[Federal Register Volume 61, Number 151 (Monday, August 5, 1996)]
[Rules and Regulations]
[Pages 40515-40516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19747]


-----------------------------------------------------------------------


DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD1-96-068]
RIN 2115-AE84


Regulated Navigation Area: Boston Harbor, Spectacle Island, 
Boston, MA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary Regulated 
Navigation Area (RNA) in the waters surrounding the west side of 
Spectacle Island, Boston Harbor, Boston, MA. Dredging operations are 
being conducted to ensure adequate depth is maintained for vessels 
operating in the area. This RNA will protect the sediment curtain from 
damage by passing vessels and increase safety of the workers by 
requiring all vessels in the regulated area to operate at a no-wake 
speed.

EFFECTIVE DATES; This temporary final rule is effective July 16, 1996, 
until August 16, 1996, Monday through Saturday, 24 hours per day.

FOR FURTHER INFORMATION CONTACT: LTJG John Buckley, Vessel and Waterway 
Management Division, Coast Guard Captain of the Port Boston, 455 
Commercial Street, Boston, MA 02109-1045, (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. The date the Massachusetts 
Highway Department provided notice of delays in the project left 
insufficient time to publish a NPRM or extend the previous RNA which 
expired on July 1, 1996. It is in the public interest to have the west 
side of Spectacle Island dredged and to have a no-wake zone established 
during operations. The actual water depth to the west of Spectacle 
Island is considerably less than the charted depth, making vessel 
movements in the area dangerous. Immediate action is needed to regulate 
vessel traffic in the vicinity of Spectacle Island to avoid groundings 
and enable dredging operations to continue. Comments were requested in 
the previous RNA and none were received.

Background and Purpose

    Massachusetts Highway Department is conducting dredging operations 
in the waters off the west side of Spectacle Island. Spectacle Island 
is the deposit site for excavated material from the Central Artery/
Tunnel project. As a result of this deposition and subsequent erosion 
and runoff, sediment has built up in the waters west of Spectacle 
Island. Due to sedimentation, the act water depth is considerably less 
than the charted depth, making vessel movements in the area dangerous. 
Spectacle Island receives regular tugboat and barge traffic in 
conjunction with the Central Artery Tunnel project. The dredging 
operation will remove the sediment in order to increase water depth for 
vessels operating in the area. A sediment curtain is required to be in 
place during the dredging operation to minimize damage to the 
environment. In order to minimizes damage to the environment and 
provide for the safety of personnel and vessels involved in the 
dredging operation, the Coast Guard deemed an RNA necessary.
    The Coast Guard published a Regulated Navigation Area (CGD1-96-042) 
(which regulated vessel traffic from June 10, 1996, until July 1, 1996. 
The Massachusetts Highway Department informed the Coast Guard on or 
about June 29, 1996, that they had encountered two large concrete 
containers in the vicinity of the dredging operations and, 
consequently, would fail to meet their estimated project completion 
deadline. The Department requested an extension of the RNA. With such 
short notice it was not possible to extend the original RNA. A second 
Regulated Navigation Area is needed to protect the sediment curtain and 
ensure the safety of the workers.

Discussion of the Rule

    The RNA includes all waters of Boston Harbor bounded by the western 
shore of Spectacle Island and the following coordinates: 
42 deg.19'35''N, 070 deg.59'28''W; 42 deg.19'30''N, 070 deg.59'37''W; 
42 deg.19'09''N, 070 deg.59'22''W; 42 deg.19'11''N, 070 deg.59'16''W. 
(NAD 1983) The boundaries are identical to those in the previous RNA 
for Boston Harbor, Spectacle Island.a
    Several work boats and barges involved in the dredging will be 
operating within the RNA. Vessels transiting the RNA will be required 
to operate at a no-wake speed to minimize damage to the sediment 
curtain and protect workers aboard the work boats and barges. The 
dredging operation is scheduled to continue until August 16, 1996. 
Operations will be conducted 24 hours per day, Monday through Saturday.

[[Page 40516]]

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 surrounding the west side of Spectacle Island 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 Categorical Exclusion 
Determination and an Environmental Analysis 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.

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; and 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; and 49 CFR 1.46

    2. A temporary Sec. 165.T01-068 is added to read as follows:


Sec. 165.T01-068  Regulated Navigation Area; Spectacle Island, Boston 
Harbor, Boston, MA.

    (a) Location. The following area is a Regulated Navigation Area: 
All waters of Boston Harbor bounded by the western shore of Spectacle 
Island and the following coordinates: 42 deg.19'35''N, 
070 deg.59'28''W; 42 deg.19'30''N, 070 deg.59'37''W; 42 deg.19'09''N, 
070 deg.59'22''W; 42 deg.19'11''N, 070 deg.59'16''W. (NAD 1983)
    (b) Effective date. This section is effective Monday through 
Saturday, 24 hours per day, July 16, 1996 to August 16, 1996.
    (c) Regulations. All vessels shall operate at no-wake speed.

    Dated: July 16, 1996.
J. L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 96-19747 Filed 8-2-96; 8:45 am]
BILLING CODE 4910-14-M