To make the necessary 
repairs, workers will need to use barges in the waterway underneath the 
bridge span to access the side spans. Bridge span closures and use of 
the waterway underneath the bridge to effectuate the repairs are 
scheduled to commence on October 1, 2018, and be completed by April 30, 
2019.
    Hazards from bridge span closures and use of the waterway 
underneath include heavy lift operations, falling equipment and 
materials, and construction vessels. The Captain of the Port (COTP) 
Boston has determined that potential hazards associated with the bridge 
repairs would be a safety concern for anyone in or on Mystic River 
waters within 150-yards of the bridge. No vessel or person will 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 through the Massachusetts Bay Harbor Safety Committee 
meetings, Boston's Port Operators Group meetings, and Local Notice to 
Mariners. Moreover, the Coast Guard would issue a Safety Marine 
Information Broadcast via marine channel 16 (VHF-FM) fourteen (14) days 
in advance of the commencement of the Safety Zone. If the project is 
completed before April 30, 2019, enforcement of the safety zone will be 
suspended and notice given to the public to the greatest extent 
possible.
    The purpose of this rulemaking is to protect personnel, vessels and 
the marine environment from potential hazards created during repairs on 
the

[[Page 33166]]

S99 Alford Street Bridge, at mile 1.4 on the Mystic River between 
Charlestown and Everett Massachusetts. The Coast Guard proposes this 
rulemaking is under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The Coast Guard proposes to establish a safety zone starting at 
12:01 a.m. on October 1, 2018, and to make it effective to 11:59 p.m. 
on April 30, 2019. The safety zone would cover all navigable waters 
within 150-yards of the S99 Alford Street Bridge, at mile 1.4 on the 
Mystic River between Charlestown and Everett Massachusetts. The 
duration of the zone is intended to ensure the safety of vessels, the 
maritime public, construction workers, and these navigable waters 
during the repairs on the S99 Alford Street Bridge over the main 
channel of the Mystic River. No vessel or person would be permitted to 
enter the safety zone without obtaining permission from the COTP Boston 
or a designated representative.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and Executive orders and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM 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. We expect the 
adverse economic impact of this proposed rule to be minimal since we 
will provide ample notice of the safety zone effective dates and 
vessels will be able to enter 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 boating season for vessels on the Mystic River usually 
concludes around mid-October and consequently the amount of traffic in 
this waterway during the effective period for the safety zone is 
limited.
    This safety zone is of similar dimension and a shorter duration to 
the one established in 2011 (73916 FR/Vol. 77, NO. 239) for the 
original rehabilitation of the bridge. The regulatory text we are 
proposing appears at the end of this document.
    Notification of the emergency repairs to the Alford Street 
Drawbridge and the associated safety zone will be made to mariners 
through the Massachusetts Bay Harbor Safety Committee meetings, 
Boston's Port Operators Group meetings, and Local Notice to Mariners. 
Moreover, the Coast Guard would issue a Safety Marine Information 
Broadcast via marine channel 16 (VHF-FM) fourteen (14) days in advance 
of the commencement of the Safety Zone. The rule would allow vessels to 
seek permission to enter the zone when the channel is not being occupy 
by construction equipment.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule 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.
    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 proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01 and 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 made a preliminary 
determination that this action is one of a category of actions that do 
not individually or cumulatively have a significant effect on the human 
environment. This proposed rule

[[Page 33167]]

involves the establishment of a temporary safety zone extending 150 
yards around a bridge to complete emergency repairs to the S99 Alford 
Street Bridge during a seven month period when boating traffic is 
minimal on the Mystic River. Normally such actions are 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 preliminary 
Record of Environmental Consideration supporting this determination is 
available in the docket where indicated under ADDRESSES. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 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 a new Sec.  165.T01-0343 to read as follows:


Sec.  165.T01-0343   Safety Zone, S99 Alford Street Bridge--Emergency 
Grid Replacement Project, Mystic River, Charlestown and Everett MA.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Mystic River between Charlestown and Everett, 
Massachusetts from surface to bottom, within 150-yards of the S99 
Alford Street Bridge, at mile 1.4 on the Mystic River between 
Charlestown and Everett, Massachusetts.
    (b) Definitions. As used in this section--
    Designated representative means any Coast Guard commissioned, 
warrant, petty officer, or any federal, state, or local law enforcement 
officer who has been designated by the Captain of the Port (COTP) 
Boston, to act on his or her behalf. The designated representative may 
be on an official patrol vessel or may be on shore and will communicate 
with vessels via VHF-FM radio or loudhailer. In addition, members of 
the Coast Guard Auxiliary may be present to inform vessel operators of 
this regulation.
    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.
    (c) Enforcement period. This section is enforceable 24 hours a day 
from 12:01 a.m. on October 1, 2018, through 11:59 p.m. on April 30, 
2019. When enforced as deemed necessary by the COTP Boston, vessels 
will be prohibited from entering this safety zone during the emergency 
grid replacement on the bridge.
    (d) Regulations. The general regulations contained in 33 CFR 
165.23, as well as the following regulations, 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 regulation, individuals 
may reach the COTP Boston or a COTP designated representative via 
Channel 16 (VHF-FM) or 617-223-5757 (Sector Boston Command Center).
    (3) Penalties. Those who violate this section are subject to the 
penalties set forth in 33 U.S.C. 1232.

    Dated: July 11, 2018.
Eric. J. Doucette,
Captain, U.S. Coast Guard Captain of the Port Boston.
[FR Doc. 2018-15183 Filed 7-16-18; 8:45 am]
 BILLING CODE 9110-04-P