[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Rules and Regulations]
[Pages 26105-26106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13165]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD01-96-033]
RIN 2115-AE84


Regulated Navigation Area: Boston Harbor, Long Island Bridge, 
Boston, MA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule with request for comments.

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SUMMARY: The Coast Guard is establishing a temporary Regulated 
Navigation Area (RNA) in the waters surrounding the Long Island Bridge, 
Boston Harbor, Boston, MA. Maintenance and repair work is being 
conducted to ensure bridge integrity. This RNA will increase safety by 
requiring all vessels in the regulated area to operate at a no-wake 
speed.

EFFECTIVE DATES: This temporary final rule is effective May 7, 1996, 
until October 31, 1996, Monday through Friday from 9:30 a.m. until 3:30 
p.m. Comments must be received on or before July 10, 1996.

ADDRESSES: Comments should be mailed to Commanding Officer, U.S. Coast 
Guard Marine Safety Office, 455 Commercial Street, Boston, MA 02109-
1045.

FOR FURTHER INFORMATION CONTACT:
LTJG John Buckley, Vessel Division, Coast Guard Captain of the Port 
Boston, 455 Commercial Street, Boston, MA 02109-1045, (617) 233-3000.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views or arguments. Persons 
submitting comments should include their names and addresses, identify 
this notice (CGD01-96-033) and the specific section of the rule to 
which their comments apply, and give reasons for each comment. Persons 
wanting

[[Page 26106]]

acknowledgment of receipt of comments should enclose a stamped, self-
addressed postcard or envelope.
    The Coast Guard will consider all comments received during the 
comment period and may change this section in view of the comments. The 
Coast Guard plans no public hearing; however, a public hearing may be 
requested by an interested person by writing to the Project Manager at 
the address under addresses. If it is determined that the opportunity 
for oral presentations at a public meeting will aid this rulemaking, 
the Coast Guard will hold such a public hearing at a time and place 
announced by a later notice in the Federal Register.

Background and Purpose

    PEER Consultants, P.C. is conducting repairs and maintenance on the 
Long Island Bridge, Boston Harbor, Boston, MA. Contract work is being 
conducted to ensure bridge integrity by replacing/repairing selected 
structural members of the Long Island Bridge. In order to provide for 
the safe repair and maintenance of the Long Island Bridge, the Coast 
Guard deems an RNA necessary.

Discussion of the Rule

    The RNA includes all waters of Boston Harbor within a 600  x  200 
yard rectangle bound by the following coordinates: 42 deg.18'26'' N, 
070 deg.59'12'' W; 42 deg.18'35'' N, 070 deg.58'51'' W; 42 deg.18'31'' 
N, 070 deg.58'49'' W; 42 deg.18'23'' N, 070 deg.59'09'' W. [Datum: NAD 
1983]. A barge mooring area will be located on the northwestern side of 
the bridge within the RNA boundaries. Also, several work boats and 
barges will be operating in the RNA. Vessels in the regulated area will 
be required to operate at a no-wake speed to protect contract workers 
aboard the work boats and barges. The repair work is scheduled to take 
place from May 7, 1996, until October 31, 1996. Repair work will be 
conducted from 9:30 a.m. to 3:30 p.m., Monday through Friday.
    Good cause exists for publishing a temporary final rule without 
notice and prior to opportunity for comment and without a delayed 
effective date because immediate action is needed to regulate traffic 
in the construction area. However, the Coast Guard is providing an 
opportunity for comment so that changes can be made to this final rule. 
It is in the public interest to have the Long Island Bridge repaired 
and to have a no-wake zone around the bridge during construction. 
Delaying this rule to provide for a notice and comment period would be 
impracticable, unnecessary, and contrary to the public interest. Other 
then commuter boats, this area receives minimal vessel traffic. Since 
repair work will commence at 9:30 a.m. and conclude at 3:30 p.m., 
Monday through Friday, commuter boat schedules will not be 
significantly effected. All commuter boat operators have been notified 
of the regulation.

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. It 
has not been reviewed by the Office of Management and Budget 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 
section to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary.
    The waters in the vicinity of the Long Island Bridge are used by 
commuter vessels, commercial fishing vessels, commercial lobster 
vessels and recreational vessels. Due to the minimal time delay caused 
by the requirement to proceed at a no-wake speed, this regulation is 
not expected to have a significant impact on these vessels.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider the economic impact on small entities of a 
rule for which a general notice of proposed rulemaking is required. 
``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.
    For reasons set forth in the above Regulatory Evaluation, this rule 
will not have a significant economic impact on a substantial number of 
small entities.

Collection of Information

    This rule contains no information collection requirements under the 
Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this rule under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this proposal does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under paragraph 2.B.2(e)(34)(g) of Commandant 
Instruction M16475.1B, (as amended by 59 FR 38654, July 29, 1994), this 
rule is a Regulated Navigation Area and is categorically excluded from 
further environmental documentation. A written Categorical Exclusion 
Determination and checklist are included in the docket.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

Final Regulation

    For the reasons set out in the preamble, the Coast Guard is 
amending 33 CFR Part 165 as follows:

PART 165--[AMENDED]

    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 1.46.

    2. A temporary Section, Sec. 165.T01-033, is added to read as 
follows:


Sec. 165.T01-033  Regulated Navigation Area; Long Island Bridge, Boston 
Harbor, Boston, MA.

    (a) Location. The following area is a Regulated Navigation Area: 
All waters surrounding the Long Island Bridge, Boston Harbor, Boston, 
MA bound by the following coordinates: 42 deg.18 deg.26'' N, 
070 deg.59'12'' W; 42 deg.18'35'' N, 070 deg.58'51'' W; 42 deg.18'31'' 
N, 070 deg.58'49'' W; 42 deg.18'23'' N, 070 deg.59'09'' W. [Datum: NAD 
1983]
    (b) Effective date. This section is effective Monday through Friday 
from 9:30 a.m. until 3:30 p.m., May 7, 1996, to October 31, 1996.
    (c) Regulations. All vessels shall operate at no-wake speed while 
with the Regulated Navigation Area.

    Dated: May 7, 1996.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 96-13165 Filed 5-23-96; 8:45 am]
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