[Federal Register Volume 66, Number 83 (Monday, April 30, 2001)]
[Rules and Regulations]
[Pages 21284-21286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10574]


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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, Massachusetts

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 McArdle Bridge; during nine 3\1/2\ day closure 
periods between April 2, 2001 and September 21, 2001, in Boston, MA. 
The safety zone temporarily closes all waters of Boston Inner Harbor 
one hundred (100) yards upstream and downstream from the McArdle 
Bridge. The safety zone prohibits entry into or movement within this 
portion of Boston Inner Harbor during the closure periods without 
Captain of the Port authorization and is needed to allow The Middlesex 
Corporation (TMC) to conduct repairs on the McArdle Bridge.

DATES: This rule is effective from sunrise Monday, April 2 
until sunset Friday, September 21, 2001.

ADDRESSES: Documents as indicated in this preamble are part of 
docket CGD01-01-21 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) Dave 
Sherry, Marine Safety Office Boston, Waterways Management Division, at 
(617) 223-3006.

SUPPLEMENTARY INFORMATION:

Regulatory History

    A notice of proposed rulemaking (NPRM) was published for this 
regulation on March 8, 2001 in 66 FR 13867, with the comment period 
ending March 15, 2001. Good cause exists for making this regulation 
effective in less than 30 days after Federal Register 
publication. Dates for this closure were not received by the Coast 
Guard until January 13, 2001. An NPRM was published with an abbreviated 
comment period with the intent of providing time for publication prior 
to the effective date of the regulation. The safety zone restricts 
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. Notifications will be made prior to the effective period via 
safety marine information broadcasts, and local notice to mariners. 
Captain of the Port, Boston, will consider requests for passage through 
the zone of small vessels that can safely navigate the bridge during 
construction. If a request is granted, operators permitted to pass 
through the zone are requested to provide a four hour notice to the 
contractor at (617-

[[Page 21285]]

660-9102). During the 10 day intervals between bridge closures when the 
safety zone is not in effect, operators are permitted to pass through 
the zone with a four hour notice provided to the contractor at (617-
660-9102).

Background and Purpose

    This regulation establishes a safety zone one hundred (100) yards 
upstream and downstream of the McArdle Bridge in Boston Harbor. The 
safety zone will be in effect for nine 3\1/2\ day periods from sunrise 
to sunset spaced between 10 day channel openings on the following dates 
and times: April 2 to April 6, 2001; June 11 to June 15, 2001; June 25 
to June 29, 2001; July 9 to July 13, 2001; July 23 to July 27, 2001; 
August 6 to August 10, 2001; and August 20 to August 24, 2001. Two 
contingency closures are scheduled for September 3 to September 7, 
2001; and September 17 to September 21, 2001; and will be used if 
previously scheduled closures need to be cancelled due to weather or 
other unavoidable events.
    The safety zone restricts 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. Notifications will be made prior to 
the effective period via safety marine information broadcasts and local 
notice to mariners. Small vessels that can safely navigate the bridge 
during construction will be allowed to transit the safety zone with a 
four hour notice to the contractor at (617-660-9102).

Regulatory Evaluation

    This 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.
    Although this 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. 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. 
These entities, which represent the majority of users of the waterway, 
have adjusted their respective schedules around the bridge repair and 
channel closure. Other elements reducing vessel impact include: The 
minimal time that vessels will be restricted from the area, the 
opportunity for small vessels that can safely navigate the bridge 
during construction to transit the bridge with a four hour notice, 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 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 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 September 21, 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, the 
opportunity for small vessels that can safely navigate the bridge 
during the construction to transit the safety zone with a four hour 
notice, and the advance notifications which will be made to the local 
maritime community by safety marine information broadcasts and local 
notice to mariners.

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 rule so that they can 
better evaluate its effects on them and participate in the rulemaking. 
The Coast Guard coordinated meetings on November 30, 2000, December 14, 
2000, January 4, 2001, and March 1, 2001.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. 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)

Discussion of Comments and Changes

    Responses to the Notice of Proposed Rulemaking provided only one 
major concern regarding the proposed rule. Chelsea River terminal 
managers, barge companies, and pilots remained confident small barges 
could navigate the bridge during the 3\1/2\ day closure periods. This 
is due to the fact that the bridge leafs will at times be partially or 
fully open and the Middlesex barges will not fully block the channel at 
these times. Any barge traffic small enough to make the transit would 
be welcome relief to the terminals and Logan International Airport 
during the closure periods. No changes were made to the regulation in 
response to this comment, however, as discussed in the Regulatory 
History section of the Preamble of this regulation, it was clarified to 
the individuals raising the comments that the COTP will consider 
requests on a case by case basis for vessels desiring to transit the 
safety zone. Additionally, the comments revealed one typographical 
error in Sec. 165.T01-021 (b), which has been corrected.

Collection of Information

    This rule 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 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

[[Page 21286]]

government or the private sector to incur direct costs without the 
Federal Government's having first provided the funds to pay those 
costs. This rule would not impose an unfunded mandate.

Taking of Private Property

    This 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 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 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.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments. A 
rule with tribal implications has a substantial direct effect on one or 
more Indian tribes, on the relationship between the Federal Government 
and Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under figure 2-1, (34)(g), of Commandant 
Instruction M16475.lC, 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 
recordkeeping 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; August 20 until August 24, 2001, 
September 3, until September 7, 2001; and September 17, until September 
21, 2001.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec. 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: March 15, 2001.
J.R. Whitehead,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 01-10574 Filed 4-27-01; 8:45 am]
BILLING CODE 4910-15-U