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Safety Zone: Chelsea Street Bridge, Chelsea River, Chelsea, MA

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 [Federal Register: May 15, 2000 (Volume 65, Number 94)]
[Rules and Regulations]
[Page 30883-30885]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15my00-15]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD1-00-123]
RIN 2115-AA97


Safety Zone: Chelsea Street Bridge, Chelsea River, Chelsea, MA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Chelsea River surrounding the Chelsea Street Bridge. The safety zone
temporarily closes all waters of the Chelsea River 100 yards upstream
and 100 yards downstream from the centerline of the Chelsea Street
Bridge. The safety zone is needed to protect vessels from the hazards
posed during repairs to the bridge fender system.

EFFECTIVE DATES: This rule is effective from Tuesday, May 30, 2000,
through Saturday, June 3, 2000, between 9 p.m. and 7:30 a.m. and from
Monday, June 5, 2000 through Saturday, June 10, 2000 between 6 p.m. and
5 a.m.

ADDRESSES: Comments and material received from the public, as well as

[[Page 30884]]

documents indicated in this preamble as being available in the docket,
are part of docket CGD1-00-123 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 Brian Downey, Waterways
Management Division, Coast Guard Marine Safety Office Boston, (617)
223-3000.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    As authorized by 5 U.S.C. 553, the Coast Guard did not publish a
Notice of Proposed Rulemaking (NPRM) for this regulation. Under 5
U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not
publishing a NPRM and for making this rule effective less than 30 days
after publication in the Federal Register. Any delay in implementing
this rule would be contrary to the public interest since immediate
action is needed to close a portion of the Chelsea River and protect
the maritime public from the hazards associated with bridge repair
activities.

Background and Purpose

    The Chelsea Street Bridge over the Chelsea River, Chelsea, MA,
requires repairs. During the repair evolution, barges will be moored in
the center of the channel. Barge placement requires the closure of the
waterway to ensure vessel safety during repairs to the bridge fender
system.
    This regulation establishes a safety zone in all waters of the
Chelsea River 100 yards upstream and 100 yards downstream from the
centerline of the Chelsea Street Bridge. This safety zone prohibits
entry into or movement within this portion of the Chelsea River. In an
effort to maximize commerce during the channel closures, waterway user
input was solicited at a March 9, 2000 meeting hosted by Marine Safety
Office Boston. The meeting was attended by 13 stakeholders. The nature
of the repair work to be conducted requires low tide conditions. The
Coast Guard was able to balance this need with community demands
through the aforementioned open forum, which arrived at a group
consensus between marine operators, the bridge owner, construction
contractor, and harbor pilots. A current safety zone under 33 CFR
165.120 closes this same channel portion to vessels over 630.5 feet
between sunset and sunrise. Therefore, the group, based on the
contractor's recommendation, agreed upon the nightly closures. The
duration of the safety zone will be from Tuesday, May 30, 2000 through
Saturday, June 3, 2000, between 9 p.m. and 7:30 a.m. and from Monday,
June 5, 2000 through Saturday, June 10, 2000 between 6 p.m. and 5 a.m.
The Coast Guard will make Marine Safety Information Broadcasts
informing mariners of this safety zone.

Regulatory Evaluation

    This final 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.
This finding is based on the limited duration of the safety zone and
limited commercial traffic expected in the area during the effective
periods. Moreover, commercial operators will receive advance channel
closure notification through Port Operators' Group meetings, Safety
Marine Information Broadcasts and industry dissemination. The early
notification will permit mariners ample time to alter voyage plans.

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. ``Small entities''
may include (1) small businesses and not-for-profit organizations that
are independently owned and operated and are not dominant in their
fields and (2) governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under section 605(b) of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) that this rule will not have a
significant 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 from May 30, 2000 through
June 3, 2000 between 9 p.m. and 7:30 a.m. and from June 5 through 10,
2000 between 6 p.m. and 5 a.m.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: The
Coast Guard will issue maritime advisories before the effective period
that will be widely available to users of the river; and the closures
are based on waterway user input.

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 final rule so that they
could better evaluate its effects on them and participate in the
rulemaking process. The Coast Guard coordinated a March 9, 2000 meeting
of Chelsea River users to gain input and feedback about the channel
closures. The group agreed upon the schedule provided.
    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 proposal calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    The Coast Guard has analyzed this rule under Executive Order 13132
and has determined that this rule does not have federalism implications
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 unfunded mandate costs. This rule will not impose an unfunded
mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise
have taking implications under E.O. 12630, Governmental Actions and
Interference

[[Page 30885]]

with Constitutionally Protected Property Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate
ambiguity, and reduce burden.

Protection of Children

    We have 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 concern an environmental
risk to health or risk to safety that may disproportionately affect
children.

Environment

    The Coast Guard considered the environmental impact of this final
rule and concluded that under Figure 2-1, paragraph 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 for inspection or copying
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.

    For reasons discussed in the preamble, the Coast Guard amends 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.T00-123 to read as follows:

Sec. 165.T00-123  Safety Zone: Chelsea Street Bridge, Chelsea River,
Chelsea, MA

    (a) Location. The following area is a safety zone: All waters of
the Chelsea River 100 yards upstream and 100 yards downstream from the
centerline of the Chelsea Street Bridge.
    (b) Effective Dates. This rule is effective from Tuesday, May 30,
2000 through Saturday, June 3, 2000 between 9 p.m. and 7:30 a.m. and
Monday, June 5, 2000 through Saturday, June 10, 2000 between 6 p.m. and
5 a.m.
    (c) Regulations. (1) Entry into or movement within this zone is
prohibited unless authorized by the Captain of the Port, (COTP) Boston.
    (2) All persons and vessels shall comply with the instructions of
the COTP or the designated on-scene U.S. Coast Guard patrol personnel.
U.S. Coast Guard patrol personnel include commissioned, warrant, and
petty officers of the U.S. Coast Guard.
    (3) The general regulations covering safety zones in Sec. 165.23
apply.

    Dated: May 5, 2000.
J.R. Whitehead,
Captain, Coast Guard. Captain of the Port, Boston, Massachusetts.
[FR Doc. 00-12148 Filed 5-12-00; 8:45 am]
BILLING CODE 4910-15-P

 
 

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