[Federal Register Volume 66, Number 46 (Thursday, March 8, 2001)]
[Proposed Rules]
[Pages 13867-13868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-5601]



[[Page 13867]]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD1-01-021]
RIN 2115-AA97


Safety Zone: McArdle Bridge Repairs--Boston, MA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for repairs to the McArdle Bridge, during seven 3\1/2\ day closure 
periods between April 2, 2001 and August 24, 2001, in Boston, MA. The 
safety zone would temporarily close all waters of Boston Inner Harbor 
one hundred (100) yards upstream and downstream from the McArdle 
Bridge. The safety zone would prohibit entry into or movement within 
this portion of Boston Inner Harbor during the closure periods and is 
needed to allow The Middlesex Corporation (TMC) to conduct repairs on 
the McArdle Bridge.

DATES: Comments and related material must reach the Coast Guard on or 
before March 15, 2001.

ADDRESSES: You may mail comments and related material to Marine Safety 
Office Boston, 455 Commercial Street, Boston, MA. Marine Safety Office 
Boston maintains the public docket for this rulemaking. Comments and 
material received from the public, as well as documents indicated in 
this preamble as being available in the docket, will become part of the 
docket and will be available for inspection or copying at Marine Safety 
Office Boston between 8 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant (junior grade) Dave Sherry, 
Marine Safety Office Boston, Waterways Management Division, at (617) 
223-3006.

SUPPLEMENTARY INFORMATION:

Request for Information

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD1-01-
021), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
your comments reached us, please enclose a stamped, self addressed 
postcard or envelope. We will consider all comments and material 
received during the comment period. We may change this proposed rule in 
view of them.

Public Meeting

    The Coast Guard plans to hold a public meeting on March 1, 2001 at 
the Tosco Terminal, located at 467 Chelsea Street in East Boston, MA, 
to discuss the scope of the bridge repairs and proposed rule. For 
information regarding this meeting contact LTjg Dave Sherry at the 
address listed under ADDRESSES. If you wish to hold additional 
meetings, you may contact LTjg Dave Sherry with a request in writing 
explaining why one would be beneficial. If we determine an additional 
meeting would aid in this rulemaking, we will hold one at a time and 
place announced by a later notice in the Federal Register.

Background and Purpose

    This regulation proposes to establish a safety zone one hundred 
(100) yards upstream and downstream of the McArdle Bridge in Boston 
Harbor. The safety zone would be in effect for seven 3\1/2\ day periods 
spaced between 10 day channel openings on the following dates and 
times: from sunset on Monday, April 2, 2001 until sunrise on Friday, 
April 6, 2001; from sunset on Monday, June 11, 2001 until sunrise on 
Friday, June 15, 2001; from sunset on Monday, June 25, 2001 until 
sunrise on Friday, June 29, 2001; from sunset on Monday, July 9, 2001 
until sunrise on Friday, July 13, 2001; from sunset on Monday, July 23, 
2001 until sunrise on Friday, July 27, 2001; from sunset on Monday, 
August 6, 2001 until sunrise on Friday, August 10, 2001, and from 
sunset on Monday, August 20, 2001 until sunrise on Friday, August 24, 
2001. Two contingency closures have been scheduled and will be used if 
previously scheduled closures need to be cancelled due to weather or 
other unavoidable events. The contingency closures are scheduledfrom 
sunset on Monday, September 3, 2001 until sunrise on Friday, September 
7, 2001; and from sunset on Monday, September 17, 2001 until sunrise 
September 21, 2001.
    The zone would restrict movement within this portion of Boston 
Harbor and is needed to allow TMC to conduct repairs on the McArdle 
Bridge. The Captain of the Port anticipates minimal negative impact on 
vessel traffic due to this event. Public notifications will be made 
prior to the effective period via safety marine information broadcasts 
and local notice to mariners.

Regulatory Evaluation

    This proposed 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 proposed rule 
to be so minimal that a full Regulatory Evaluation under paragraph 10e 
of the regulatory policies and procedures of DOT is unnecessary.
    Although this proposed regulation will prevent traffic from 
transiting a portion of Boston Harbor during the effective periods, the 
effects of this regulation will not be significant due to the extensive 
planning that took place between marine and cargo stakeholders and 
Coast Guard Marine Safety Office Boston representatives. On November 
30, 2000, December 14, 2000, and January 4, 2001 the Coast Guard hosted 
planning meetings with the City of Boston Department of Public Works, 
Massachusetts Highway Department, TMC, Chelsea River vessel operators, 
local barge companies, Massachusetts Port Authority, Logan Airport 
representatives and fuel suppliers, and Chelsea River marine terminals. 
The meetings explored bridge repair and channel closure options. On 
January 4, 2001 a final group consensus was achieved on which this 
proposed rule is based. Other elements reducing vessel impact include: 
the minimal time that vessels will be restricted from the area and the 
advance notifications which will be made to the local maritime 
community by safety marine information broadcasts and local notice to 
mariners.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard considered whether this proposed rule would have a significant 
economic impact on a substantial number of small entities. The term 
``small entities'' comprises small businesses, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have

[[Page 13868]]

a significant economic 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 Chelsea River between April 2, 2001 
and August 24, 2001, during the designated 3\1/2\ day closures. This 
safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: the 
minimal time that vessels will be restricted from the area and the 
advance notifications which will be made to the local maritime 
community by safety marine information broadcasts and local notice to 
mariners.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES) explaining why you think it qualifies and how and to 
what degree this rule would economically affect it.

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 wants to assist 
small entities in understanding this proposed rule so that they can 
better evaluate its effects on them and participate in the rulemaking. 
If the rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact LTjg Dave Sherry 
at the address listed under ADDRESSES.

Collection of Information

    This proposed rule would call 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 proposed rule under E.O. 13132 and 
has determined that this rule does not have implications for federalism 
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 costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would 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 proposed 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

    The Coast Guard analyzed this proposed 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 
proposed rule and concluded that, under figure 2-1, (34)(g), of 
Commandant Instruction M16475.1C, this proposed rule is categorically 
excluded from further environmental documentation. A ``Categorical 
Exclusion Determination'' is available in the docket where indicated 
under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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, and 160.5; 49 CFR 1.

    2. Add temporary Sec. 165.T01-021 to read as follows:


Sec. 165.T01-021  Safety Zone: McArdle Bridge Repairs--Boston, 
Massachusetts

    (a) Location. The following area is a safety zone: All waters of 
Boston Inner Harbor one hundred (100) yards upstream and downstream of 
the McArdle Bridge, Boston, MA.
    (b) Effective Date. This section is effective from sunset on Monday 
until sunrise on Friday for the following dates: April 2 until April 6, 
2001; June 11 until June 15, 2001; June 25 until June 29, 2001; July 9 
until July 13, 2001; July 23 until July 27, 2001; August 6, until 
August 10, 2001, and August 20 until August 24, 2001.
    (c) Regulations.
    (1) In accordance with the general regulations in section 165.23 of 
this part, entry into or movement within this zone will be prohibited 
unless authorized by the Captain of the Port Boston.
    (2) All vessel operators shall comply with the instructions of the 
COTP or the designated on-scene U.S. Coast Guard patrol personnel. On-
scene Coast Guard patrol personnel include commissioned, warrant, and 
petty officers of the Coast Guard on board Coast Guard, Coast Guard 
Auxiliary, local, state, and federal law enforcement vessels.

    Dated: February 21, 2001.
J.R. Whitehead,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 01-5601 Filed 3-7-01; 8:45 am]
BILLING CODE 4910-15-U