Ports and waterways safety: Chelsea River, MA; safety zone,

[Federal Register: August 23, 1999 (Volume 64, Number 162)]

[Rules and Regulations]

[Page 45879-45880]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr23au99-10]

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD1-99-141]

RIN 2115-AA97

Safety Zone: Chelsea Street Bridge Fender System Repair, Chelsea River, Chelsea, MA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is establishing a temporary safety zone for the Chelsea Street Bridge fender system repairs on the Chelsea River. 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.

DATES: This rule is effective between the hours of 9:00 p.m. and 5:00 a.m., Monday through Friday, from August 4, 1999 through August 31, 1999.

ADDRESSES: Documents as indicated in this preamble are available for inspection or copying at Coast Guard Marine Safety Office, Boston, 455 Commercial Street, Boston, Massachusetts, 02109, between 8:00 a.m. and 3:00 p.m., Monday through Friday, except Federal holidays. The telephone number is (617) 223-3000.

FOR FURTHER INFORMATION CONTACT: ENS Rebecca Montleon, Waterways Management Division, Coast Guard Marine Safety Office Boston, (617) 223-3000.

SUPPLEMENTARY INFORMATION:

Regulatory History

Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM) was not published for this regulation and good cause exists for making it effective in less than 30 days after Federal Register publication. Details of the repairs to the bridge fender system were not provided to the Coast Guard until July 22, 1999, making it impossible to publish a NPRM or a final rule 30 days in advance with sufficient time for public comment. Any delay encountered in this regulation's effective date would be contrary to the public interest since immediate action is needed to close a portion of the waterway and protect the maritime public from the hazards associated with bridge construction activities upon a navigable waterway.

Background and Purpose

The Chelsea Street Bridge over the Chelsea River, Chelseas, MA, fender system is in need of repairs. During the repairs, barges will be moored in the center of the channel under the bridge, and pilings will be removed and/or replaced. The placement of the barge will require the closure of the waterway for the safety of vessels during the repairs to the bridge fender system. Therefore, a safety zone is necessary to allow the safe removal of pilings, repairs to the fender system, and to protect vessel traffic.

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 prevents entry into or movement within this portion of the Chelsea River. The expected duration of the safety zone will be between the hours of 9:00 p.m. and 5:00 a.m., Monday through Friday from August 4, 1999 until August 31, 1999. 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. It has not been reviewed by the Office of Management and Budget 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 recreational and commercial traffic expected in the area, and the fact that commercial operators have received advance notification of the project and can make alternate arrangements.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), 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

[[Page 45880]]

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.

For the reasons discussed in the Regulatory Evaluation above, 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.

Collection of Information

This rule contains no collection of information requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this rule under the principles and criteria contained in Executive Order 12612, and has determined that this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.

Environment

The Coast Guard has considered the environmental impact of this final rule and concluded that, under Figure 2-1, paragraph 34(g), of Commandant Instruction M16475.1C, this final 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 recordkeeping requirements, Security measures, Waterways.

Regulation

For reasons set out in the preamble, the Coast Guard amends 33 CFR Part 165 as follows:

PART 165--[AMENDED]

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.T01-141 to read as follows:

   Sec. 165.T01-141 Safety Zone: Chelsea Street Bridge fender system repair, 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 for the centerline of the Chelsea Street Bridge.

   (b) Effective date. This section is effective between the hours of 9:00 p.m. and 5:00 a.m., Monday through Friday, from August 4, 1999 through August 31, 1999.

   (c) Regulations. (1) Entry into or movement within this zone is prohibited unless authorized by the 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: August 4, 1999. J.R. Whitehead, Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.

   [FR Doc. 99-21789Filed8-20-99; 8:45 am]

   BILLING CODE 4910-15-M