[Federal Register Volume 63, Number 200 (Friday, October 16, 1998)]
[Rules and Regulations]
[Pages 55532-55533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27872]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-98-140]
RIN 2115-AA97
Safety Zone: Storrow Drive Connector Bridge (Central Artery
Tunnel Project), Charles River, 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 Central Artery Tunnel Project, Storrow Drive Connector Bridge
construction on the Charles River. The safety zone temporarily closes
all waters of the Charles River between the Gridley Lock and Dam and
the western side of the Amtrak Railroad Bridge while bridge spans for
the Storrow Drive Connector Bridge are erected. The safety zone is
needed to protect vessels from the hazards posed by bridge construction
activities upon a navigable waterway.
EFFECTIVE DATE: This rule is effective from September 30, 1998 through
December 31, 1998.
FOR FURTHER INFORMATION CONTACT:
LT Dennis O'Mara, 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.
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
As part of the Central Artery Tunnel Project, a new bridge, the
Storrow Drive Connector Bridge, will be built over the Charles River,
Boston, MA. Section 1 of
[[Page 55533]]
the Storrow Drive Connector Bridge, which will be located on the south
side of the Charles River between the Gridley Lock and Dam and the
Amtrak Railroad Bridge, is presently under construction. Six bridge
spans need to be erected during the construction of Section 1. These
bridge spans will be transported to Boston on board barges. The barges
will be towed into Boston Harbor with a single bridge span on each
barge. This will occur on six separate occasions over the next several
months. The spans will then be transported through the Gridley Lock,
put into place using a crane on a barge and secured. The crane and
barge cannot be shifted by vessel wakes during the securing process.
Therefore, a safety zone is necessary to allow the safe erection of the
six spans and to protect vessel traffic.
This regulation establishes a safety zone in all waters of the
Charles River between the Gridley Lock and Dam and the western side of
the Amtrak Railroad Bridge. This safety zone prevents entry into or
movement within this portion of the Charles River. Upon notification
from the primary contractor on the project, the Coast Guard will make
Marine Safety Information Broadcasts informing mariners of the
activation of this safety zone. The expected duration of the safety
zone will vary between eight and forty-eight hours depending upon
construction requirements. The safety zone will be activated primarily
on nights and/or weekends as construction on the Storrow Drive
Connector Bridge is restricted by weekday commuter rail traffic on the
Amtrak Railroad Bridge.
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 polices and procedures of DOT is
unnecessary. There is expected to be minimal recreational and
commercial traffic in this area, in part due to the seasonal end of the
recreational and tourist boating season. Commercial tour operators have
received advance notification of the project and can make alternate
arrangements. Due to the limited number and duration of the arrivals,
departures and transits, the Coast Guard expects the economic impact of
this regulation to be minimal.
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
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 (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:
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. Add temporary Sec. 165.T01-140 to read as follows:
Sec. 165.T01-140 Safety Zone: Storrow Drive Connector Bridge (Central
Artery Tunnel Project), Charles River, Boston, MA.
(a) Location. The following area is a safety zone: All waters of
the Charles River between the Gridley Lock and Dam and the western side
of the AMTRAK Railroad Bridge.
(b) Effective Date. This section is effective from September 30,
1998 to December 31, 1998.
(c) Notification. Upon notification from the primary contractor on
the Storrow Drive Connector Bridge construction project that a span is
ready to be erected, the Coast Guard will make Marine Safety
Information Broadcasts informing mariners of the activation of this
safety zone. The expected duration of the safety zone will vary between
eight and forty-eight hours depending upon construction requirements.
The safety zone will be activated primarily on nights and/or weekends.
(d) 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 section 165.23
of this part apply.
Dated: September 18, 1998.
J.L. Grenier,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 98-27872 Filed 10-15-98; 8:45 am]
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