[Federal Register Volume 84, Number 230 (Friday, November 29, 2019)]
[Rules and Regulations]
[Pages 65677-65680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25859]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0023]
RIN 1625-AA00
Safety Zone, MBTA Railroad Bridge Replacement Project--Annisquam
River, Gloucester, MA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
the navigable waters within 100 yards of the Massachusetts Bay
Transportation Authority (MBTA) Railroad Bridge, at mile 0.7, across
the Annisquam River, Gloucester, Massachusetts, from December 1, 2019,
through June 30, 2023. The temporary safety zone is necessary to
protect personnel, vessels and the marine environment from potential
hazards created during the replacement project of the MBTA Railroad
Bridge. When enforced, this rule would prohibit vessels and persons
from being in the safety zone unless authorized by the Captain of the
Port (COTP) Boston or a designated representative.
DATES: This rule is effective from December 1, 2019, through June 30,
2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to the Federal eRulemaking Portal at http://www.regulations.gov. Type USCG-2019-0023 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 about this
rulemaking, call or email Mark Cutter, Waterways Management Division,
U.S. Coast Guard Sector Boston, telephone 617-223-4000, email
[email protected].
SUPPLEMENTARY INFORMATION:
[[Page 65678]]
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
MBTA Massachusetts Bay Transportation Authority
NPRM Notice of proposed rulemaking
NAD 83 North American Datum 1983
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
The MBTA notified Sector Boston that there will be times in which
the narrow navigable channel underneath the MBTA Railroad Bridge,
Annisquam River, Gloucester, Massachusetts, will need to be closed for
the replacement of submarine cables, abutment construction, and span
replacement.
In response, on August 19, 2019, the Coast Guard published a notice
of proposed rulemaking (NPRM) titled ``Safety Zone, MBTA Railroad
Bridge Replacement Project--Annisquam River, Gloucester, MA'' (84 FR
42869). 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 September 18, 2019, we received zero
comments.
The replacement project started in the fall of 2018 and is expected
to be completed in December 2022. The COTP Boston determined that the
potential hazards associated with the replacement of the submarine
cables, abutment construction, and span replacement will be a safety
concern for anyone within the work area. This temporary safety zone
would be enforced during the replacement of the submarine cables,
abutment construction, and span replacement or when other hazards to
navigation arise. No vessel or person will be permitted to enter the
temporary safety zone without obtaining permission from the COTP Boston
or a designated representative.
The exact times of any waterways closures are unknown. However,
every effort is being made by the MBTA and contractor to schedule these
closures during the winter months when boating traffic is minimal. The
Coast Guard will notify the public of closures through the
Massachusetts Bay Harbor Safety Committee meetings, Boston's Port
Operators Group meetings, Local Notice to Mariners and through the
Gloucester Harbormaster's network. The Coast Guard will issue a Safety
Marine Information Broadcast (SMIB) via marine channel 16 (VHF-FM)
seven days in advance of the enforcement of the safety zones.
This rulemaking is to protect personnel, vessels, and the marine
environment from potential hazards created during the replacement
project of the MBTA Railroad Bridge, at mile 0.7, across the Annisquam
River, Gloucester, Massachusetts. This rulemaking under authority in 46
U.S.C. 70034 (previously 33 U.S.C. 1231).
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The COTP Boston and has determined that potential hazards
associated with the replacement of the submarine cables, abutment
construction, and span replacement will be a safety concern for anyone
within the work area or anyone transiting within 100 yards of the MBTA
Railroad Bridge. The purpose of this rule is to ensure the safety of
vessels and personnel within 100 yards of the MBTA Railroad Bridge
before, during, and after the replacement of the submarine cables,
abutment construction, and span replacement.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received zero comments on the NPRM published
August 19, 2019. The only regulatory text change in this rule is the
start date is moved from November 1, 2019 to December 1, 2019. The
contractor has stated that they are behind schedule and would not need
the safety zone prior to December 1, 2019.
This rule establishes a safety zone from 12:01 a.m. on December 1,
2019, to 11:59 on June 30, 2023. While the safety zone would be
effective throughout this period, it would only be enforced during
periods when work barges and cranes will be placed in the navigable
channel or when other hazards to navigation exist. Any closure is
expected to last less than two weeks. The safety zone would include all
navigable waters within 100 yards of the MBTA Railroad Bridge, at mile
0.7, across the Annisquam River, Gloucester, Massachusetts. During
times of enforcement, 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 of
closures through the Massachusetts Bay Harbor Safety Committee
meetings, Boston's Port Operators Group meetings, Local Notice to
Mariners and through the Gloucester Harbormaster's network. The Coast
Guard will issue a Safety Marine Information Broadcast (SMIB) via
marine channel 16 (VHF-FM) seven days in advance of the enforcement of
the safety zones.
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, the 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. There may be a
time during the boating summer season that the safety zone needs to be
enforced. However, the MBTA and contractor are making all attempts to
schedule these needed closures during the winter months. We expect the
adverse economic impact of this temporary rule to be minimal. 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 the boating season for vessels on the Annisquam usually
concludes in mid-October and consequently the amount of traffic in this
waterway during the effective period for the safety zone is limited to
a few commercial lobstermen. The Gloucester Harbormaster will be
allowing the lobstermen to moor their boats at the town docks on the
harbor entrance side during periods of enforcement, which will allow
the lobstermen to transit to their lobster gear with no impact. If a
summer time closure is needed, with the exception of an emergency, we
will coordinate with the MBTA, contractor, and Harbormaster to ensure
that all alternatives are explored, the duration is of the shortest
possible timeframe, and a minimum of two weeks notification
[[Page 65679]]
are given to the boating public via Local Notice to Mariners, Safety
Marine Information Broadcast via marine channel 16 (VHF-FM) and through
the Gloucester Harbormaster network.
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 received no comments from the Small Business
Administration on this rulemaking. 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 would not have a significant economic 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 1-888-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 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 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 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 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 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 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 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 temporary safety zone for the navigable waters
within 100 yards of the MBTA Railroad Bridge, at mile 0.7, across the
Annisquam River, Gloucester, Massachusetts, from December 1, 2019
through June 30, 2023 for the replacement of the bridge. The safety
zone will only be enforced during periods when work barges and cranes
will be placed in the navigable channel or when other hazards to
navigation arise. As discussed in our pre-construction meeting, any
closure is expected to be of less than a two-week duration and all
attempts are being made by the MBTA and contractor to schedule these
closures during winter months when boating traffic is minimal. It is
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
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
Marine safety, Navigation (water), Reporting and record keeping
requirements, 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: 46 U.S.C. 70034, 70051; 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 Sec. 165.T01-0023 to read as follows:
Sec. 165.T01-0023 Safety Zone; MBTA Railroad Bridge Replacement
Project--Annisquam River, Gloucester, Massachusetts.
(a) Location. The following area is a safety zone: All navigable
waters within 100 yards of the Massachusetts Bay Transportation
Authority (MBTA) Railroad Bridge, at mile 0.7, across the Annisquam
River, Gloucester, Massachusetts.
(b) Enforcement period. This section is enforceable from 12:01 a.m.
on December 1, 2019, to 11:59 p.m. on June 30, 2023.
(c) Definitions. As used in this section:
(1) Designated representative means any Coast Guard commissioned,
[[Page 65680]]
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 section.
(2) 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.
(d) Regulations. When this safety zone is enforced, the regulations
in paragraphs (d)(1) and (2) of this section, along with those
contained in Sec. 165.23 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 section, individuals may
reach the COTP Boston or a COTP-designated representative via Channel
16 (VHF-FM) or 617-223-5757 (Sector Boston Command Center).
(e) Penalties. Those who violate this section are subject to the
penalties set forth in 33 U.S.C. 1232.
Dated: November 21, 2019.
Eric J. Doucette,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2019-25859 Filed 11-27-19; 8:45 am]
BILLING CODE 9110-04-P