[Federal Register Volume 63, Number 200 (Friday, October 16, 1998)]
[Rules and Regulations]
[Pages 55532-55533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27872]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-98-140]
RIN 2115-AA97


Safety Zone: Storrow Drive Connector Bridge (Central Artery 
Tunnel Project), Charles River, Boston, MA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the Central Artery Tunnel Project, Storrow Drive Connector Bridge 
construction on the Charles River. The safety zone temporarily closes 
all waters of the Charles River between the Gridley Lock and Dam and 
the western side of the Amtrak Railroad Bridge while bridge spans for 
the Storrow Drive Connector Bridge are erected. The safety zone is 
needed to protect vessels from the hazards posed by bridge construction 
activities upon a navigable waterway.

EFFECTIVE DATE: This rule is effective from September 30, 1998 through 
December 31, 1998.

FOR FURTHER INFORMATION CONTACT:
LT Dennis O'Mara, Waterways Management Division, Coast Guard Marine 
Safety Office Boston, (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, and good cause exists for making 
it effective in less than 30 days after Federal Register publication. 
Any delay encountered in this regulation's effective date would be 
contrary to the public interest since immediate action is needed to 
close a portion of the waterway and protect the maritime public from 
the hazards associated with bridge construction activities upon a 
navigable waterway.

Background and Purpose

    As part of the Central Artery Tunnel Project, a new bridge, the 
Storrow Drive Connector Bridge, will be built over the Charles River, 
Boston, MA. Section 1 of

[[Page 55533]]

the Storrow Drive Connector Bridge, which will be located on the south 
side of the Charles River between the Gridley Lock and Dam and the 
Amtrak Railroad Bridge, is presently under construction. Six bridge 
spans need to be erected during the construction of Section 1. These 
bridge spans will be transported to Boston on board barges. The barges 
will be towed into Boston Harbor with a single bridge span on each 
barge. This will occur on six separate occasions over the next several 
months. The spans will then be transported through the Gridley Lock, 
put into place using a crane on a barge and secured. The crane and 
barge cannot be shifted by vessel wakes during the securing process. 
Therefore, a safety zone is necessary to allow the safe erection of the 
six spans and to protect vessel traffic.
    This regulation establishes a safety zone in all waters of the 
Charles River between the Gridley Lock and Dam and the western side of 
the Amtrak Railroad Bridge. This safety zone prevents entry into or 
movement within this portion of the Charles River. Upon notification 
from the primary contractor on the project, the Coast Guard will make 
Marine Safety Information Broadcasts informing mariners of the 
activation of this safety zone. The expected duration of the safety 
zone will vary between eight and forty-eight hours depending upon 
construction requirements. The safety zone will be activated primarily 
on nights and/or weekends as construction on the Storrow Drive 
Connector Bridge is restricted by weekday commuter rail traffic on the 
Amtrak Railroad Bridge.

Regulatory Evaluation

    This final 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 rule to be so minimal that a full Regulatory Evaluation 
under paragraph 10e of the regulatory polices and procedures of DOT is 
unnecessary. There is expected to be minimal recreational and 
commercial traffic in this area, in part due to the seasonal end of the 
recreational and tourist boating season. Commercial tour operators have 
received advance notification of the project and can make alternate 
arrangements. Due to the limited number and duration of the arrivals, 
departures and transits, the Coast Guard expects the economic impact of 
this regulation to be minimal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this rule would have a significant 
economic impact on a substantial number of small entities. ``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 the reasons discussed in the Regulatory Evaluation above, the 
Coast Guard certifies under section 605(b) of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.), that this rule will not have a 
significant impact on a substantial number of small entities.

Collection of Information

    This rule contains no collection of information 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 rule does not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

Environment

    The Coast Guard has considered the environmental impact of this 
final rule and concluded that, under Figure 2-1, paragraph 34(g), of 
Commandant Instruction M16475.1C, this final rule is categorically 
excluded from further environmental documentation. A ``Categorical 
Exclusion Determination'' is available in the docket for inspection or 
copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

Regulation

    For reasons set out in the preamble, the Coast Guard amends 33 CFR 
Part 165 as follows:
    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. Add temporary Sec. 165.T01-140 to read as follows:


Sec. 165.T01-140  Safety Zone: Storrow Drive Connector Bridge (Central 
Artery Tunnel Project), Charles River, Boston, MA.

    (a) Location. The following area is a safety zone: All waters of 
the Charles River between the Gridley Lock and Dam and the western side 
of the AMTRAK Railroad Bridge.
    (b) Effective Date. This section is effective from September 30, 
1998 to December 31, 1998.
    (c) Notification. Upon notification from the primary contractor on 
the Storrow Drive Connector Bridge construction project that a span is 
ready to be erected, the Coast Guard will make Marine Safety 
Information Broadcasts informing mariners of the activation of this 
safety zone. The expected duration of the safety zone will vary between 
eight and forty-eight hours depending upon construction requirements. 
The safety zone will be activated primarily on nights and/or weekends.
    (d) Regulations. (1) Entry into or movement within this zone is 
prohibited unless authorized by the COTP Boston.
    (2) All persons and vessels shall comply with the instructions of 
the COTP or the designated on-scene U.S. Coast Guard patrol personnel. 
U.S. Coast Guard patrol personnel include commissioned, warrant, and 
petty officers of the U.S. Coast Guard.
    (3) The general regulations covering safety zones in section 165.23 
of this part apply.

    Dated: September 18, 1998.
J.L. Grenier,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 98-27872 Filed 10-15-98; 8:45 am]
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