Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Rules and Regulations 45571 

VHF Channel 16. Vessel operators given 

permission to enter or operate in the 

safety zone must comply with all 

directions given to them by the Captain 

of the Port Buffalo, or his on-scene 

representative. 

Dated: September 5, 2018. 

Kenneth E. Blair, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Buffalo. 

[FR Doc. 2018–19562 Filed 9–7–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0575] 

RIN 1625–AA00 

Safety Zone; Boston Harbor’s 

Improvement Dredging Project, 

Boston, MA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary interim rule and 

request for comments. 

SUMMARY: The Coast Guard is 

establishing two temporary safety zones 

on the navigable waters of Boston 

Harbor. The first safety zone will be 

around any vessel, barge, or dredging 

equipment actively engaged in dredging 

operations, drilling, or blasting. The 

second safety zone will be around any 

blasting worksites. These safety zones 

are needed to protect personnel, vessels, 

and the marine environment from the 

potential hazards created by the 

dredging, drilling, and blasting 

operations in support of the U.S. Army 

Corps of Engineers Boston Harbor’s 

Improvement Dredging Project. When 

enforced, this regulation prohibits 

persons and vessels 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 

September 10, 2018 through August 31, 

2023. 

Comments and related material must 

be received by the Coast Guard during 

the effective period on or before 

December 10, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0575 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. You may submit comments 

identified by docket number USCG– 

2018–0575 using the Federal 

eRulemaking Portal at http://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion for further 

instructions on submitting comments. 

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 Mark.E.Cutter@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

TIR Temporary Interim Rule 

NPRM Notice of Proposed Rule Making 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On June 1, 2018, U.S. Army Corps of 

Engineers issued a notice allowing the 

Joint Venture of Cashman Dredging Inc. 

and Dutra Group to proceed with the 

improvement-dredging project of Broad 

Sound North Channel, Boston’s Inner 

Harbor Main Ship Channel, Conley 

Terminal including the turning basin or 

‘‘MSC Notch,’’ and President Roads 

Anchorage. The project consists of 

deepening Broad Sound North Channel 

to 51 feet below the surface, and 

Boston’s Inner Harbor Main Ship 

Channel, Conley Terminal including the 

turning basin or ‘‘MSC Notch,’’ and 

President Roads Anchorage each to 47 

feet below the surface. 

The project includes dredging 

approximately 11.7 million cubic yards 

of silt, blue clay, till and weathered rock 

from the Broad South North Channel, 

Boston’s Inner Harbor Main Ship 

Channel, Conley Terminal, and 

President Roads Anchorage. Most of the 

material dredged will be placed at the 

Massachusetts Bay Disposal Site 

(MBDS) approximately 20 miles 

offshore of Boston Harbor. A small 

fraction of the material dredged will be 

placed as a cap to the Main Ship 

Channel Confined Aquatic Disposal 

Cell, just downstream of the inner 

confluence of the Chelsea and Mystic 

Rivers. The initial phase of the dredge 

operation involves using mechanical 

dredges and does not involve any type 

of blasting or drilling operation. At 

some point, once the silt, blue clay, till 

and weathered rock have been removed, 

blasting or drilling may be needed to 

remove the hard rock. Whether blasting 

or drilling will be required, it will not 

be known until the top material has 

been removed and the contractor can 

locate the hard rock spots. The dredge 

operation has begun and will continue 

for 24 hours a day, seven days a week 

for approximately four years. The Coast 

Guard is publishing this rule to be 

effective, and enforceable, through 

August 31, 2023, in case the project is 

delayed due to unforeseen 

circumstances. If the project is 

completed prior to August 31, 2023, 

enforcement of the safety zones will be 

suspended and notice given via 

Broadcast Notice to Mariners, Local 

Notice to Mariners, or both. 

The Coast Guard is issuing this 

temporary interim 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 

NPRM with respect to this rule because 

doing so would be impracticable and 

contrary to the public interest. The 

notice allowing the dredging project to 

proceed and providing dates for the 

project was only recently finalized and 

provided to the Coast Guard, and timely 

action is needed to respond to the 

potential safety hazards associated with 

this dredging project. The late 

finalization of project details did not 

give the Coast Guard enough time to 

publish a NPRM, take public comments, 

and issue a final rule before dredging 

operations begin. It would be 

impracticable and contrary to the public 

interest to publish a NPRM because a 

safety zone must be established as soon 

as possible to protect the safety of the 

waterway users, construction crew, and 

other personnel associated with the 

dredging project. A delay of the 

dredging project to accommodate a full 

notice and comment period would delay 

necessary operations, result in increased 

costs, and delay the date when the 

dredging project is expected to be 

completed and reopen Boston Harbor 

for normal operations. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making it effective less than 30 days 

after publication in the Federal 

Register. For reasons stated in the 

preceding paragraph, delaying the 

effective date of this rule would be 

impracticable and contrary to the public 

interest because timely action is needed 

to respond to the potential safety 


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45572 Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Rules and Regulations 

hazards associated with the dredging 

project. 

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 a 

dredging project that has already 

commenced, and will continue through 

August 31, 2023. This rule is needed to 

protect personnel, vessels, and the 

marine environment on the navigable 

waters of Broad Sound North Channel, 

Boston’s Inner Harbor Main Ship 

Channel, Conley Terminal including the 

turning basin or ‘‘MSC Notch,’’ and 

President Roads Anchorage during the 

dredging project. 

IV. Discussion of Comments, Changes, 

and the Rule 

This rule establishes two safety zones 

that will continue through August 31, 

2023. 

The first safety zone will have a 100- 

yard radius centered on any vessel, 

barge, or dredging equipment while 

actively engaged in dredging operations, 

drilling, or blasting. If blasting is needed 

for hard rock, the second safety zone 

will have a 500-yard radius centered on 

the worksite on each day of blasting, to 

be established once explosives are laid 

and ready for detonation, and 

subsequently suspended once a 

successful detonation has been 

confirmed. The Coast Guard will notify 

the public and local mariners of this 

500-yard safety zone through 

appropriate means, which may include, 

but are not limited to, publication in the 

Local Notice to Mariners and Broadcast 

Notice to Mariners via marine Channel 

16 (VHF–FM) in advance of any 

enforcement. 

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, it 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 following reasons: (1) 

These safety zones will only impact a 

small designated area of the waterway at 

any given time; (2) vessels wishing to 

transit the waterway will have sufficient 

room to transit around the the safety 

zones; (3) dredging vessel(s) conducting 

operations will move out of the channel 

for deep draft vessels that need to pass 

through that area and deep draft vessel 

traffic will be well coordinated though 

daily communications with U.S. Army 

Corps of Engineers, Contractor, Ship 

Pilots, and the U.S. Coast Guard; (4) 

local lobstermen can still set pots in 

some areas of Boston harbor; (5) the 500- 

yd safety zone around blasting 

operations will only be enforced when 

blasting is in progress for short 

durations and with substantial public 

notice days in advance of enforcement 

through a Broadcast Notice to Mariners 

(BNM) via marine channel 16 (VHF– 

FM) of the exact location. The Coast 

Guard will place a notice in the Local 

Notice to Mariner (LNM); issue 

Broadcast Notice to Mariners (BNM) via 

marine channel 16 (VHF–FM), Safety 

Marine Information Port Bulletin, 

discuss updates at the monthly Boston 

Port Operators Group (POG) meeting, 

and at the Massachusetts Bay Harbor 

Safety Committee meetings. 

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– 

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 temporary interim 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 


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Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Rules and Regulations 45573 

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, which guides 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 rule involves the 

establishment of two safety zones on the 

navigable waters of Broad Sound North 

Channel, Boston’s Inner Harbor Main 

Ship Channel, Conley Terminal 

including the turning basin or ‘‘MSC 

Notch,’’ and President Roads 

Anchorage: (1) A 100-yard radius 

centered on any vessel, barge, or 

dredging equipment while actively 

engaged in dredging operations, drilling, 

or blasting. (2) If blasting is needed for 

hard rock, the second safety zone will 

have a 500-yard radius centered on the 

worksite on each day of blasting, to be 

established once explosives are laid and 

ready for detonation, and subsequently 

suspended once a successful detonation 

has been confirmed. 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 for 

Categorically Excluded Actions 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 

temporary interim 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. 

VI. 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 TIR 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 amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 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. 

■ 2. Add § 165.T01–0575 to read as 

follows: 

§ 165.T01–0575 Safety Zone; Boston 

Harbor’s Improvement Dredging Project, 

Boston, MA. 

(a) Location. The following areas are 

safety zones: All navigable waters from 

surface to bottom, within a 100-yard 

radius centered on any vessel, barge or 

dredging equipment while actively 

engaged in dredging operations, drilling, 

or blasting. All navigable waters from 

surface to bottom, within a 500-yard 

radius centered on the blasting worksite 

while setting up for blasting, during 

blasting, and in the immediate 

aftermath. 

(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 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 periods. This section 

is enforceable 24 hours a day through 

August 31, 2023. When enforced as 

deemed necessary by the COTP Boston, 

vessels will be prohibited from entering 

this safety zone unless granted 

permission from the COTP Boston or the 

COTP’s designated representative. 

(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) Upon being hailed by a U.S. Coast 

Guard vessel by radio, siren, flashing 

lights, or other means, the operator of a 

vessel must proceed as directed. 

(e) Penalties. Those who violate this 

section are subject to the penalties set 

forth in 33 U.S.C. 1232. 

Dated: September 5, 2018. 

Eric. J. Doucette, 

Captain, U.S. Coast Guard, Captain of the 

Port Boston. 

[FR Doc. 2018–19518 Filed 9–7–18; 8:45 am] 

BILLING CODE 9110–04–P 


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