[Federal Register Volume 75, Number 191 (Monday, October 4, 2010)]
[Rules and Regulations]
[Pages 61096-61099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24773]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0886]
RIN 1625-AA00


Regulated Navigation Area; Reserved Channel, Boston Harbor, 
Boston, MA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a Regulated Navigation Area 
(RNA) in Boston Harbor, Reserved Channel, the Boston Marine Industrial 
Park and a portion of the Boston Inner Harbor shipping channel, Boston, 
Massachusetts, for the offload of six cranes from the barge CHICAGO 
BRIDGE to Conley Terminal in South Boston. This rule is intended to 
control entry to the Reserved Channel, establish operating conditions 
for those vessels allowed entry into the Reserved Channel and control 
the speed of all vessels transiting within the RNA. The RNA is 
necessary to protect participants and vessels from the hazards 
associated with the offload of these cranes.

DATES: This rule is effective in the Code of Federal Regulations from 
October 4, 2010 through November 15, 2010, and is effective with actual 
notice for purposes of enforcement beginning on September 20, 2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0886 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0886 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 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 rule, call or e-mail Lieutenant Commander Pamela P. Garcia, 
Waterways Management Division, Coast Guard; telephone 617-223-3028, e-
mail <a href="/cdn-cgi/l/email-protection#d989b8b4bcb5b8f789f79eb8abbab0b899acaababef7b4b0b5"><span class="__cf_email__" data-cfemail="3b6b5a565e575a156b157c5a4958525a7b4e48585c15565257">[email protected]</span></a>. If you have questions on viewing the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory 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. The Coast Guard was not provided with the 
logistics regarding the offload operation until September 8, 2010. This 
did not leave sufficient time to draft and publish an NPRM or take 
public comments, making prior notice and opportunity to comment 
impracticable without delaying the crane offloading. The crane 
offloading benefits a public agency, the Massachusetts Port Authority 
(Massport), and therefore it would be contrary to the public interest 
to delay the offloading to afford prior notice and opportunity to 
comment; it would also be contrary to the public interest to let the 
crane offloading proceed without establishing an RNA, because this 
would unnecessarily jeopardize public safety during the offloading.
    For the same reasons 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.

[[Page 61097]]

Basis and Purpose

    This temporary rule establishes the Reserved Channel, the Boston 
Marine Industrial Park and a portion of the Boston Inner Harbor 
shipping channel, Boston, Massachusetts, as a Regulated Navigation Area 
while the barge CHICAGO BRIDGE conducts crane offload operations at 
Conley Terminal, Berth 12, for the benefit of the Massachusetts Port 
Authority, a public agency. The offload evolution requires a sea state 
no greater than 1 foot. This RNA intends to control the movement of 
vessels within the regulated area to a no-wake speed or bare steerage, 
and have all vessels maintain a minimum distance of 100 yards in all 
directions from the barge CHICAGO BRIDGE. The RNA will protect those 
conducting the crane offload operation and the general maritime public 
from the dangers inherent in such an evolution. The Captain of the Port 
(COTP) anticipates minimal negative impact on vessel traffic due to the 
implementation of this RNA. Public notifications will be made prior to 
and during the enforceable period of the area via Safety Marine 
Information Broadcast.

Discussion of Rule

    This RNA has been established to safeguard the maritime public 
during the crane offload operation. The offload evolution is tide and 
weather dependent and requires two separate 12-hour periods to 
complete. These operational periods will be on two separate days, with 
at least a 48 hour break in between, determined to be the most suitable 
for safety to adjust equipment used to conduct the offload operations. 
If circumstances dictate and other operational periods are required, 
public notification will be made to the local maritime community 
through Local Notice to Mariners and Safety Broadcast Notice to 
Mariners.
    Due to the complexity and danger of the crane offload operation the 
Reserved Channel will be closed to those vessels that do not routinely 
conduct business within the Reserved Channel or maintain a permanent 
mooring that requires access through the channel. Deep-draft vessels 
not currently scheduled to call upon Conley terminal or Black Falcon 
terminal, properties owned by Massport, from September 20, 2010 thru 
November 15, 2010, must coordinate arrival schedules with Massport as 
soon as possible and prior to authorization into the Reserved Channel. 
Vessels transiting the RNA must do so at such a speed as to maintain 
bare steerage or not cause a wake. Vessels transiting the Reserved 
Channel must also maintain a minimum distance of 100 yards in all 
directions from the barge CHICAGO BRIDGE.
    The barge must be moored perpendicular to Conley terminal for 
offload, thus partially blocking the entrance to the Reserved Channel 
to deep-draft vessels. The offload will be coordinated around the 
dynamic schedules of surrounding deep-draft vessels to provide for 
limited disruption to the maritime industry. Prior to the offload of 
the cranes, the Coast Guard will be provided with proposed dates and 
times for approval, which will determine the RNA enforcement period. 
The RNA enforcement period will be announced via Safety Marine 
Information Broadcast. There will be a picket vessel within the RNA to 
provide notice of the RNA as well as to control vessel speed, vessel 
access to the Reserved Channel and to prevent any vessel not involved 
in the crane offload evolution from approaching to within 100 yards of 
the barge CHICAGO BRIDGE.

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.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. 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 RNA will be of limited 
duration, it covers only a small portion of the navigable waterway and 
vessel traffic can still transit within the RNA but at slow speed so as 
not to create a wake that would disrupt offload operations.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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 will 
not have a significant economic impact on a substantial number of small 
entities for the following reasons. This rule will be enforced only for 
two 12-hour periods, vessels will be able to continue to use the Boston 
Inner Harbor and the waters surrounding the Boston Marine Industrial 
Marine Park at such a speed as to maintain bare steerage or not cause a 
wake, and those vessels that routinely use the Reserved Channel will be 
able to continue to do so by passing safely around the barge CHICAGO 
BRIDGE at a minimum distance of 100 yards and at such a speed as to not 
cause a wake or maintain bare steerage. Before and during the 
enforcement periods, we will issue maritime advisories to users of 
Boston Harbor via the on-scene picket vessel as well as through Safety 
Marine Information Broadcasts.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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.

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).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

[[Page 61098]]

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.

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.

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.

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.

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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

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 
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 is categorically excluded, under figure 2-1, paragraph (34)(g), of 
the Instruction as this rule involves establishing a temporary RNA.
    An environmental analysis checklist and a categorical exclusion 
determination will be available in the docket where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures and Waterways.

0
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. 1226, 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, and 160.5; 
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.
0
2. Add Sec.  165.T01-0886 to read as follows:


Sec.  165.T01-0886  Regulated Navigation Areas: Reserved Channel, 
Boston Harbor, Boston, MA

    (a) Location. The following areas are Regulated Navigation Areas 
(RNAs):
    (1) All waters of the Reserved Channel, the Boston Marine 
Industrial Park and that portion of Boston Inner Harbor south of a line 
running from the North Jetty, at position 42[deg]20'49'' N, 
71[deg]01'23.6'' W, to Boston Main Channel Lighted Buoy 12 (LLNR 
10920), and west of a line running from Boston Main Channel Lighted 
buoy 12 to Boston Main Channel Lighted buoy 8 (LLNR 10905), and north 
of a line running from Boston Main Channel Lighted buoy 8 to Castle 
Island at position 42[deg]20'21.1'' N, 71[deg]00'35.1'' W.
    (2) Boston Harbor, Boston, Massachusetts, from surface to bottom 
while barge CHICAGO BRIDGE is involved in offload operations.
    (b) Effective Period. This rule is effective from September 20, 
2010, thru November 15, 2010.
    (c) Enforcement Period. This rule will be enforced during two 
separate 12-hour operational periods to be announced no less than 24 
hours in advance via a Safety Marine Information Broadcast. If 
circumstances dictate and other operational periods are required, 
public notification will be made to the local maritime community 
through Local Notice to Mariners and Safety Broadcast Notice to 
Mariners.
    (d) Definition. As used in this section, ``authorized 
representative'' means a Coast Guard Patrol Commander, including a 
Coast Guard coxswain, petty officer, or other officer operating a Coast 
Guard vessel or a Federal, State, or local officer designated by or 
assisting the COTP.
    (e) Regulations. The following restrictions apply to the two 12-
hour operational periods during which the RNA will be enforced:
    (1) Vessels must transit through the RNA at such a speed as to not 
cause a wake or maintain bare steerage;
    (2) Vessels that do not routinely conduct business within the 
Reserved Channel or maintain a permanent mooring which requires access 
through the Reserved Channel are not authorized within that portion of 
the RNA that lies within the Reserved Channel;
    (3) Deep-draft vessels not currently scheduled to call upon Conley 
terminal or Black Falcon terminal from September 20, 2010 thru November 
15, 2010 must coordinate arrival schedules with the Massachusetts Port 
Authority as soon as possible and prior to

[[Page 61099]]

authorization into that portion of the RNA that lies within the 
Reserved Channel; and
    (4) Vessels allowed to transit the Reserved Channel must maintain a 
minimum distance of 100 yards in all directions from barge CHICAGO 
BRIDGE.

    Dated: September 17, 2010.
Daniel A. Neptun,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2010-24773 Filed 10-1-10; 8:45 am]
BILLING CODE 9110-04-P


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