Federal Register / Vol. 66, No. 46 / Thursday, March 8, 2001 / Proposed Rules 13867

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD1–01–021]

RIN 2115–AA97

Safety Zone: McArdle Bridge Repairs—

Boston, MA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

establish a temporary safety zone for

repairs to the McArdle Bridge, during

seven 31⁄2 day closure periods between

April 2, 2001 and August 24, 2001, in

Boston, MA. The safety zone would

temporarily close all waters of Boston

Inner Harbor one hundred (100) yards

upstream and downstream from the

McArdle Bridge. The safety zone would

prohibit entry into or movement within

this portion of Boston Inner Harbor

during the closure periods and is

needed to allow The Middlesex

Corporation (TMC) to conduct repairs

on the McArdle Bridge.

DATES: Comments and related material

must reach the Coast Guard on or before

March 15, 2001.

ADDRESSES: You may mail comments

and related material to Marine Safety

Office Boston, 455 Commercial Street,

Boston, MA. Marine Safety Office

Boston maintains the public docket for

this rulemaking. Comments and

material received from the public, as

well as documents indicated in this

preamble as being available in the

docket, will become part of the docket

and will be available for inspection or

copying at Marine Safety Office Boston

between 8 a.m. and 3 p.m., Monday

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant (junior grade) Dave Sherry,

Marine Safety Office Boston, Waterways

Management Division, at (617) 223–

3006.

SUPPLEMENTARY INFORMATION:

Request for Information

We encourage you to participate in

this rulemaking by submitting

comments and related material. If you

do so, please include your name and

address, identify the docket number for

this rulemaking (CGD1–01–021),

indicate the specific section of this

document to which each comment

applies, and give the reason for each

comment. Please submit all comments

and related material in an unbound

format, no larger than 81⁄2 by 11 inches,

suitable for copying. If you would like

to know your comments reached us,

please enclose a stamped, self addressed

postcard or envelope. We will consider

all comments and material received

during the comment period. We may

change this proposed rule in view of

them.

Public Meeting

The Coast Guard plans to hold a

public meeting on March 1, 2001 at the

Tosco Terminal, located at 467 Chelsea

Street in East Boston, MA, to discuss the

scope of the bridge repairs and proposed

rule. For information regarding this

meeting contact LTjg Dave Sherry at the

address listed under ADDRESSES. If you

wish to hold additional meetings, you

may contact LTjg Dave Sherry with a

request in writing explaining why one

would be beneficial. If we determine an

additional meeting would aid in this

rulemaking, we will hold one at a time

and place announced by a later notice

in the Federal Register.

Background and Purpose

This regulation proposes to establish

a safety zone one hundred (100) yards

upstream and downstream of the

McArdle Bridge in Boston Harbor. The

safety zone would be in effect for seven

31⁄2 day periods spaced between 10 day

channel openings on the following dates

and times: from sunset on Monday,

April 2, 2001 until sunrise on Friday,

April 6, 2001; from sunset on Monday,

June 11, 2001 until sunrise on Friday,

June 15, 2001; from sunset on Monday,

June 25, 2001 until sunrise on Friday,

June 29, 2001; from sunset on Monday,

July 9, 2001 until sunrise on Friday, July

13, 2001; from sunset on Monday, July

23, 2001 until sunrise on Friday, July

27, 2001; from sunset on Monday,

August 6, 2001 until sunrise on Friday,

August 10, 2001, and from sunset on

Monday, August 20, 2001 until sunrise

on Friday, August 24, 2001. Two

contingency closures have been

scheduled and will be used if

previously scheduled closures need to

be cancelled due to weather or other

unavoidable events. The contingency

closures are scheduledfrom sunset on

Monday, September 3, 2001 until

sunrise on Friday, September 7, 2001;

and from sunset on Monday, September

17, 2001 until sunrise September 21,

2001.

The zone would restrict movement

within this portion of Boston Harbor

and is needed to allow TMC to conduct

repairs on the McArdle Bridge. The

Captain of the Port anticipates minimal

negative impact on vessel traffic due to

this event. Public notifications will be

made prior to the effective period via

safety marine information broadcasts

and local notice to mariners.

Regulatory Evaluation

This proposed 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 proposed rule

to be so minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary.

Although this proposed regulation

will prevent traffic from transiting a

portion of Boston Harbor during the

effective periods, the effects of this

regulation will not be significant due to

the extensive planning that took place

between marine and cargo stakeholders

and Coast Guard Marine Safety Office

Boston representatives. On November

30, 2000, December 14, 2000, and

January 4, 2001 the Coast Guard hosted

planning meetings with the City of

Boston Department of Public Works,

Massachusetts Highway Department,

TMC, Chelsea River vessel operators,

local barge companies, Massachusetts

Port Authority, Logan Airport

representatives and fuel suppliers, and

Chelsea River marine terminals. The

meetings explored bridge repair and

channel closure options. On January 4,

2001 a final group consensus was

achieved on which this proposed rule is

based. Other elements reducing vessel

impact include: the minimal time that

vessels will be restricted from the area

and the advance notifications which

will be made to the local maritime

community by safety marine

information broadcasts and local notice

to mariners.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), the Coast Guard

considered whether this proposed rule

would have a significant economic

impact on a substantial number of small

entities. The term ‘‘small entities’’

comprises small businesses, not-forprofit 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

13868 Federal Register / Vol. 66, No. 46 / Thursday, March 8, 2001 / Proposed Rules

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

vessels intending to transit or anchor in

a portion of Chelsea River between

April 2, 2001 and August 24, 2001,

during the designated 31⁄2 day closures.

This safety zone will not have a

significant economic impact on a

substantial number of small entities for

the following reasons: the minimal time

that vessels will be restricted from the

area and the advance notifications

which will be made to the local

maritime community by safety marine

information broadcasts and local notice

to mariners.

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.

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 wants to assist small

entities in understanding this proposed

rule so that they can better evaluate its

effects on them and participate in the

rulemaking. If the rule would affect your

small business, organization, or

governmental jurisdiction and you have

questions concerning its provisions or

options for compliance, please contact

LTjg Dave Sherry at the address listed

under ADDRESSES.

Collection of Information

This proposed rule would call 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

proposed rule under E.O. 13132 and has

determined that this rule does not have

implications for federalism 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 costs. This proposed

rule would not impose an unfunded

mandate.

Taking of Private Property

This proposed rule would 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 proposed 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

The Coast Guard analyzed this

proposed 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 proposed

rule and concluded that, under figure 2–

1, (34)(g), of Commandant Instruction

M16475.1C, this proposed rule is

categorically excluded from further

environmental documentation. A

‘‘Categorical Exclusion Determination’’

is available in the docket 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 the reasons discussed in the

preamble, the Coast Guard proposes to

amend 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, and 160.5;

49 CFR 1.

2. Add temporary § 165.T01–021 to

read as follows:

§ 165.T01–021 Safety Zone: McArdle

Bridge Repairs—Boston, Massachusetts

(a) Location. The following area is a

safety zone: All waters of Boston Inner

Harbor one hundred (100) yards

upstream and downstream of the

McArdle Bridge, Boston, MA.

(b) Effective Date. This section is

effective from sunset on Monday until

sunrise on Friday for the following

dates: April 2 until April 6, 2001; June

11 until June 15, 2001; June 25 until

June 29, 2001; July 9 until July 13, 2001;

July 23 until July 27, 2001; August 6,

until August 10, 2001, and August 20

until August 24, 2001.

(c) Regulations.

(1) In accordance with the general

regulations in section 165.23 of this

part, entry into or movement within this

zone will be prohibited unless

authorized by the Captain of the Port

Boston.

(2) All vessel operators shall comply

with the instructions of the COTP or the

designated on-scene U.S. Coast Guard

patrol personnel. On-scene Coast Guard

patrol personnel include commissioned,

warrant, and petty officers of the Coast

Guard on board Coast Guard, Coast

Guard Auxiliary, local, state, and federal

law enforcement vessels.

Dated: February 21, 2001.

J.R. Whitehead,

Captain, U.S. Coast Guard, Captain of the

Port, Boston, Massachusetts.

[FR Doc. 01–5601 Filed 3–7–01; 8:45 am]

BILLING CODE 4910–15–U

POSTAL SERVICE

39 CFR Part 20

International Customized Mail Service

AGENCY: Postal Service.

ACTION: Proposed rule.

SUMMARY: The U.S. Postal Service is

proposing to revise its regulations to

enable mailers to additionally qualify

for International Customized Mail (ICM)

service if they are capable, on an

annualized basis, of tendering at least

600 pieces of non letter-post mail

(including Global Priority Mail), or

paying at least $12,000 in international

non letter-post postage to the Postal

Service.

DATES: Comments regarding this

proposed regulatory change must be

received on or before April 9, 2001.

ADDRESSES: Written comments can be

mailed or hand delivered to the

Manager, International Marketing,

International Business, U.S. Postal

Service, 1735 North Lynn Street, Room

2018, Arlington, VA 22209–6020.

Copies of all written comments will be

available for public inspection between

9 a.m. and 4 p.m., Monday through

Friday, at the office of International

Business to which written comments

may be sent.

FOR FURTHER INFORMATION CONTACT:

Angus MacInnes, (703) 292–3601.