[Federal Register Volume 67, Number 94 (Wednesday, May 15, 2002)]
[Rules and Regulations]
[Pages 34612-34614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12121]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-02-058]
RIN 2115-AA97


Safety Zone; Chelsea River Safety Zone for McArdle Bridge 
Repairs, Chelsea River, East 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 
the Chelsea River to aid completion of the McArdle Bridge repairs in 
East Boston, MA. The safety zone will temporarily close all waters 100-
yards upstream and downstream of the McArdle Bridge. The safety zone 
prohibits entry into or movement within this portion of the Chelsea 
River and is needed to facilitate repair efforts and protect the 
maritime public from the hazards posed.

DATES: This rule is effective from May 13 until July 13, 2002.

ADDRESSES: Documents indicated in this preamble 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: LT David M. Sherry, Marine Safety 
Office Boston, Waterways Safety and Response Division, at (617) 223-
3000.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM) 
was not published for this rule. Good cause exists for not publishing 
an NPRM and for making this regulation effective in less than 30 days 
after Federal Register publication. Information about this event was 
not provided to the Coast Guard until April 25, 2002, making it 
impossible to draft or publish an NPRM or a final rule 30 days in 
advance of its effective date.
    The McArdle Bridge repairs were determined necessary as a result of 
recent inspections by the Massachusetts Highway Department, during 
which steel grating and support failures on the McArdle Bridge were 
discovered. Waterway closures in the vicinity of and beneath the bridge 
are needed because repair equipment and portions of the bridge deck 
will be extending over the waterway, and hotwork (welding and grinding) 
which will shoot sparks over the waterway in the vicinity of the bridge 
will be conducted. Delaying this work for sufficient time to conduct a 
public notice rulemaking and advanced publication would be contrary to 
the public interest for the reasons outlined below.
    The marine industry representatives who operate on the Chelsea and 
Fore Rivers have stated that it is in their best interest for this work 
to be completed during the prescribed time period. Work is already 
scheduled on the Weymouth Fore River Bridge from June to August 2002, 
during which time the waterway underneath the Weymouth Fore River 
Bridge will also be periodically closed. It is in the best interest of 
the public and industry that these two channel closures not have a 
significant overlap. With the closures scheduled in this rule (Chelsea 
River), there will be minimal overlap between the two projects (1 week 
total). These two rivers receive 100 percent of the petroleum for 
commercial sale in the Captain of the Port (COTP) Boston, MA zone, and 
the majority of the petroleum for all of New England. To have a 
significant overlap in the lengthy closures of both of these waterways 
would make planning petroleum vessel arrivals and departures around the 
closures extremely difficult, placing unmanageable burdens on the 
marine industry in both rivers, and as a result negatively impacting 
the supply of petroleum for the entire region. Thus, due to the already 
scheduled Weymouth Fore River safety zones and waterway restrictions, 
the next available time period to schedule the McArdle Bridge repairs 
would be fall or winter of 2002.
    Delaying the Chelsea River safety zones until the fall or winter of 
2002 will introduce different problems with respect to the bridge 
repairs, and place more burdens on the petroleum industry in the 
Chelsea River, than would conducting this work in the Spring as 
proposed. The industry receives more vessels during the fall and winter 
months than any other time due to the demand for home heating oil. 
Potential delays in petroleum-laden vessels during the critical fall 
and winter months could negatively impact local oil prices and 
consumers. In addition, significant delays in the actual McArdle Bridge 
repair work could result from cold weather during this time of year.
    Further delaying this work also places the future operability of 
the bridge for waterway and roadway use at risk. Further delay in the 
structural steel work again places at risk the ability of the marine 
terminals on the Chelsea River to continue to receive vessels. Also, 
the Massachusetts Highway Department will need to restrict road traffic 
over the bridge to a certain tonnage if the work is not done soon. If 
the work is delayed further, road traffic may be completely restricted 
from the bridge, causing unmanageable traffic situations in Chelsea and 
East Boston. Thus, it is in the best interest of maintaining safe 
marine commerce, avoiding significant road traffic problems, and 
ensuring the work is completed as safely and quickly as practicable, 
that these closures come into effect on May 13, 2002.
    This temporary safety zone is only for evening periods and should 
have a minimal impact on vessel transits due to the fact that the zone 
will be in effect only during night time when recreational boaters do 
not typically use the waterway, night time commercial traffic is 
already limited by the constraints of the regulations governing the 
Chelsea Street Bridge under 33 CFR 165.120, and the commercial users of 
the Chelsea River have stated that restricting night time use of the 
waterway during this time of the year will place the least burden on 
their operations.

Discussion of Rule

    This regulation establishes a safety zone on all waters of the 
Chelsea River 100-yards upstream and downstream of the McArdle Bridge. 
The safety zone is in effect from May 13 until July 13, 2002, and will 
be enforced from sunset until sunrise each day during this period. This 
safety zone prohibits entry into or movement within this portion of the 
Chelsea River and is needed to provide the Middlesex Corporation 
sufficient time to safely complete the necessary repairs, painting, 
steel support, and grating work. The work is needed to ensure the 
continued safe operability of the McArdle Bridge. The Captain of the 
Port does anticipate minimal negative impact on vessel traffic due to 
this repair work. Public notifications will be made prior to the 
effective period via local notice to mariners and marine information 
broadcasts.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of

[[Page 34613]]

Executive Order 12866, Regulatory Planning and Review, 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 
minimal enough that a full Regulatory Evaluation under paragraph 10e of 
the regulatory policies and procedures of DOT is unnecessary.
    Although this rule prevents traffic from transiting a portion of 
the Chelsea River during the prescribed periods, the effect of this 
rule will not be significant for several reasons: the channel will be 
closed during night time when recreational boaters do not typically use 
the waterway; many of the commercial vessels are already limited by 
size to daylight only transits due to the regulations governing the 
Chelsea Street Bridge under 33 CFR 165.120; and the commercial users of 
the Chelsea River have stated that restricting night time use of the 
waterway during this time of the year will not burden their operations.

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 a portion of the Chelsea River from May 13 until July 13, 2002, 
during sunset to sunrise each day of this period. This safety zone will 
not have a significant economic impact on a substantial number of small 
entities for the following reasons: the bridge will be closed during 
night time when recreational boaters do not typically use the waterway; 
most night time commercial traffic is already limited by the 
constraints of the regulations governing the Chelsea Street Bridge 
under 33 CFR 165.120; the commercial users of the Chelsea River have 
stated that restricting night time use of the waterway during this time 
of the year will not burden their operations; and the Coast Guard will 
issue maritime advisories widely available to users of Boston Harbor 
and the Chelsea River, before the effective period, via marine 
information broadcasts.

Assistance for Small Entities

    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 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 rule under Executive Order 13132, 
Federalism, 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, 
because it does not have 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:


[[Page 34614]]


    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. From May 13 until July 13, 2002 add temporary Sec. 165.T01-058 
to read as follows:


Sec. 165.T01-058  Safety Zone: Chelsea River Safety Zone for McArdle 
Bridge Repairs, Chelsea River, East Boston, Massachusetts.

    (a) Location. The following area is a safety zone: All waters of 
the Chelsea River 100-yards upstream and downstream of the McArdle 
Bridge, East Boston, MA.
    (b) Effective Date. This section is effective from May 13 until 
July 13, 2002, and will be enforced from sunset until sunrise each day 
during this period.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec. 165.23 of 
this part, entry into or movement within this zone is 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 (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: May 6, 2002.
B.M. Salerno,
Captain, U. S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 02-12121 Filed 5-14-02; 8:45 am]
BILLING CODE 4910-15-P