[Federal Register Volume 65, Number 223 (Friday, November 17, 2000)]
[Rules and Regulations]
[Pages 69444-69445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29517]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD1-00-240]
RIN 2115-AA97


Safety Zone: Andrew McArdle (Meridian 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 for the Andrew McArdle Bridge repairs in all waters 100 
yards upstream and 100 yards downstream from the bridge location. The 
safety zone temporarily requires a four-hour advance notification by 
vessels wishing to transit through the zone. The safety zone is needed 
to protect vessels from the hazards posed during repairs to the bascule 
floor beams and bridge fender system. It is also needed to allow 
sufficient time to move the construction barges in and out of the 
channel for vessel transits during the repair period.

DATES: This rule is effective from Wednesday, October 18, 2000, through 
Friday, December 8, 2000.

ADDRESSES: Documents as indicated in this preamble are part of docket 
CGD1-00-240 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 (Junior Grade) David 
Sherry, Waterways Management Division, Coast Guard Marine Safety Office 
Boston, (617) 223-3000.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    Pursuant to 5 U.S.C 553, a notice of proposed rulemaking (NPRM) was 
not published for this regulation. Good cause exists for not publishing 
a NPRM and for making this regulation effective in less than 30 days 
after Federal Register publication. Conclusive information about this 
event was not provided to the Coast Guard until October 12, 2000, 
making it impossible to publish a NPRM or a final rule 30 days in 
advance of its effective date. Any delay encountered in this 
regulation's effective date would be unnecessary and contrary to public 
interest since immediate action is needed to regulate a portion of the 
Chelsea River and protect the maritime public from the hazards 
associated with bridge repair activities. Additionally, the repair 
activity takes place only on weekdays from 6:30 a.m. until 5 p.m. and 
does not close the channel to users.

Background and Purpose

    The Andrew McArdle Bridge over the Chelsea River, Chelsea, MA, 
fender system and bascule floor beams require repairs. During the 
repair evolution, barges will be moored in the center of the channel. 
Barge placement requires a four-hour advance notice by vessels wishing 
to transit the area, to ensure vessel safety.
    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 Andrew McArdle Bridge. This safety zone prohibits 
entry into or movement within this portion of the Chelsea River without 
a four hour advance notice given to personnel on scene. In an effort to 
maximize commerce during the closures, waterway users were invited to 
provide input at meetings on the following dates: August 11, 17, 24, 
and 31, September 7, 14, 21, and 28, and October 5, 2000. The meetings, 
hosted by Marine Safety Office Boston, were attended by stakeholders 
and promoted a consensus of the most favorable requirements for bridge 
repair efforts during the effective period.
    The repair work requires a four hour advance notice for passage to 
minimize lost work time due to setting up, cleaning the site, and 
assuring safety for ship traffic. The Coast Guard was able to balance 
this need with community demands through the aforementioned open forum. 
The group arrived at a consensus between marine operators, the bridge 
owner, Massachusetts State Highway officials, and construction 
contractor. The expected duration of the safety zone will be from 
Wednesday, October 18, 2000 through Friday, December 8, 2000. During 
the effective dates, the channel will be open with construction on 
going, but a four-hour notice is required for vessel passage. Notice 
shall be given to the Andrew McCardle Bridge bridge tender via VHF 
channel 13. The bridge tender will convey the notice of passage to the 
construction barge operator. Smaller vessels that can navigate the area 
without requiring the barges to move are not required to give this 
notice. The Coast Guard will make Marine Safety Information Broadcasts 
and Local Notice to Mariners announcements 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,

[[Page 69445]]

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 between October 9, 2000 
through December 8, 2000.
    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 meetings on August 11, 
17, 24, and 31; September 7, 14, 21, and 28, and October 5, 2000, 
involving Chelsea River users to gain input and feedback on the 
construction. The group organized and 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 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 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 pose 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.T00-240 to read as follows:


Sec. 165.T00-240  Safety Zone: Andrew McArdle 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 Andrew McArdle Bridge.
    (b) Effective Dates. This section is effective Wednesday, October 
18, 2000 through Friday, December 8, 2000.
    (c) Regulations.
    (1) The channel will be open with construction on going with a 
four-hour notice to the Andrew McCardle Bridge bridge tender on VHF 
channel 13 required for vessel passage.
    (2) Entry into or movement within this zone is prohibited without 
four-hour notification to the Andrew McCardle Bridge bridge tender, 
unless authorized by the Captain of the Port Boston.
    (3) 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.
    (4) The general regulations covering safety zones in section 165.23 
of this part apply.

    Dated: October 18, 2000.
J.R. Whitehead,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 00-29517 Filed 11-16-00; 8:45 am]
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