Proposed Rule2025-16740
Safety Zone; Charles River, Boston, MA.
Primary source
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Published
September 2, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish a safety zone on the navigable waters of the Charles River, in Boston, Massachusetts. This safety zone would protect personnel, vessels, and the marine environment from potential hazards associated with a bridge replacement project that is expected to last approximately eight years. During periods when it is subject to enforcement, this rule would prohibit unauthorized vessels and individuals from entering the safety zone without permission from Sector Boston's Captain of the Port, or a designated representative.
Full Text
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<title>Federal Register, Volume 90 Issue 167 (Tuesday, September 2, 2025)</title>
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[Federal Register Volume 90, Number 167 (Tuesday, September 2, 2025)]
[Proposed Rules]
[Pages 42338-42342]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16740]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 90, No. 167 / Tuesday, September 2, 2025 /
Proposed Rules
[[Page 42338]]
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0365]
RIN 1625-AA00
Safety Zone; Charles River, Boston, MA.
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a safety zone on the
navigable waters of the Charles River, in Boston, Massachusetts. This
safety zone would protect personnel, vessels, and the marine
environment from potential hazards associated with a bridge replacement
project that is expected to last approximately eight years. During
periods when it is subject to enforcement, this rule would prohibit
unauthorized vessels and individuals from entering the safety zone
without permission from Sector Boston's Captain of the Port, or a
designated representative.
DATES: Comments and related material must be received by the Coast
Guard on or before October 2, 2025.
ADDRESSES: You may submit comments identified by docket number USCG-
2025-0365 using the Federal Docket Management System at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments. This notice of proposed rulemaking
with its plain-language, 100-word-or-less proposed rule summary will be
available in this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call, or email Mr. Timothy Chase, Sector Boston
Waterways Management Division, U.S. Coast Guard; telephone 617-447-
1620, email <a href="/cdn-cgi/l/email-protection#a0f4c9cdcfd4c8d98ef78ee3c8c1d3c5e0d5d3c3c78ecdc9cc"><span class="__cf_email__" data-cfemail="bce8d5d1d3c8d4c592eb92ffd4ddcfd9fcc9cfdfdb92d1d5d0">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port, Sector Boston
DHS Department of Homeland Security
FR Federal Register
FTA Federal Transit Administration
LNM Local Notice to Mariners
MA Massachusetts
MBTA Massachusetts Bay Transit Authority
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
The Massachusetts Bay Transportation Authority (MBTA) will be
replacing the North Station Draw One Bridge over the Charles River in
Boston, MA. As described on an MBTA North Station Drawbridge
Replacement website,\1\ the project includes the replacement of a
control tower, the extension of the bridge platform to include four to
six additional river-crossing bridge tracks, the connection of tracks
11 and 12 to the existing network, and upgrades to track, signal,
communications, and infrastructure. The Federal Transit Administration
(FTA) and the MBTA have prepared an Environmental Assessment (EA) under
the National Environmental Policy Act and, on January 16, 2025, the FTA
issued a FONSI (Finding of No Significant Impact) for the project. The
EA and FONSI are available at the MBTA website provided in footnote 1
of this Notice of Proposed Rulemaking (NPRM).
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\1\ <a href="https://www.mbta.com/projects/north-station-drawbridge-replacement">https://www.mbta.com/projects/north-station-drawbridge-replacement</a>.
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On April 22, 2025, the MBTA held a meeting with the Coast Guard to
present its construction plan for the demolition and replacement of the
superstructure and substructures of the MBTA North Station Draw One
Railroad Bridge spans and approach spans over the Charles River,
Boston, Massachusetts (MA). North Station is a major commuter and
intercity rail terminal in Boston, MA, which is served by four MBTA
commuter lines and the Amtrak Downeaster. Due to the complex
construction staging required to maintain service levels at North
Station, the MBTA anticipates that construction and demolition
activities for the project, which may begin as early as January 1,
2026, may take up to eight years to complete. Construction activities
may occur up to seven days a week, with primary work shifts scheduled
during the daytime from 7 a.m. to 3 p.m. Nighttime work may also take
place during certain phases, between 3 p.m. and 11 p.m., and 11 p.m. to
7 a.m.
In-river construction and demolition will involve removing eleven
caissons that previously supported the former Draw One Bridge piers.
Two cofferdams may be installed to facilitate this work. One cofferdam,
approximately 98 feet by 58 feet--would encapsulate eight caissons on
the north side of the channel, while the second, approximately 104 feet
by 27 feet, would surround the ``main deck beam pier'' and three
associated caissons on the south side. Cofferdam installation would be
conducted from a barge, prior to the construction of temporary work
trestles. Silt curtains or similar sediment control measures would be
used around the cofferdams during their removal, as needed.
Temporary work trestles, potentially in place for up to six years,
would be constructed following cofferdam installation. Construction
work would begin concurrently at multiple locations, starting with pile
driving for the trestles using barge-mounted equipment. Drilled shaft
construction for the lift span piers may also proceed simultaneously,
using similar barge-based methods. Multiple barges are anticipated for
various construction functions, including supporting cranes, storing
materials, and facilitating material delivery. Dredging is also
expected within the project area.
Demolition of the MBTA North Station Draw One Railroad Bridge will
likely involve cutting the steel trusses into sections, which would
then be lifted by crane and floated out by barge. Approximately 1,380
timber piles, along with the majority of construction and demolition
debris, will also be removed by barge.
The Coast Guard has coordinated with the MBTA to assess whether the
project can proceed without requiring channel closures and to
understand the potential impact on the project timeline. Fortunately,
most construction activities will not necessitate enforcement of the
[[Page 42339]]
safety zone or waterway closures. Certain critical tasks that must be
performed within the channel will, however, require enforcement of the
safety zone, effectively closing the waterway during those periods.
The extremely complex marine construction and demolition activities
described above present many hazardous conditions, including pile
driving operations, heavy lift operations, overhead cutting operations,
potential falling debris, increased construction vessel traffic, and
stationary vessels and barges operating in close proximity to the
bridge and to each other. These construction and demolition activities
are expected to impact navigation on the Charles River within a 100-
yard radius of the center point of the MBTA North Station Draw One
Railroad Bridge.
Based on these circumstances, the COTP, Sector Boston has
determined that establishment of a safety zone through rulemaking is
warranted to ensure the safety of life, property, and the environment
on the Charles River within a 100-yard radius of the center point of
the MBTA North Station Draw One Railroad Bridge during construction and
demolition operations.
The Coast Guard is proposing this rule under the authority provided
in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP, Sector Boston proposes to establish a safety zone on the
Charles River, in Boston, MA, within 100-yards of the center point of
the MBTA North Station Draw One Railroad Bridge, (approximate position
42[deg]22'08.5'' N 71[deg]03'55.0'' W expressed in Degrees ([deg])
Minutes (') Seconds ('') (DMS) based on North American Datum 1983 (NAD
83)), effective from January 1, 2026, through the completion of the
project. The project is expected to take up to eight years to complete.
We will remove the regulation when the project is completed, and the
safety zone is no longer needed.
BILLING CODE 9110-04-P
Figure 1: Small Scale Chartlet Showing the Position of the Proposed
Safety Zone
[GRAPHIC] [TIFF OMITTED] TP02SE25.000
[[Page 42340]]
Figure 2: Large Scale Chartlet Showing the Position of the Proposed
Safety Zone With a 100-Yard Safety Zone
[GRAPHIC] [TIFF OMITTED] TP02SE25.001
Figure 3: Large Scale Ariel Picture of the MBTA North Station Draw One
Railroad Bridge
[GRAPHIC] [TIFF OMITTED] TP02SE25.002
BILLING CODE 9110-04-C
[[Page 42341]]
This proposed rule will give the COTP, Sector Boston the authority
to prohibit vessel traffic, when necessary, within 100-yards of the
center point of the MBTA North Station Draw One Railroad Bridge for the
safety of vessels and workers during construction and demolition work.
The COTP, Sector Boston will provide notice of each enforcement period
via the LNM and issue a Broadcast Notice to Mariners (BNM) via marine
channel 16 (VHF-FM) as soon as practicable in response to an emergency
or hazardous condition.
When subject to enforcement, no unauthorized vessel or person would
be permitted to enter the safety zone without obtaining permission from
the COTP, Sector Boston or a designated representative. Requests for
entry into the safety zone would be considered and reviewed on a case-
by-case basis. Persons or vessels seeking to enter the safety zone must
request authorization from the COTP, Sector Boston or designated
representative via VHF-FM channel 16 or by phone at (856) 416-3015
(U.S. Coast Guard Sector Boston Command Center). If permission is
granted to enter this safety zone, persons and vessels must transit at
their slowest safe speed to minimize wake and comply with all lawful
directions issued by the COTP, Sector Boston or the designated
representative.
Enforcement of the safety zone resulting in a complete waterway
closure will be minimized to that period absolutely necessary and made
with advanced notice through the LNM, when possible. While marine
traffic will generally be maintained with partial channel closures
throughout most of the construction period, full channel closures will
be required for limited durations. During these full channel closures,
there will not be enough space for mariners to transit through the
safety zone between the construction vessels and the current bridge
piers.
The complete regulatory text we are proposing appears at the end of
this document.
IV. Regulatory Analyses
We developed this proposed 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.
A. 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
proposed 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, this proposed rule would not have a
significant economic impact on any vessel owner or operator for the
following reasons.
The Coast Guard anticipates that it will only need to fully close
the waterway for eight, one-week periods over the course of the eight
years, during periods of major construction or demolition that create
hazardous conditions necessitating a complete waterway closure. These
closures will be limited to the minimum duration necessary to ensure
safety. The Coast Guard anticipates that full waterway closures will
impact commercial ferries, tugs, barges, and recreation vessels. Some
of these affected owners or operators may be small entities. However,
the safety zone is not expected to have a significant economic impact
on a substantial number of these entities. Moreover, affected entities
may request permission from the COTP to transit through the safety zone
during closures.
Other than these eight, one-week periods and unexpected situations,
the Coast Guard only expects to partially close the waterway during the
eight-years. The safety zone will encompass a small, designated portion
of the navigable waters of the Charles River in Boston, MA--
specifically, within 100 yards of the center point of the MBTA North
Station Draw One Railroad Bridge. The Coast Guard will notify the
public of enforcement periods through LNM and BNM via VHF-FM Channel
16.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
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 proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed 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 proposed 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 proposed 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 proposed rule has implications for federalism or
Indian tribes, please call or email 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 proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1,
[[Page 42342]]
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 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 proposed rule
establishes a safety zone on the navigable waters of the Charles River,
within a 100-yard radius of the center point of the MBTA North Station
Draw One Railroad Bridge in Boston, MA, to support a bridge replacement
project and protect life, property, and the marine environment.
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. 1. A preliminary Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
V. 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.
Submitting comments. We encourage you to submit comments through
the Federal Docket Management System at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2025-0365 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 is
proposing to amend 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, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.4.
0
2. Add Sec. 165.115 to read as follows:
Sec. 165.115 Safety Zone; Charles River, Boston, MA.
(a) Regulated area. The following area is a safety zone: All
navigable waters from surface to bottom of the Charles River, Boston,
MA, within 100-yards of the center point of the MBTA North Station Draw
One Railroad Bridge, (approximate position 42[deg]22'08.5'' N
71[deg]03'55.0'' W expressed in Degrees ([deg]) Minutes (') Seconds
('') (DMS) based on North American Datum 1983 (NAD 83)).
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the Coast
Guard Northeast District Commander in the enforcement of the safety
zones. Local officer means any officer, agent, or employee of a unit of
local government authorized by law or by a local government agency to
engage in or supervise the prevention, detection, investigation, or
prosecution of any violation of criminal law.
(c) Regulations. When enforced, no vessel may enter or remain in
this safety zone except for the following:
(1) MBTA North Station Draw One Railroad Bridge replacement project
contractor vessels and barges.
(2) A vessel authorized by the Captain of the Port (COTP), Sector
Boston or a designated representative.
(d) Request for Permission. Individuals or vessels seeking to enter
the safety zone must obtain authorization from the COTP, Sector Boston
or an authorized representative. If granted permission, transit through
the safety zone must be conducted at the slowest safe speed to minimize
wake. Additionally, all lawful directions issued by the COTP, Sector
Boston or their representative, either via VHF-FM Channel 16 or by
phone at (856) 416-3015 (U.S. Coast Guard Sector Boston Command
Center), must be strictly followed.
(e) Effective and enforcement periods. This rule will be effective
on 12:01 a.m. on January 1, 2026. However, enforcement will only occur
during periods of active construction, demolition, or other activities
that pose a navigation hazard, as determined by the COTP, Sector
Boston. The COTP, Sector Boston will make notification of the exact
dates and times in advance of each enforcement period for the safety
zone in paragraph (a) of this section to the local maritime community
through the Local Notice to Mariners (LNM) and will issue a Broadcast
Notice to Mariners (BNM) via marine channel 16 (VHF-FM) as soon as
practicable in response to an emergency. Upon completion of the
project, enforcement of the safety zone will be suspended, with
notification provided through the LNM. The Coast Guard Northeast
District Local Notice to Mariners can be found at: <a href="http://www.navcen.uscg.gov">http://www.navcen.uscg.gov</a>.
Dated: August 27, 2025.
J.C. Frederick,
Captain, U.S. Coast Guard, Captain of the Port, Sector Boston.
[FR Doc. 2025-16740 Filed 8-29-25; 8:45 am]
BILLING CODE 9110-04-P
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