[Federal Register Volume 67, Number 69 (Wednesday, April 10, 2002)]
[Proposed Rules]
[Pages 17314-17317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8591]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-02-031]
RIN 2115-AA97


Safety Zone; Fore River Channel--Weymouth Fore River--Weymouth, 
Massachusetts

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
on the Weymouth Fore River in Weymouth, MA, along the main shipping 
channel, to permit the construction of a temporary bridge over the 
river adjacent to the existing Route 3A bridge. The 6-day, safety zone 
enforcement periods we propose would begin this year on June 10, July 
15, and July 29 and if the contractor needs additional time to complete 
the prescribed work, 6-day contingency enforcement periods would begin 
June 24, August 12, and August 26, 2002. During enforcement periods, 
the safety zone, which is necessary for the protection of life and 
property, would temporarily close all waters of the Weymouth Fore River 
in the area along the main shipping channel, between the fendering 
system of the bridges, and approximately 200 yards upstream and 100 
yards downstream of the Route 3A bridge.

DATES: Comments and related material must reach the Coast Guard on or 
before May 10, 2002.

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.

[[Page 17315]]


FOR FURTHER INFORMATION CONTACT: Chief Petty Officer Michael Popovich, 
Marine Safety y Office Boston, Waterways Safety and Response Division, 
at (617) 223-3000.

SUPPLEMENTARY INFORMATION:

Request for Comments

    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 CGD01-02-
031, indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. You have until 
May 9, 2002, to comment on this proposed rule involving the Fore River 
Channel closure. A shortened comment period is necessary to ensure that 
there is ample time to prepare a final rule and facilitate the first 
scheduled closure on June 10, 2002. Due to this shortened comment 
period, in order to provide additional notice to the public, we will 
place a notice of our proposed rule in the local notice to mariners, 
post the published Notice of Proposed Rulemaking on the MSO Boston web 
site at http://www.uscg.mil/d1/units/msobos/, and advise port users of 
the published NPRM at local port operator group meetings. You may 
request a copy of this notice via facsimile, by calling Chief Petty 
Officer Michael Popovich at (617) 223-3000.
    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 submission 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. In our final rule, we will include 
a concise general statement of the comments received and identify any 
changes from the proposed rule based on the comments. If we make the 
final rule effective less than 30 days after publication in the Federal 
Register, we will explain our good cause for doing so as required by 5 
U.S.C. 553(d)(3). These measures are being implemented to ensure the 
safety of the vessels whose movement is being regulated, others in the 
maritime community, surrounding communities, and the public.

Public Meeting

    We do not now plan to hold a public meeting. However, you may 
submit a request for a meeting by writing to Marine Safety Office 
Boston at the address under ADDRESSES explaining why one would be 
beneficial. If we determine that a public meeting would aid this 
rulemaking, we will hold one at a time and place announced by a 
separate notice in the Federal Register.

Background and Purpose

    The Massachusetts Highway Department has undertaken a project to 
erect a temporary bridge adjacent to the existing bridge over the 
Weymouth Fore River, to temporarily replace the existing bridge as a 
land transit route. Currently the construction of the temporary bridge 
is entering the final stages of the project, which involves erection of 
both bridge gantries as well as the roadway sections. To accomplish 
this work, it is necessary to position a crane barge in the main 
shipping channel in the vicinity of the bridges. During the 
construction periods, the crane barge will obstruct the main shipping 
channel from vessel transits. Additionally, the work from the crane 
barge involves lifting large segments of heavy materials, thereby 
creating a safety hazard to mariners and the public in the vicinity of 
the crane barge and the construction operation during these periods. A 
safety zone is necessary to ensure public safety while the construction 
work is taking place.
    We propose to establish a safety zone on all waters, from the 
surface to the river bottom, within the Weymouth Fore River encompassed 
by a line connecting points 42 deg.14'34" N, 070 deg.58'03" W; 
42 deg.14'44" N, 070 deg.57'59" W; 42 deg.14'45" N, 070 deg.58'03" W; 
and 42 deg.14'35" N, 070 deg.58'05" W, which encloses the area along 
the main shipping channel, between the fendering system of the bridges, 
and approximately 200 yards upstream and 100 yards downstream of the 
Route 3A bridge, for six-day construction periods. The safety zone will 
effectively close the main shipping channel in the vicinity of the 
bridges for the construction periods.
    Six-day construction periods are necessary because once the crane 
barge is in position, and materials are staged to erect the bridge 
sections, this work cannot be interrupted until each section is in 
place and complete which is estimated to take 6 days. Further, 
completion of the temporary bridge construction is deemed in the public 
interest so that a major disruption in the landside transportation 
infrastructure is not experienced should the existing bridge become 
unsafe for vehicular traffic.
    The proposed safety zone would be enforced from sunrise Monday, 
June 10, 2002, until sunset on Saturday, June 15, 2002, sunrise Monday, 
July 15, 2002, until sunset on Saturday, July 20, 2002, and sunrise 
Monday, July 29, 2002, until sunset on Saturday, August 3, 2002. In the 
event that the contractor is unable to complete the prescribed work 
during these periods, there will also be three contingency safety zone 
enforcement periods from sunrise Monday, June 24, 2002, until sunset on 
Saturday, June 29, 2002, sunrise Monday, August 12, 2002, until sunset 
Saturday, August 17, 2002, and from sunrise Monday, August , 2002, 
until sunset Saturday, August 31, 2002.
    The safety zone is deemed necessary for the protection of life and 
property within the Captain of the Port (COTP) Boston zone. Public 
notifications will be made prior to the effective period via safety 
marine information broadcasts and local notice to mariners.

Regulatory Evaluation

    Although this proposed regulation will prevent vessel traffic from 
transiting a portion of the Weymouth Fore River main shipping channel 
during the effective periods, the impact is not considered significant 
for several reasons. Impacted entities include one commercial oil 
transfer facility that receives large tank vessels, the Massachusetts 
Water Resources Authority (MWRA), which barges sludge to a facility in 
Quincy, Massachusetts, and numerous marinas, yacht clubs, and boat 
yards upstream of the Route 3A bridge. The Massachusetts Highway 
Department and its contractor, Middlesex Corporation, have met with 
these stakeholders to attempt to minimize impacts. Both the oil 
terminal and MWRA are able to, and have agreed to, work their vessel 
transit schedules around the 6-day periods during which the safety zone 
will be enforced without significant negative economic impact.
    Marinas, yacht clubs, boat yards, and the boating public will not 
be severely impacted because an alternate water route (channel) will be 
available for transit on the western (Quincy) side of the main channel 
during the construction periods when the safety zone is enforced. 
Temporary aids to navigation and lighting will be placed to facilitate 
use of the alternate water route. This alternate route will provide an 
alternative for many of the waterway users to transit outside of the 
safety zone and under the western (Quincy) side of both the temporary 
bridge span and the existing Route 3A bridge span during the periods 
that the safety zone will be enforced.
    We have been advised by Middlesex Corporation, the contractor for 
the Massachusetts Highway Department, that they performed soundings, 
measured vertical clearances, and

[[Page 17316]]

dragged the bottom for obstructions within the proposed alternate 
channel. The results of their measurements indicate the following 
clearances: Maximum vertical clearance (channel margin) at high tide is 
30 feet; maximum vertical clearance (channel margin) at low tide is 39 
feet; minimum water depth at low tide is 14 feet; maximum horizontal 
clearance between pier fenders is 75 feet.
    Additionally, stakeholders are being provided advanced notice of 
the safety zone well in advance, through this rulemaking process, 
enabling them to make alternate arrangements in lieu of transiting the 
restricted area during the enforcement periods. Notifications will also 
be made to the local maritime community by safety marine information 
broadcasts and local notice to mariners.
    For the reasons stated, 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 minimal enough that a full 
Regulatory Evaluation under paragraph 10e of the regulatory policies 
and procedures of DOT is unnecessary.

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 proposed 
rule will not have a significant economic impact on a substantial 
number of small entities. This proposed rule will affect the following 
entities, some of which may be small entities: the owners or operators 
of vessels intending to transit the Fore River main channel during the 
construction periods when the safety zone is enforced; or marinas, 
yacht clubs, and boat yards that service these vessels. For reasons 
outlined in the Regulatory Evaluation section, this impact is not 
expected to be significant.
    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 proposed 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), we want 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 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact Chief Petty 
Officer Michael Popovich 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 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 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 Executive Order 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 Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    The Coast Guard analyzed this proposed rule under Executive Order 
13045, Protection of Children from Environmental Health Risks and 
Safety Risks. This proposed 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.

Energy Effects

    We have analyzed this proposed 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.

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.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, 160.5; 49 CFR 1.46.

    2. Add temporary Sec. 165.T01-031 to read as follows:


Sec. 165.T01-031  Safety Zone: Fore River Channel, Weymouth Fore River, 
Weymouth, MA.

    (a) Location. The following area is a safety zone: all waters from 
the surface

[[Page 17317]]

to the river bottom within the Weymouth Fore River encompassed by a 
line connecting points 42 deg.14'34" N, 070 deg.58'03" W; 42 deg.14'44" 
N, 070 deg.57'59" W; 42 deg.14'45" N, 070 deg.58'03" W; and 
42 deg.14'35" N, 070 deg.58'05" W, which encloses the area along the 
main shipping channel, between the fendering system of the bridges, and 
approximately 200 yards upstream and 100 yards downstream of the Route 
3A bridge.
    (b) Effective period. This section is effective from sunrise June 
10, 2002 until sunset on August 3, 2002.
    (c) Enforcement periods. This section will be enforced from Monday, 
June 10, 2002, until sunset on Saturday, June 15, 2002; from sunrise 
Monday, July 15, 2002, until sunset on Saturday, July 20, 2002; and 
from sunrise Monday, July 29, 2002, until sunset on Saturday, August 3, 
2002. In the event that the contractor is unable to complete the 
prescribed work during these closures, there will also be three 
contingency enforcement periods: from sunrise Monday, June 24, 2002, 
until sunset on Saturday, June 29, 2002; from sunrise Monday, August 
12, 2002, until sunset Saturday, August 17, 2002; and from sunrise 
Monday, August 26, 2002 until sunset Saturday, August 31, 2002. 
Whenever the Captain of the Port (COTP) determines that a safety zone 
in effect is not needed for the entire 6-day period to accomplish the 
purposes of this rule due to completion of scheduled work, the COTP 
will discontinue enforcement of the safety zone for that period and 
issue a broadcast notice to mariners (BNTM) so informing the public.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec. 165.23, entry into or movement within this zone will be prohibited 
unless authorized by the Captain of the Port Boston. Requests to enter 
the safety zone can be made by calling Marine Safety Office Boston at 
(617) 223-3000.
    (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 28, 2002.
B. M. Salerno,
Captain, U. S. Coast, Guard, Captain of the Port, Boston, 
Massachusetts.
[FR Doc. 02-8591 Filed 4-9-02; 8:45 am]
BILLING CODE 4910-15-U