[Federal Register Volume 65, Number 165 (Thursday, August 24, 2000)]
[Rules and Regulations]
[Pages 51540-51542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21568]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-00-203]

RIN 2115-AA97


Safety Zone: McArdle (Meridian Street) Bridge, 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 on the 
Chelsea River for the McArdle Bridge. The safety zone temporarily 
closes all waters of the Chelsea River 100 yards upstream and 100 yards 
downstream from the centerline of the McArdle Bridge. The safety zone 
is needed to protect vessels from the hazards posed during repairs to 
the bascule floor beams and bridge fender system.

DATES: This rule is effective from Friday, August 11, 2000, through 
Friday, October 6, 2000. During the effective dates, the channel will 
be closed Monday through Thursday from

[[Page 51541]]

sunset to sunrise, and Friday at sunset until Monday at sunrise each 
week. Monday through Friday from sunrise to sunset each day, the 
channel will be open with construction on-going.

ADDRESSES: Documents as indicated in this preamble are part of docket 
CGD01-00-203 and are available for inspection or copying at Marine 
Safety Office Boston, 455 Commercial Street, Boston, MA between the 
hours of 8 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant (Junior Grade) David 
Sherry, Waterways Management Division, Coast Guard Marine Safety Office 
Boston, (617) 223-3000.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    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. Conclusive information about bridge 
repairs to the McCardle Bridge were not provided to the Coast Guard 
until August 1, 2000, making it impossible to draft or publish a NPRM 
or a final rule 30 days in advance of its effective date. Publishing a 
NPRM and delaying its effective date would be contrary to public 
interest since immediate action is needed to close a portion of the 
Chelsea River and protect the maritime public from the hazards 
associated with bridge repair activities.

Background and Purpose

    The McArdle Bridge over the Chelsea River, Chelsea, MA, fender 
system and bascule floor beams require repairs. During the repair 
evolution, barges will be moored in the center of the channel. Barge 
placement requires the closure of the waterway to ensure vessel safety 
during repairs to the bridge fender system. Additionally, certain 
structural repair work will prevent the bridge from opening for 
prolonged periods.
    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 McArdle Bridge. This safety zone prohibits entry into 
or movement within this portion of the Chelsea River. In an effort to 
maximize commerce during the closures, waterway users were invited to 
provide input at meetings on the following dates: May 18 and 26, June 
12 and 18, and August 1, 2000. The meetings, hosted by Marine Safety 
Office Boston, were attended by 15 stakeholders and promoted a 
consensus of the most favorable channel closure times.
    The repair work requires the closures to extend for at least 48 
hours once a week, which minimizes lost work time due to setting up and 
cleaning the site for ship traffic, and minimizes the number of times 
the river will be required to be closed for repair work. The Coast 
Guard was able to balance this need with community demands through the 
aforementioned open forum. The group arrived at a consensus between 
marine operators, the bridge owner, Massachusetts State Highway 
officials, construction contractor, and harbor pilots. 33 Code of 
Federal Regulations, Sec. 165.120 places limitations on night time 
Chelsea River transits, making daylight hours more favorable to 
maritime commerce in the river. Therefore, the group, based on the 
contractor's recommendation, agreed that the majority of the closures 
should occur between sunset and sunrise. The safety zone will be 
effective from Friday, August 11, 2000 through Friday, October 6, 2000. 
During the effective dates, the channel will be closed Monday through 
Thursday from sunset to sunrise, and Friday at sunset until Monday at 
sunrise each week. Monday through Friday from sunrise to sunset each 
day, the channel will be open with construction on-going. The Coast 
Guard will make Marine Safety Information Broadcasts and Local Notice 
to Mariners announcements 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. The Office of Management and Budget has not reviewed it 
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 duration of the safety zone and 
limited commercial traffic expected in the area during the effective 
periods. Moreover, commercial operators will receive advance channel 
closure notification through Port Operators Group meetings, Safety 
Marine Information Broadcasts and industry dissemination. The early 
notification will permit mariners ample time to alter voyage plans.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612.), 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. 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.
    This rule will affect the following entities, some of which may be 
small entities: the owners or operators of vessels intending to transit 
or anchor in a portion of the Chelsea River between August 11, 2000 
through October 6, 2000.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: The 
Coast Guard will issue maritime advisories before the effective period 
that will be widely available to users of the river; and the closures 
are based on waterway user input.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard offered to 
assist small entities in understanding this final rule so that they 
could better evaluate its effects on them and participate in the 
rulemaking process. The Coast Guard coordinated meetings on May 18 and 
26, June 12 and 18, and August 1, 2000, involving Chelsea River users 
to gain input and feedback on closures. The group organized and agreed 
upon the schedule provided. If your small business or organization 
would be affected by this final rule and you have questions concerning 
its provisions or options for compliance, please call Lieutenant 
(Junior Grade) David Sherry, telephone (617) 223-3000.
    The Ombudsman at Regulatory Enforcement for Small Business and 
Agriculture, and 10 Regional Fairness Boards, were established to 
receive comments from small business about enforcement by Federal 
agencies. The Ombudsman evaluates these actions annually and rates each 
agency's responsiveness to small business. If you wish to comment on 
actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-
734-3247).

[[Page 51542]]

Collection of Information

    This proposal calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    The Coast Guard analyzed this rule under Executive Order 13132 and 
has determined that this rule does not have federalism implications 
under that order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under E.O. 12630, Governmental Actions and 
Interference with Constitutionally Protected Property Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under E.O. 13045, Protection of Children 
from Environmental Health Risks and Safety Risks. This rule is not an 
economically significant rule and does not pose an environmental risk 
to health or risk to safety that may disproportionately affect 
children.

Environment

    The Coast Guard considered the environmental impact of this final 
rule and concluded that under Figure 2-1, paragraph 34(g), of 
Commandant 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 indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

    For reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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.T01-203 to read as follows:


Sec. 165.T01-203  Safety Zone: McArdle Bridge, Chesea 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 McArdle Bridge.
    (b) Effective dates. This rule is effective Friday, August 11, 2000 
through Friday, October 11, 2000. During the effective dates, the 
channel will be closed Monday through Thursday from sunset to sunrise, 
and Friday at sunset until Monday at sunrise each week. Monday through 
Friday from sunrise to sunset each day, the channel will be open with 
construction on-going.
    (c) Regulations.
    (1) Entry into or movement within this zone is prohibited unless 
authorized by the Captain of The Port 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 Coast Guard.
    (3) The general regulations covering safety zones in Sec. 165.23 of 
this part apply.

    Dated: August 9, 2000.
M.E. Landry,
Commander, U.S. Coast Guard, Acting Captain of the Port, Boston, 
Massachusetts.
[FR Doc. 00-21568 Filed 8-23-00; 8:45 am]
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