[Federal Register Volume 66, Number 177 (Wednesday, September 12, 2001)]
[Rules and Regulations]
[Pages 47385-47387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22814]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-01-139]

RIN 2115-AA97


Safety Zone; Chelsea River Blasting, 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

[[Page 47386]]

the Chelsea River during daylight hours from August 13, until September 
22, 2001 in Boston, MA. The safety zone is needed to protect the 
maritime community from the hazards caused by the detonations of 
explosives to clear rocks and increase the water depth. The safety zone 
temporarily closes all waters of the Chelsea River 300 yards around the 
Great Lakes dredge barge while it is involved in the detonation of 
explosives in the Chelsea River turning basin. The safety zone 
prohibits entry into or movement within this portion of the Chelsea 
River during the effective period without Captain of the Port 
authorization.

DATES: This rule is effective from 9 a.m., Monday, August 13, 2001 
through 7 p.m., Saturday, September 22, 2001.

ADDRESSES: Documents as indicated in this preamble are part of docket 
CGD01-01-139 and are available for inspection or copying at Marine 
Safety Office (MSO) 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) Abby Wilcox, 
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 publication in the Federal Register. Conclusive 
information about dredging operations requiring explosive detonations 
on the Chelsea River was not provided to the Coast Guard until August 
6, 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 unnecessary and contrary to 
public interest since immediate action is needed to protect the 
maritime community from hazards created by detonating explosives in the 
Chelsea River. General permissions to enter the safety zone will be 
given via local notice to mariners and marine information broadcasts 
during periods when the Captain of the Port determines it is safe to 
transit the zone. Detonations will only take place approximately one to 
three times per day, Monday through Saturday, during daylight hours of 
the effective period. The safety zone should have negligible impact on 
vessel transits because general permissions to transit the zone will be 
given when appropriate, the rule is for a limited time period, and 
vessels are not precluded from using any portion of the waterway 
outside the safety zone.

Background and Purpose

    This regulation establishes a temporary safety zone for the Chelsea 
River Blasting during daylight hours from August 13, 2001, through 
September 22, 2001 in Boston, MA. This blasting is being conducted on 
the eastern bank of the Chelsea River to clear an area of rock and 
increase the depth of water to 40 feet. The safety zone temporarily 
closes all waters of the Chelsea River three hundred (300) yards around 
the Great Lakes dredge barge while it is involved in the detonation of 
explosives in the Chelsea River turning basin, at a location on the 
eastern bank approximately 1000 yards north of the Chelsea Street 
Bridge. Detonations shall occur approximately one to three times per 
day, Monday through Saturday, during daylight hours of the effective 
period. Entry into or movement within this portion of the Chelsea River 
during the effective period is prohibited without Captain of the Port 
authorization. The safety zone is needed to protect the maritime 
community from the hazards caused by the detonations of explosives in 
the Chelsea River. The safety zone should have negligible impact on 
vessel transits because the Captain of the Port General will grant 
general permissions to enter the safety zone during periods when the 
COTP determines it is safe to transit the zone. These general 
permissions will be communicated via local notice to mariners and 
marine information broadcasts.

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 10(e) of the 
regulatory policies and procedures of DOT is unnecessary.
    Although this regulation prevents traffic from transiting a portion 
of the Chelsea River, the effect of this regulation will not be 
significant for several reasons: The safety zone should have negligible 
impact on vessel transits because the Captain of the Port will grant 
general permissions to enter the safety zone during periods when the 
COTP determines it is safe to transit the zone. Detonations will only 
take place one to three times per day, Monday through Saturday, during 
daylight hours of the effective period. Moreover, vessels are not 
precluded from using other portions of the Chelsea River outside the 
safety zone.

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 the Chelsea River between 9 a.m. on 
August 13, 2001 and 7 p.m. on September 22, 2001. This safety zone will 
not have a significant economic impact on a substantial number of small 
entities for the following reasons: the safety zone is limited in 
duration, and the Captain of the Port will grant general permissions to 
enter the safety zone during periods when the COTP determines it is 
safe to transit the zone.

Assistance for Small Entities

    Due to the short notice of the need for this regulation the Coast 
Guard did not have time to assist small entities under section 213(a) 
of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. 
L. 104-121).
    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).

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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 Executive Order 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 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 1.46.

    2. Add temporary Sec. 165.T01-139 to read as follows:


Sec. 165.T01-139  Safety Zone: Chelsea River Blasting, Boston, 
Massachusetts.

    (a) Location. The following area is a safety zone: All waters of 
the Chelsea River three hundred (300) yards around the Great Lakes 
dredge barge, at a location on the eastern bank approximately 1000 
yards north of the Chelsea Street Bridge.
    (b) Effective date. This section is effective from 9 a.m. to 7 p.m. 
each day from Monday, August 13, 2001 through Saturday, September 22, 
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 
Captain of the Port 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: August 8, 2001.
M.E. Landry,
Commander, U.S. Coast Guard, Acting Captain of the Port, Boston, 
Massachusetts.
[FR Doc. 01-22814 Filed 9-11-01; 8:45 am]
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