[Federal Register Volume 67, Number 146 (Tuesday, July 30, 2002)]
[Rules and Regulations]
[Pages 49240-49242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19241]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-02-096]
RIN 2115-AA97


Safety Zone; Chelsea River Safety Zone for McArdle Bridge 
Repairs, Chelsea River, East Boston, MA

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 July 18 until August 16, 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.

[[Page 49241]]


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. On May 15, 2002, we published in the 
Federal Register a temporary final rule entitled ``Safety Zone; Chelsea 
River Safety Zone for McArdle Bridge Repairs, Chelsea River, East 
Boston, Massachusetts'' (67 FR 34612). That rule expired on July 13, 
2002. This rule establishes a safety zone in the same location as the 
expired safety zone established by the previous rule, to ensure the 
safety of mariners and vessels in the vicinity of the bridge during 
repairs. Good cause exists for not publishing an NPRM and for making 
this rule effective in less than 30 days after Federal Register 
publication. The bridge repairs are taking longer than originally 
anticipated, and repairs are currently ongoing, making it impossible to 
draft or publish an NPRM or a final rule 30 days in advance of its 
effective date. In order to protect the safety of mariners and vessels 
in the vicinity of the bridge during repairs, this rule is immediately 
necessary.
    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 are 
extending over the waterway, and hotwork (welding and grinding) that 
shoots sparks over the waterway in the vicinity of the bridge is being 
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.
    Preventing the repair work from proceeding places the future 
operability of the bridge for waterway and roadway use at risk. It 
would also place 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 all repairs are not completed. If the 
repairs are not completed, road traffic may be completely restricted 
from the bridge, causing unmanageable traffic situations in Chelsea and 
East Boston, MA. Thus, it is in the best interest of maintaining safe 
marine commerce and avoiding significant road traffic problems that the 
safety zone be enacted to allow for the work to be completed. For these 
same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good 
cause exists for making this rule effective less than 30 days after 
publication in the Federal Register.
    This temporary safety zone is only effective for evening periods 
and will 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 vessel 
transits are already limited by the constraints of the Chelsea Street 
Bridge under 33 CFR 165, 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 rule 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 July 18, until August 16, 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 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 July 18 until August 16, 
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

[[Page 49242]]

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 M16475.1C, 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 and 160.5; 49 CFR 1.46.


    2. From July 18 until August 16, 2002 add temporary Sec. 165.T01-
096 to read as follows:


Sec. 165.T01-096  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 July 18 until 
August 16, 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: July 18, 2002.
C.M. DeLeo,
Commander, U. S. Coast Guard, Acting Captain of the Port, Boston, 
Massachusetts.
[FR Doc. 02-19241 Filed 7-25-02; 3:11 pm]
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