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Safety Zone; Chelsea River Safety Zone for McArdle Bridge Repairs, Chelsea River, East Boston, MA
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: July 30, 2002 (Volume 67, Number 146)]
[Rules and Regulations]
[Page 49240-49242]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jy02-5]
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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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