[Federal Register Volume 85, Number 19 (Wednesday, January 29, 2020)]
[Rules and Regulations]
[Pages 5134-5136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01276]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0606]
RIN 1625-AA00


Safety Zone; North Washington Street Bridge Replacement Project--
Charles River, Boston, 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 100 yards of the North Washington Street 
Bridge, Charles River, Boston, Massachusetts, from February 1, 2020 
through December 31, 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 North Washington 
Street 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 February 1, 2020, through December 
31, 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-2019-0606 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:

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 Information and Regulatory History

    Massachusetts Department of Transportation (MassDOT) notified 
Sector Boston that there would be times in which the navigable channels 
underneath the North Washington Street Bridge, Charles River, Boston, 
Massachusetts, will need to be closed for the removal of the old bridge 
spans, demolition of the swing span pier foundation, construction of 
the abutment, and replacement of the span. The exact times are 
currently unknown. However, every effort is being made by MassDOT and 
the contractor to schedule these closures during the winter months when 
the Charles River is iced over or during the fall and spring when 
boating traffic is minimal.
    In response, on September 4, 2019, the Coast Guard published a 
notice of proposed rulemaking (NPRM) titled Safety Zone, North 
Washington Street Bridge Replacement Project--Charles River, Boston, MA 
(84 FR 46498--46501). 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 October 4, 2019,

[[Page 5135]]

we received one comment in favor of this regulation out of safety 
concerns.
    The replacement project started in the summer of 2018 and is 
expected to be completed in the spring of 2023. The COTP Boston 
determined that the potential hazards associated with the removal of 
the old bridge spans, demolition of the swing span pier foundation, 
construction of the abutment, and replacement of the span will be a 
safety concern for anyone within the work area. This temporary safety 
zone would be enforced during the removal of the old bridge spans, 
demolition of the swing span pier foundation, construction of the 
abutment, and replacement of the span 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 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 the 
Massachusetts Boating & Yacht Clubs Associations network. The Coast 
Guard will issue a Safety Marine Information Broadcast (SMIB) via 
marine channel 16 (VHF-FM) seven days in advance of the commencement of 
the temporary safety zone.
    The purpose of this rulemaking is to protect personnel, vessels, 
and the marine environment from potential hazards created during the 
replacement project of the North Washington Street Bridge, Charles 
River, Boston, Massachusetts. The Coast Guard is issuing 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 removal of the old bridge spans, demolition of the 
swing span pier foundation, construction of the abutment, and 
replacement of the span will be a safety concern for anyone within the 
work area or anyone transiting within 100 yards of the North Washington 
Street Bridge. The purpose of this rule is to ensure the safety of 
vessels and personnel within 100 yards of the North Washington Street 
Bridge before, during, and after removal of the old bridge spans, 
demolition of the swing span pier foundation, construction of the 
abutment, and replacement of the spans, or when other hazards to 
navigation arise.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment in favor of the temporary 
safety zone on the NPRM published September 4, 2019. The only 
regulatory text change in this rule is the start date is moved from 
December 1, 2019 to February 1, 2020. The contractor has stated that 
they are behind schedule and would not need the safety zone prior to 
February 1, 2020.
    This rule establishes a safety zone from 12:01 a.m. on February 1, 
2020, to 11:59 p.m. on December 31, 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 North Washington Street 
Bridge, Charles River, Boston, 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 
the Massachusetts Boating & Yacht Clubs Associations network. The Coast 
Guard will issue a Safety Marine Information Broadcast (SMIB) via 
marine channel 16 (VHF-FM) seven days in advance of the commencement of 
the temporary safety zone.

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, MassDOT and the 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.

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 
IV.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

[[Page 5136]]

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, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), 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 North Washington Street Bridge, Charles River, 
Boston, Massachusetts, from February 1, 2020 through December 31, 2023 
for the replacement of the bridge 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 MassDOT and the contractor to 
schedule these closures during winter months when there is no boating 
traffic or during the spring and fall season 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.T01-0606 to read as follows:


Sec.  165.T01-0606  Safety Zone; North Washington Street Bridge 
Replacement Project--Charles River, Boston, MA.

    (a) Location. The following area is a safety zone: All navigable 
waters within 100 yards of the North Washington Street Bridge, Charles 
River, Boston, Massachusetts.
    (b) Enforcement Periods. This rule is enforceable from 12:01 a.m. 
on February 1, 2020, to 11:59 p.m. on December 31, 2023.
    (c) 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 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 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 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: January 14, 2020.
Eric J. Doucette,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2020-01276 Filed 1-28-20; 8:45 am]
BILLING CODE 9110-04-P