[Federal Register Volume 64, Number 162 (Monday, August 23, 1999)]
[Rules and Regulations]
[Pages 45879-45880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21789]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD1-99-141]
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 
the Chelsea Street Bridge fender system repairs 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 bridge fender system.

DATES: This rule is effective between the hours of 9:00 p.m. and 5:00 
a.m., Monday through Friday, from August 4, 1999 through August 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 8:00 a.m. and 
3:00 p.m., Monday through Friday, except Federal holidays. The 
telephone number is (617) 223-3000.

FOR FURTHER INFORMATION CONTACT: ENS Rebecca Montleon, 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. 
Details of the repairs to the bridge fender system were not provided to 
the Coast Guard until July 22, 1999, making it impossible to publish a 
NPRM or a final rule 30 days in advance with sufficient time for public 
comment. 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

    The Chelsea Street Bridge over the Chelsea River, Chelseas, MA, 
fender system is in need of repairs. During the repairs, barges will be 
moored in the center of the channel under the bridge, and pilings will 
be removed and/or replaced. The placement of the barge will require the 
closure of the waterway for the safety of vessels during the repairs to 
the bridge fender system. Therefore, a safety zone is necessary to 
allow the safe removal of pilings, repairs to the fender system, and to 
protect vessel traffic.
    This regulation 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 the hours of 9:00 
p.m. and 5:00 a.m., Monday through Friday from August 4, 1999 until 
August 31, 1999. The Coast Guard will make Marine Safety Information 
Broadcasts informing mariners of this safety zone.

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 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 notification of the project and can 
make alternate arrangements.

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

[[Page 45880]]

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 of 1995 (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:

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.

    2. Add temporary Sec. 165.T01-141 to read as follows:


Sec. 165.T01-141 Safety Zone: Chelsea Street Bridge fender system 
repair, 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 for the 
centerline of the Chelsea Street Bridge.
    (b) Effective date. This section is effective between the hours of 
9:00 p.m. and 5:00 a.m., Monday through Friday, from August 4, 1999 
through August 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 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 Sec. 165.23 
apply.

    Dated: August 4, 1999.
J.R. Whitehead,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 99-21789 Filed 8-20-99; 8:45 am]
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