[Federal Register Volume 65, Number 94 (Monday, May 15, 2000)]
[Rules and Regulations]
[Pages 30883-30885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12148]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD1-00-123]
RIN 2115-AA97


Safety Zone: Chelsea Street Bridge, Chelsea River, Chelsea, MA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Chelsea River surrounding the Chelsea Street Bridge. The safety zone 
temporarily closes all waters of the Chelsea River 100 yards upstream 
and 100 yards downstream from the centerline of the Chelsea Street 
Bridge. The safety zone is needed to protect vessels from the hazards 
posed during repairs to the bridge fender system.

EFFECTIVE DATES: This rule is effective from Tuesday, May 30, 2000, 
through Saturday, June 3, 2000, between 9 p.m. and 7:30 a.m. and from 
Monday, June 5, 2000 through Saturday, June 10, 2000 between 6 p.m. and 
5 a.m.

ADDRESSES: Comments and material received from the public, as well as

[[Page 30884]]

documents indicated in this preamble as being available in the docket, 
are part of docket CGD1-00-123 and are available for inspection or 
copying at Marine Safety Office Boston, 455 Commercial Street, Boston, 
MA between the hours of 8 a.m. and 3 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Brian Downey, Waterways 
Management Division, Coast Guard Marine Safety Office Boston, (617) 
223-3000.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    As authorized by 5 U.S.C. 553, the Coast Guard did not publish a 
Notice of Proposed Rulemaking (NPRM) for this regulation. Under 5 
U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not 
publishing a NPRM and for making this rule effective less than 30 days 
after publication in the Federal Register. Any delay in implementing 
this rule would be contrary to the public interest since immediate 
action is needed to close a portion of the Chelsea River and protect 
the maritime public from the hazards associated with bridge repair 
activities.

Background and Purpose

    The Chelsea Street Bridge over the Chelsea River, Chelsea, MA, 
requires repairs. During the repair evolution, barges will be moored in 
the center of the channel. Barge placement requires the closure of the 
waterway to ensure vessel safety during repairs to the bridge fender 
system.
    This regulation establishes a safety zone in all waters of the 
Chelsea River 100 yards upstream and 100 yards downstream from the 
centerline of the Chelsea Street Bridge. This safety zone prohibits 
entry into or movement within this portion of the Chelsea River. In an 
effort to maximize commerce during the channel closures, waterway user 
input was solicited at a March 9, 2000 meeting hosted by Marine Safety 
Office Boston. The meeting was attended by 13 stakeholders. The nature 
of the repair work to be conducted requires low tide conditions. The 
Coast Guard was able to balance this need with community demands 
through the aforementioned open forum, which arrived at a group 
consensus between marine operators, the bridge owner, construction 
contractor, and harbor pilots. A current safety zone under 33 CFR 
165.120 closes this same channel portion to vessels over 630.5 feet 
between sunset and sunrise. Therefore, the group, based on the 
contractor's recommendation, agreed upon the nightly closures. The 
duration of the safety zone will be from Tuesday, May 30, 2000 through 
Saturday, June 3, 2000, between 9 p.m. and 7:30 a.m. and from Monday, 
June 5, 2000 through Saturday, June 10, 2000 between 6 p.m. and 5 a.m. 
The Coast Guard will make Marine Safety Information Broadcasts 
informing mariners of this safety zone.

Regulatory Evaluation

    This final rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 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. It is not significant under the regulatory policies 
and procedures of the Department of Transportation (DOT)(44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
rule to be so minimal that a full regulatory evaluation under paragraph 
10e of the regulatory policies and procedures of DOT is unnecessary. 
This finding is based on the limited duration of the safety zone and 
limited commercial traffic expected in the area during the effective 
periods. Moreover, commercial operators will receive advance channel 
closure notification through Port Operators' Group meetings, Safety 
Marine Information Broadcasts and industry dissemination. The early 
notification will permit mariners ample time to alter voyage plans.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard considered whether this rule would have a significant economic 
impact on a substantial number of small entities. ``Small entities'' 
may include (1) small businesses and not-for-profit organizations that 
are independently owned and operated and are not dominant in their 
fields and (2) governmental jurisdictions with populations of less than 
50,000.
    The Coast Guard certifies under section 605(b) of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) that this rule will not have a 
significant impact on a substantial number of small entities.
    This rule will affect the following entities, some of which may be 
small entities: the owners or operators of vessels intending to transit 
or anchor in a portion of the Chelsea River from May 30, 2000 through 
June 3, 2000 between 9 p.m. and 7:30 a.m. and from June 5 through 10, 
2000 between 6 p.m. and 5 a.m.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: The 
Coast Guard will issue maritime advisories before the effective period 
that will be widely available to users of the river; and the closures 
are based on waterway user input.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard offered to 
assist small entities in understanding this final rule so that they 
could better evaluate its effects on them and participate in the 
rulemaking process. The Coast Guard coordinated a March 9, 2000 meeting 
of Chelsea River users to gain input and feedback about the channel 
closures. The group agreed upon the schedule provided.
    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).

Collection of Information

    This proposal calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    The Coast Guard has analyzed this rule under Executive Order 13132 
and has determined that this rule does not have federalism implications 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under E.O. 12630, Governmental Actions and 
Interference

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with Constitutionally Protected Property Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under E.O. 13045, Protection of Children 
from Environmental Health Risks and Safety Risks. This rule is not an 
economically significant rule and does not concern an environmental 
risk to health or risk to safety that may disproportionately affect 
children.

Environment

    The Coast Guard considered the environmental impact of this final 
rule and concluded that under Figure 2-1, paragraph 34(g), of 
Commandant Instruction M16475.1C, this rule is categorically excluded 
from further environmental documentation. A Categorical Exclusion 
Determination is available in the docket for inspection or copying 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

    For 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(g), 
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.


    2. Add temporary Sec. 165.T00-123 to read as follows:


Sec. 165.T00-123  Safety Zone: Chelsea Street Bridge, Chelsea River, 
Chelsea, MA

    (a) Location. The following area is a safety zone: All waters of 
the Chelsea River 100 yards upstream and 100 yards downstream from the 
centerline of the Chelsea Street Bridge.
    (b) Effective Dates. This rule is effective from Tuesday, May 30, 
2000 through Saturday, June 3, 2000 between 9 p.m. and 7:30 a.m. and 
Monday, June 5, 2000 through Saturday, June 10, 2000 between 6 p.m. and 
5 a.m.
    (c) Regulations. (1) Entry into or movement within this zone is 
prohibited unless authorized by the Captain of the Port, (COTP) Boston.
    (2) All persons and vessels shall comply with the instructions of 
the COTP or the designated on-scene U.S. Coast Guard patrol personnel. 
U.S. Coast Guard patrol personnel include commissioned, warrant, and 
petty officers of the U.S. Coast Guard.
    (3) The general regulations covering safety zones in Sec. 165.23 
apply.

    Dated: May 5, 2000.
J.R. Whitehead,
Captain, Coast Guard. Captain of the Port, Boston, Massachusetts.
[FR Doc. 00-12148 Filed 5-12-00; 8:45 am]
BILLING CODE 4910-15-P