[Federal Register Volume 83, Number 178 (Thursday, September 13, 2018)]
[Rules and Regulations]
[Pages 46392-46394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19746]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing 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 temporary 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.

DATES: This rule is effective from October 1, 2018 through April 30, 
2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0343 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 on this rule, 
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
TFR Temporary Final Rule

[[Page 46393]]

Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    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.
    In response, on July 17, 2018, the Coast Guard published a Notice 
of proposed rulemaking (NPRM) titled ``Safety Zone, S99 Alford Street 
Bridge-Emergency Grid Replacement Project, Mystic River, Charlestown 
and Everett, MA,'' (83 FR 33165). 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 August 16, 
2018, we received zero (0) comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231.
    The COTP Boston has determined that potential hazards exist 
associated with the emergency replacement of the steel grid deck on all 
four bascule spans of the S99 Alford Street Bridge. Potential hazards 
include the use of the waterway underneath the bridge to conduct heavy 
lift operations, as well as possible falling equipment and materials. 
This rule is needed to protect personnel, vessels, and the marine 
environment on navigable waters within 150-yards of the S99 Alford 
Street Bridge, at mile 1.4 on the Mystic River between Charlestown and 
Everett, Massachusetts, during these emergency repairs.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published on 
July 17, 2018. There are no changes to the regulatory text of this rule 
from the proposed rule in the NPRM.
    The rule establishes a safety zone enforceable 24 hours a day from 
12:01 a.m. on October 1, 2018, to 11:59 p.m. on April 30, 2019. The 
safety zone covers 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 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.
    The Coast Guard will notify the public about this safety zone 
through the Massachusetts Bay Harbor Safety Committee meetings, 
Boston's Port Operators Group meetings, and Local Notice to Mariners. 
Moreover, the Coast Guard will 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 will be given to the public to the greatest extent possible.

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, this 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. We expect the 
adverse economic impact of this rule to be minimal since 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 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.
    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 will 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 will allow vessels to 
seek permission to enter the zone when the channel is not being 
occupied 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 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 will not have a significant 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-

[[Page 46394]]

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 will 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 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. 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 will 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, which guides 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 establishing 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. It is categorically 
excluded from further review under paragraph L60(b) 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

    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; 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:
    (1) 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.
    (2) Official patrol vessel means any Coast Guard, Coast Guard 
Auxiliary, state, or local law enforcement vessel assigned or approved 
by the COTP Boston to enforce this section.
    (c) Enforcement Periods. 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: September 6, 2018.
Eric J. Doucette,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2018-19746 Filed 9-12-18; 8:45 am]
 BILLING CODE 9110-04-P