[Federal Register Volume 64, Number 98 (Friday, May 21, 1999)]
[Rules and Regulations]
[Pages 27695-27696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12827]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD1-99-053]
RIN 2115-AA97


Safety Zone: Chelsea Street Bridge Fender System Repair, Chelsea 
River, Chelsea, MA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
repairs to the fender system of the Chelsea Street Bridge on the 
Chelsea River. The safety zone temporarily closes all waters of the 
Chelsea River 100 yards upstream and 100 yards downstream from the 
centerline of the Chelsea Street Bridge. The safety zone is needed to 
protect vessels from the hazards posed during repairs to the system.

DATES: This rule is effective between 9 p.m. and 5 a.m., Monday through 
Friday, from May 10, 1999, through July 31, 1999.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at Coast Guard Marine Safety Office, Boston, 455 
Commercial Street, Boston, Massachusetts, 02109, between 8 a.m. and 3 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is (617) 223-3000.

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, no notice of proposed rulemaking (NPRM) 
was published for this temporary final rule, and good cause exists for 
making it effective in less than 30 days after publication in the 
Federal Register. Details for the repairs to the fender system of the 
bridge were not provided to the Coast Guard until May 3, 1999, making 
it possible to publish a NPRM or a final rule 30 days in advance. Any 
delay encountered in the effective date of this rule 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 upon a navigable waterway.

Background and Purpose

    The fender system of the Chelsea Street Bridge over the Chelsea 
River, Chelsea, MA, needs repairs. During the repairs, barges will be 
moored in the center of the channel under the bridge, and pilings will 
be removed, replaced, or both. The placement of the barge will require 
the closure of the waterway for the safety of vessels during the 
repairs to the system. Therefore, a safety zone is necessary to allow 
the safe removal of pilings and repairs to the fender system, and to 
protect vessel traffic.
    This temporary final rule establishes a safety zone in all waters 
of the Chelsea River 100 yards upstream and 100 yards downstream from 
the centerline of the Chelsea Street Bridge. This safety zone prevents 
entry into or movement within this portion of the Chelsea River. The 
expected duration of the safety zone will be between 9 p.m. and 5 a.m., 
Monday through Friday, from May 10, 1999, through July 31, 1999. The 
Coast Guard will make marine Safety Information Broadcasts informing 
mariners of this safety zone.

Regulatory Evaluation

    This temporary 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 its economic 
impact to be so minimal that a full regulatory evaluation under 
paragraph 10e of the regulatory evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary. This finding 
is based on the limited recreational and commercial traffic expected in 
the area, and the fact that commercial operators have received advance 
notice of the project and can make alternative arrangements.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this temporary final 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 temporary final 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 temporary final 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 
temporary final rule and concluded that, under Figure 2-1, paragraph 
34(g), of Commandment Instruction M16475.1C, this rule is categorically 
excluded from further environmental documentation. A ``Categorical 
Exclusion Determination'' is available in the docket for inspection or 
copying where indicted under ADDRESSES.

List of Subjects in 33 CFR part 165

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

Regulation

    For reasons set out in the preamble, the Coast Guard amends 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, 160.5; 49 CFR 1.46. Section 165.100 is also issued 
under authority of Sec. 311, Pub. L. 105-383.


[[Page 27696]]


    2. Add temporary Sec. 165.T01-053 to read as follows:


Sec. 165.T01-053  Safety Zone: Repair to fender system of Chelsea 
Street Bridge, Chelsea River, Chelsea, MA.

    (a) Location. The following area is a safety zone: All waters of 
the Chelsea river 100 yards upstream and 100 yards downstream from the 
centerline of the Chelsea Street Bridge.
    (b) Effective Date. This section is effective between 9 p.m. and 5 
a.m., Monday through Friday, from May 10, 1999, through july 31, 1999.
    (c) 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 patrol personnel of the U.S. Coast 
Guard. Among those personnel are commissioned, warrant, and petty 
officers of the U.S. Coast Guard.
    (3) The general regulations covering safety zones in Sec. 165.23 of 
this part apply.

    Dated: May 6, 1999.
M.A. Skordinski,
Commander, U.S. Coast Guard, Alternate Captain of the Port, Boston, 
Massachusetts.
[FR Doc. 99-12827 Filed 5-20-99; 8:45 am]
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