[Federal Register Volume 77, Number 164 (Thursday, August 23, 2012)]
[Rules and Regulations]
[Pages 50916-50919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-20828]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0767]
RIN 1625-AA00
Safety Zone; Boston Harbor's Rock Removal Project, Boston Inner
Harbor, Boston, MA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone within
Sector Boston's Captain of the Port (COTP) Zone for the drilling,
blasting, and dredging operation on the navigable waters of Boston
Inner Harbor, in the main ship channel near Castle Island. This
temporary safety zone is necessary to enhance navigation, vessel
safety, marine environmental protection, and provide for the safety of
life on the navigable waters during the drilling, blasting and dredging
operations in support of the U.S. Army Corps of Engineers rock removal
project. Entering into, transiting through, mooring or anchoring within
this safety zone is prohibited unless authorized by the COTP or the
designated on-scene representative.
DATES: This rule is effective in the CFR on August 23, 2012, until
September 30, 2012, and will be enforced daily from 5 a.m. to 8 p.m.
This rule is effective with actual notice for purposes of enforcement
beginning on August 13, 2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2012-0767. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' Box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with the rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation, West Building, 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
temporary final rule, call or email Mr. Mark Cutter, Coast Guard Sector
Boston Waterways Management Division, telephone 617-223-4000, email
[email protected]. If you have
[[Page 50917]]
questions on viewing or submitting material to the docket, call Renee
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port
A. Regulatory History 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 a notice of proposed rulemaking (NPRM) with
respect to this rule because critical information regarding the scope
of the event was not received from the U.S. Army Corps of Engineers
until July 15, 2012, providing insufficient time for the Coast Guard to
solicit public comments before the start date of the project. The U.S.
Army Corps of Engineers also discussed the rock removal project at the
Boston's Port Operators Group monthly meeting on July 15, 2012. The
Coast Guard hosted a meeting on August 2, 2012 inviting stakeholders
from the maritime industry in Boston Harbor to discuss and mitigate any
impacts this project will have on maritime community. The feedback from
the meeting was that this safety zone will have minimum impact on local
mariners based on the location and the fact that the majority of
boating traffic will be able to transit around the safety zone and that
the vessels involved in the rock removal operations will move as needed
for deep draft vessels. A delay or cancellation of the project in order
to accommodate a notice and comment period would be contrary to the
public interest because immediate action is necessary to ensure the
safety of the personnel involved in the rock removal project and any
public vessels in the vicinity of the drilling, dredging and blasting
operations being conducted. For the safety concerns noted, it is in the
public interest to have these regulations in effect during the rock
removal project.
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. Any delay in the effective date of
this rule would expose personnel involved in the rock removal project
and any public vessels in the vicinity to hazards associated with the
drilling, dredging and blasting operations.
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; 33 CFR 1.05-1, 6.04-1,
6.04-6, 160.5; Pub. L. 107-295, 116 Stat. 2064; and Department of
Homeland Security Delegation No. 0170.1, which collectively authorize
the Coast Guard to define safety zones.
The safety zone is being issued to provide for the safety of life
on the navigable waters during the drilling, blasting and dredging
operations in support of the U.S. Army Corps of Engineers rock removal
project.
C. Discussion of Final Rule
Starting August 13, 2012, daily from 5 a.m. to 8 p.m. until
September 30, 2012, the contractor Burnham Associates Inc. will be
conducting drilling, blasting and dredging operations in support of the
U.S. Army Corps of Engineers Boston Harbors main ship channel rock
removal project.
The COTP Boston has determined that hazards associated with the
drilling, dredging and blasting operations pose a significant risk to
safety of life on navigable waters. Establishing a safety zone around
the vessel conducting the drilling, blasting, and dredging will help
ensure the safety of the personnel involved in the rock removal project
and any public vessels in the vicinity, and help minimize the
associated risks with this project. This safety zone will establish a
100-yard radius around the vessel conducting the drilling, blasting and
dredging operations in various locations in Boston Harbor's main ship
channel near Castle Island. To ensure public safety, the safety zone
will be enforced only while the vessel is on scene conducting
operations involved in the rock removal project in Boston Harbor's main
ship near Castle Island.
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, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) Executive Order 12866 or under
section 1 of Executive Order 13563. The Office of Management and Budget
has not reviewed it under that Order.
The Coast Guard has determined that this rule is not a significant
regulatory action for the following reasons: The Coast Guard expects
minimal adverse impact to mariners from the activation of the zone;
vessels have sufficient room to transit around the safety zone; the
vessel conducting the operations will move out of the channel for deep
draft vessels that need to pass through that area and vessels may enter
or pass through the affected waterway with the permission of the
Captain of the Port (COTP) or the COTP's designated on-scene
representative; and notification of the safety zone will be made to
mariners through the local Notice to Mariners, Broadcast Notice to
Mariners in advance of the event.
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 entitles during 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
for the following reasons: vessels have sufficient room to transit
around the safety zone; the vessel conducting the operations will move
out of the channel for deep draft vessels that need to pass through
that area and vessels may enter or pass through the affected waterway
with the permission of the Captain of the Port (COTP) or the COTP's
designated on-scene representative; notification of the safety zone
will be made to mariners through the Local Notice to Mariners,
Broadcast Notice to Mariners well in advance of the event.
3. Assistance for Small Entities
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 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,
above.
[[Page 50918]]
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 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 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 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
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 concluded
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 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
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.
0
2. Add Sec. 165.T01-0767 to read as follows:
Sec. 165.T01-0767 Safety Zone; Boston Harbor's Rock Removal Project,
Boston Inner Harbor, Boston, MA.
(a) General. A temporary safety zone is established for the Boston
Harbor's Rock Removal Project as follows:
(1) Location. All navigable waters from surface to bottom, within a
100-yard radius around the vessel or vessels conducting drilling,
blasting, dredging, and other related operations related to rock
removal in Boston's Inner Harbor near Castle Island.
(2) Definitions. For the purposes of this section, ``Designated on-
scene representative'' is any Coast Guard commissioned, warrant, or
petty officer who has been designated by the Captain of the Port Boston
(COTP) to act on the COTP's behalf. The designated representative may
be on an Official Patrol Vessel. An ``Official Patrol Vessel'' may
consist of any Coast Guard, Coast Guard Auxiliary, state, or local law
enforcement vessels assigned or approved by the COTP or the designated
on-scene representative 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.
(3) Enforcement period. This rule will be effective from August 13,
2012 until September 30, 2012 and will be enforced daily from 5 a.m. to
8 p.m.
(b) Regulations. (1) The general regulations contained in 33 CFR
165.23, as well as the following regulations, apply.
(2) No vessels, except for participating or public vessels, will be
allowed to enter into, transit through, or anchor within the safety
zone without the
[[Page 50919]]
permission of the COTP or the designated on-scene representative.
(3) All persons and vessels shall comply with the instructions of
the COTP or the designated on-scene representative. Upon being hailed
by a U.S. Coast Guard vessel by siren, radio, flashing light, or other
means, the operator of a vessel shall proceed as directed.
(4) Vessel operators desiring to enter or operate within the
regulated area shall contact the COTP or the designated on-scene
representative via VHF channel 16 or 617-223-3201 (Sector Boston
command Center) to obtain permission.
Dated: August 13, 2012.
J.C. O'Connor, III,
Captain, U.S. Coast Guard,
Captain of the Port Boston.
[FR Doc. 2012-20828 Filed 8-22-12; 8:45 am]
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