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Safety Zone; Fore River Bridge Repairs--Weymouth, MA
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[Federal Register: January 9, 2002 (Volume 67, Number 6)]
[Rules and Regulations]
[Page 1099-1101]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ja02-9]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-01-223]
RIN 2115-AA97
Safety Zone; Fore River Bridge Repairs--Weymouth, 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 Fore River (Route 3A) Bridge Repairs, starting January 1, 2002
until September 30, 2002, in Weymouth, MA. The safety zone is to ensure
the safe operation of a 55-foot-wide crane barge underneath the Fore
River Bridge in order to conduct repair operations, Monday through
Saturday of each week during the effective time period and is necessary
to protect maritime traffic in the area of the safety zone. The safety
zone prohibits vessels from operating within 30-feet of the barge.
DATES: This rule is effective from January 1, 2002 until September 30,
2002.
ADDRESSES: Documents as 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: Chief Petty Officer Michael Popovich,
Marine Safety Office Boston, Waterways Safety and Response Division, at
(617) 223-3067.
SUPPLEMENTARY INFORMATION:
Regulatory History
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. Discussions were held with all
interests most likely to be affected by this safety zone. These include
Massachusetts Highway Department, The Middlesex Corporation (TMC),
Weymouth Fore River operators, barge and ferry companies, and
recreational boater representatives. These interests agree that the
parameters of the zone will not unduly impair business and unscheduled
operations or transits of vessels. Therefore, notice and comment is
unnecessary. Any delay encountered in this regulation's effective date
would be unnecessary and contrary to public interest since immediate
action is needed to protect marine traffic from bridge construction
hazards while transiting a portion of the Fore River, Weymouth,
Massachusetts, during the Fore River Bridge repairs. This safety zone
should have minimal impact on vessel transits due to the fact that the
safety zone does not block the entire channel, and procedures have been
established for the movement of the construction barge, should larger
vessels that are unable to transit around the barge while in the
channel, need to transit the area. Notifications will be made to the
maritime community via notice to mariners and marine information
broadcasts informing them of boundaries of the zone.
Background and Purpose
A previous rulemaking, published at 66 FR 13851, effective from
February 21 through December 31, 2001, established a safety zone
identical to that established in this rulemaking to conduct repairs to
the Fore River Bridge. Additional time is needed to complete the
repairs required to allow for the proper operation of the bridge. The
safety zone allows TMC to place a 55-foot-wide crane barge in the Fore
River underneath the Fore River Bridge to conduct repair operations,
Monday through Saturday of each week from January 1, 2002 through
September 30, 2002. This safety zone prohibits vessels from operating
within 30-feet of the barge. Most marine traffic may transit safely
outside of the safety zone during the repairs. In the event a large
vessel should need to transit the channel, the TMC barge shall move
upon request. Requests to move the barge should be made directly to TMC
at (781) 665-3261 or (978) 590-2754 with as much advance notice as
possible (at least 8 hours is preferred). The Captain of the Port
anticipates minimal negative impact on vessel traffic due to this
event. Public notifications will be made prior to the effective period
via safety 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
[[Page 1100]]
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.
Although this regulation prevents traffic from transiting a portion
of the Weymouth Fore River during this bridge repair period, the effect
of this regulation will not be significant for several reasons:
maritime interests, which frequently use the channel, have provided
input into the scheduling of the bridge repairs, the safety zone does
not block the entire channel, advanced notice will be given through
marine broadcasts, and the construction barge will be required to move
upon request for larger vessels unable to transit around it while in
the channel.
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 Weymouth Fore River between
January 1 and September 30, 2002. This safety zone will not have a
significant economic impact on a substantial number of small entities
for the following reasons: The safety zone does not block the entire
channel, advanced notice will be given through marine broadcasts, and
the construction barge will be required to move upon request for larger
vessels unable to transit around it while in the channel.
Assistance for Small Entities
Under subsection 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 [Pub. L. 104-121], the Coast Guard
wants to assist small entities in understanding this final rule so that
they can better evaluate its effects on them and participate in the
rulemaking. If your small business or organization would be affected by
this final rule and you have questions concerning its provisions or
options for compliance, please call Chief Petty Officer Michael
Popovich, Marine Safety Office Boston, at (617) 223-3067. 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 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.lD, this 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 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. From January 1, 2002 until September 30, 2002, add temporary
Sec. 165.T01-223 to read as follows:
Sec. 165.T01-223 Safety Zone: Fore River Bridge Repairs--Weymouth,
Massachusetts.
(a) Location. The following area is a safety zone: All waters of
the Weymouth Fore River within a 30-foot radius of The Middlesex
Corporation (TMC) construction barge located under the Fore River
Bridge.
(b) 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
COTP or the
[[Page 1101]]
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.
(3) No person may enter the waters within the boundaries of the
safety zone unless previously authorized by the Captain of the Port,
Boston or his authorized patrol representative.
Dated: December 14, 2001.
B.M. Salerno,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 02-505 Filed 1-8-02; 8:45 am]
BILLING CODE 4910-15-P