[Federal Register Volume 66, Number 46 (Thursday, March 8, 2001)]
[Rules and Regulations]
[Pages 13851-13853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-5602]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD1-01-024]
RIN 2115-AA97


Safety Zone: Fore River Bridge Repairs--Weymouth, MA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for

[[Page 13852]]

the Fore River (Route 3A) Bridge Repairs, starting February 21 and 
lasting until December 31, 2001, in Weymouth, MA. The safety zone is to 
ensure the safe operation of a fifty-five (55) foot wide crane barge 
underneath the Fore River Bridge in order to conduct repair operations, 
Monday through Saturday of each week in the effective time period and 
is necessary to protect maritime traffic in the area of the safety 
zone. The safety zone prevents vessels from approaching within thirty 
(30) feet of the barge.

DATES: This rule is effective from February 21 until December 31, 2001.

ADDRESSES: Documents as indicated in this preamble 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) Dave Sherry, 
Marine Safety Office Boston, Waterways Management Division, at (617) 
223-3000.

SUPPLEMENTARY INFORMATION:

Regulatory History

    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. Discussions were held with 
all interests most likely to be affected by this safety zone. These 
include Massachusetts Highway Department, TMC, Weymouth Fore River 
operators, barge and ferry companies, Massachusetts Coastal Zone 
Management, and recreational boater representatives. These interests 
agree that the parameters of the zone will not unduly impair business 
and unscheduled operations or transits of vessels. Therefore, notice 
and comment is unnecessary. Any delay encountered in this regulation's 
effective date would be unnecessary and contrary to public interest 
since immediate action is needed to protect marine traffic from bridge 
construction hazards while transiting a portion of the Fore River, 
Weymouth, Massachusetts, during the Fore River Bridge repair. This 
safety zone should have minimal impact on vessel transits due to the 
fact that the safety zone does not block the entire channel, procedures 
have been established for the movement of the construction barge should 
larger vessels that are unable to transit around the barge while in the 
channel need to transit the area, and advanced notice will be given 
through marine broadcasts.

Background and Purpose

    The safety zone allows The Middlesex Corporation (TMC) to place its 
fifty-five (55) foot wide crane barge in the Fore River underneath the 
Fore River Bridge to conduct repair operations, Monday through Saturday 
of each week from February 21 through December 31, 2001. It also 
prevents vessels from approaching within thirty (30) feet of the barge. 
On August 7, 2000, December 4 and 20, 2000, and January 8, 2001 the 
Coast Guard hosted planning meetings with Massachusetts Highway 
Department, TMC, Weymouth Fore River operators, barge and ferry 
companies, Massachusetts Coastal Zone Management, and recreational 
boater representatives. The meetings explored bridge repair options, 
and on February 12, 2001 a final group consensus was achieved on which 
this rule is based. Most marine traffic may transit safely outside of 
the safety zone during the repairs. In the event a large vessel should 
need to transit the channel, the TMC barge shall move upon request. 
Requests to move the barge should be made directly to TMC at 781-665-
3261 with as much advance notice as possible (at least 8 hours is 
preferred). 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.

Regulatory Evaluation

    This 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.
    Although this regulation prevents traffic from transiting a portion 
of the Weymouth Fore River during this event, the effect of this 
regulation will not be significant for several reasons: maritime 
interests, which frequently use the channel, have provided input into 
the scheduling of the bridge repairs, the safety zone does not block 
the entire channel, advanced notice will be given through marine 
broadcasts, and the construction barge will be required to move upon 
request for larger vessels unable to transit around it while in the 
channel.

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. 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 vessels intending to 
transit or anchor in a portion of the Weymouth Fore River between 
February 21 and December 31, 2001. This safety zone will not have a 
significant economic impact on a substantial number of small entities 
for the following reasons: The safety zone does not block the entire 
channel, advanced notice will be given through marine broadcasts, and 
the construction barge will be required to move upon request for larger 
vessels unable to transit around it while in the channel.

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

    The Coast Guard analyzed this 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 rule would 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,

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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

    The Coast Guard 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 rule 
and concluded that, under figure 2-1, (34)(g), of Commandant 
Instruction M16475.lC, this 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 section 165.T01-024 to read as follows:


Sec. 165.T01-024  Safety Zone: Fore River Bridge Repairs--Weymouth, 
Massachusetts.

    (a) Location. The following area is a safety zone:
    All waters of Boston Inner Harbor within a thirty (30) foot radius 
of the TMC construction barge located under the Fore River Bridge.
    (b) Effective Date. This section is effective from February 21 
until December 31, 2001.
    (c) Regulations. (1) In accordance with the general regulations in 
section 165.23 of this part, entry into or movement within this zone is 
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 20, 2001.
J.R. Whitehead,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 01-5602 Filed 3-7-01; 8:45 am]
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