69444 Federal Register / Vol. 65, No. 223 / Friday, November 17, 2000 / Rules and Regulations

DATES: This deviation is effective from

November 28, 2000, through November

30, 2000.

FOR FURTHER INFORMATION CONTACT: Judy

Yee, Project Officer, First Coast Guard

District, at (212) 668–7165.

SUPPLEMENTARY INFORMATION: The Perth

Amboy railroad bridge, at mile 0.5,

across the Raritan River has a vertical

clearance in the closed position of 8 feet

at mean high water and 13 feet at mean

low water. The existing drawbridge

operating regulations are listed at 33

CFR 117.747.

The bridge owner, New Jersey Transit

(NJTRANSIT), requested a temporary

deviation from the drawbridge operating

regulations to facilitate the inspection of

the bridge wedge mechanism system at

the bridge. This deviation to the

operating regulations allows

NJTRANSIT to keep the Perth Amboy

Bridge in the closed position from 10:30

a.m. on November 28, 2000 through 11

a.m. on November 30, 2000.

The bridge owner did not provide the

required thirty-day notice to the Coast

Guard for this deviation; however, this

deviation was approved because the

inspection/repairs are necessary in

order to keep the bridge operating and

prevent an unscheduled closure due to

component failure.

In accordance with 33 CFR 117.35(c),

this work will be performed with all due

speed in order to return the bridge to

normal operation as soon as possible.

This deviation from the operating

regulations is authorized under 33 CFR

117.35.

Dated: November 7, 2000.

Gerald M. Davis,

Captain, U.S. Coast Guard, Acting

Commander, First Coast Guard District.

[FR Doc. 00–29516 Filed 11–16–00; 8:45 am]

BILLING CODE 4910–15–U

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.

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,

Federal Register / Vol. 65, No. 223 / Friday, November 17, 2000 / Rules and Regulations 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 § 165.T00–240 to

read as follows:

§ 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 fourhour 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]

BILLING CODE 4910–15–P