[Federal Register Volume 66, Number 133 (Wednesday, July 11, 2001)]
[Rules and Regulations]
[Pages 36167-36168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17382]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-01-107]
RIN 2115-AA97


Safety Zone; McArdle Bridge Dredge Operations--Boston, 
Massachusetts

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone 
closing all waters of Boston Inner Harbor one hundred (100) yards 
upstream and downstream from the McArdle Bridge for Bridge Dredge 
Operations. 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 Great 
Lakes Dredge Company to conduct dredging in the vicinity of the McArdle 
Bridge.

DATES: This rule is effective from June 27 through July 13, 2001.

ADDRESSES: Documents as indicated in this preamble are part of docket 
CGD01-01-107 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

    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 this event was not provided to the Coast Guard until June 22, 
2001, making it impossible to draft or publish a NPRM or a final rule 
30 days in advance of its effective date. Any delay encountered in this 
regulation's effective date would be contrary to public interest since 
immediate action is needed to prevent traffic from transiting a portion 
of the Chelsea River, Boston, Massachusetts, and provide for the safety 
of life on navigable waters. Additionally, this temporary safety zone 
only closes the waterway for a 2-day and 3-day period and should have 
negligible impact on vessel transits due to the fact that vessels are 
not precluded from using any portion of the waterway upstream or 
downstream except the safety zone area itself, public notifications 
will be made prior to the effective period via safety marine 
information broadcasts and local notice to mariners.

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 two closure periods: the first from 6 
a.m. to 6 p.m. on June 27 until 29, 2001; and the second from sunrise 
on July 10 until sunrise on July 13, 2001.
    The safety zone restricts movement within this portion of Boston 
Harbor and is needed to allow the Great Lakes Dredge Company to conduct 
dredging in the vicinity of 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 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 planning that took 
place between marine and cargo stakeholders and Coast Guard Marine 
Safety Office Boston representatives. To minimize impact on the port 
community it was decided that these new channel closures should overlap 
previously scheduled closures published in the Federal Register (66 FR 
21284, April 30, 2001) under CGD01-01-021. Other elements reducing the 
impact of this regulation 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 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

[[Page 36168]]

a portion of Chelsea River between June 27, 2001 and July 13, 2001, 
during the designated 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.

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 a meeting to achieve this on June 21, 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).

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 Executive Order 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 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 Executive Order 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 Executive Order 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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

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, 160.5; 49 CFR 1.

    2. Add temporary Sec. 165.T01-107 to read as follows:


Sec. 165.T01-107  Safety Zone: McArdle Bridge Dredge Operations--
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 will be enforced from 6 a.m. to 6 
p.m. on June 27 through June 29, 2001, and from sunrise on July 10 
until sunrise on July 13, 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: June 27, 2001.
B.M. Salerno,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 01-17382 Filed 7-10-01; 8:45 am]
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