[Federal Register Volume 74, Number 54 (Monday, March 23, 2009)]
[Rules and Regulations]
[Pages 12089-12091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6186]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-1026]
RIN 1625-AA00


Safety Zone; Saugus River, Lynn, MA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is adopting the interim safety zone published 
on December 29, 2008, as a temporary final rule. This rule creates a 
safety zone for a portion of the Saugus River in Lynn, Massachusetts as 
requested by the Massachusetts Highway Department (MHD), to allow for 
vital repair work to commence on the Route 107/Fox Hill Bridge during 
the winter and spring months. This zone is necessary to protect 
mariners from the potential hazards associated with the work being 
conducted by the Commonwealth of Massachusetts in making critical 
repairs to the bridge while it is closed to transiting vessels and 
vehicular traffic.

DATES: Effective March 23, 2009, the interim rule amending 33 CFR Part 
165 which was published at 73 FR 79363 on 29 December, 2008 is adopted 
without change as a temporary final rule.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2008-1026 and are available online by going to 
http://www.regulations.gov, selecting the Advanced Docket Search option 
on the right side of the screen, inserting USCG-2008-1026 in the Docket 
ID box, pressing Enter, and then clicking on the item in the Docket ID 
column. This material is also available for inspection or copying at 
two locations: 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 and United States Coast 
Guard Sector Boston, 427 Commercial St, Boston, MA 02109 between 7 a.m. 
and 3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call Chief Petty Officer Eldridge McFadden, Waterways 
Management at 617-223-3000. If you have questions on viewing the 
docket, call Renee V.

[[Page 12090]]

Wright, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On December 29, 2008, we published an interim rule with request for 
comments entitled ``Safety Zone, Saugus River, Lynn, MA'' in the 
Federal Register (73 FR 79363). We did not receive any letters 
commenting on the interim rule. No public meeting was requested, and 
none was held.

Background and Purpose

    A meeting between the Coast Guard, local lobstermen, local marina 
operators, lobster purchasing agents, and the bridge owner, MHD, was 
held on September 10, 2008. The owner of the bridge presented 
engineering evidence of the poor condition of the bridge and the need 
to perform major bridge repairs during the winter months. It was 
concluded that in order to keep the bridge operating safely and 
reliably until the major repairs can commence, the number of bridge 
openings must be reduced to save wear and tear on the mechanical 
components. A temporary deviation from standard bridge operation was 
deemed necessary in order to insure that the bridge continues to 
operate in a safe and reliable manner until the major repairs can be 
made. No objection to the proposed temporary deviation schedule was 
voiced by interested parties. In a rulemaking supporting that decision, 
the Coast Guard published a temporary change to the Saugus Drawbridge 
Operation regulations (USCG-2008-0969) in the Federal Register on 
October 15, 2008 (73 FR 60954) allowing a deviation of the drawbridge 
operating guidelines. That regulation, effective from October 15, 2008 
through December 15, 2008, allowed the bridge to remain closed, opening 
on signal only on the half hour and hour.
    In addition, the long term repairs may only take place by closing 
the bridge to both vehicular and vessel traffic, and removing portions 
of the bridge for work. Massachusetts Highway Department must bring in 
a large crane barge in order to conduct work on the bridge. This barge 
will be crossing the river, effectively restricting the use of the 
river. Frequently moving the barge to allow vessel traffic to pass is 
contrary to the public interest as it would further delay the bridge 
repairs well into the summer months, which are the primary boating and 
fishing seasons in Massachusetts. In order the assist the local 
lobstermen, MHD proposed to install a temporary dock system on the 
downstream of the existing bridge to mitigate the impacts of closing 
the bridge and blocking the channel with a large work barge. During the 
meeting the lobstermen indicated that the proposed dates for the bridge 
closure and waterway restriction along with the installation of a 
temporary dock system would be a good compromise that would satisfy 
their needs and still allow the rehabilitation bridge repairs to be 
completed late May 2009.
    An additional meeting between the Coast Guard, town officials, 
harbormaster and MHD took place on December 4, 2008 at which time the 
MHD agreed to work with affected waterway users to remove the crane 
barge restricting the waterway on no more than six occasions during the 
repair process to allow vessels, that are able, to pass beneath the 
bridge while in a closed position.
    On December 10, 2008, Captain of the Port Boston signed an Interim 
Rule creating a safety zone upriver of the Route 107/Fox Hill Bridge on 
the Saugus River in Lynn, MA. That rule was subsequently published in 
the Federal Register on 29 December 2008 as (73 FR 79363). We did not 
receive comments on the interim rule.

Discussion of Rule

    The COTP Boston is adopting the currently effective interim rule, 
reflected in 33 CFR 165.T01-1026, as a temporary final rule. This rule 
establishes a safety zone that prohibits vessels from coming within 50 
yards of the upriver side of 107/Fox Hill Bridge in the Saugus River in 
Lynn, Massachusetts. While this safety zone has the practical effect of 
closing a portion of the waterway, the Captain of the Port anticipates 
minimal negative impact on vessel traffic because (1) Recreational 
boating traffic is limited this particular time of year, (2) the MHD 
has made alternate mooring and docking arrangements for the fishermen 
which typically dock on the up river side of the bridge, and (3) MHD 
will remove the crane barge restricting waterway access under the 
bridge on at least six occasions allowing vessel traffic, which may do 
so, to pass beneath the closed bridge. Public notifications will be 
made prior to and during the effective period via Local and Broadcast 
Notice to Mariners.

Regulatory Analyses

    We are adopting the interim rule as a temporary final 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 expects the economic impact of this temporary rule 
to be so minimal that a full Regulatory Evaluation is unnecessary. 
Although this rule may prevent traffic from transiting a portion of the 
Saugus River during the bridge repairs, the effect of this rule will 
not be significant for several reasons: Alternate arrangements for the 
offload and mooring of fishing vessels have been made, recreational 
boaters typically have their boats out of the water at this time of 
year in order to protect them from winter icing, MHD will remove the 
crane barge restricting waterway access on at least six occasions as 
requested by a waterway users (during which times vessel operators may 
request permission to transit through the safety zone promulgated by 
this rule), and continued notifications will be made to the local 
maritime community by broadcast and local notice to mariners.

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.
    This rule will affect the following entities, some of which may be 
small entities: The owners or operators of fishing and recreational 
vessels intending to transit or anchor in a portion of the Saugus River 
from midnight December 14, 2008 through midnight on May 15, 2009. This 
closure will not have a significant economic impact on a substantial 
number of small entities for the reasons described under the Regulatory 
Planning and Review section.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement

[[Page 12091]]

Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they could 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.

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 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 effect 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 0023.1 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 which 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.
    No comments relating to environmental issues were received in 
response to the Interim Rulemaking/Request for Comment, and no 
additional environmental concerns have been discovered in connection 
with this action. The final environmental analysis checklist and a 
categorical exclusion determination are 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, 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
For the reasons discussed in the preamble, under authority of 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; Public Law 107-295, 116 Stat. 
2064; Department of Homeland Security Delegation No. 0170.1., the 
interim rule amending 33 CFR 165.T01-1026 that was published at 73 FR 
79363 on 29 December, 2008 is adopted without change as a temporary 
final rule.

    Dated: February 17, 2009.
Gail P. Kulisch,
Captain, U.S. Coast Guard, Captain of the Port Boston.
 [FR Doc. E9-6186 Filed 3-20-09; 8:45 am]
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