[Federal Register Volume 64, Number 98 (Friday, May 21, 1999)]
[Rules and Regulations]
[Pages 27695-27696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12827]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD1-99-053]
RIN 2115-AA97
Safety Zone: Chelsea Street Bridge Fender System Repair, 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 for
repairs to the fender system of the Chelsea Street Bridge 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 system.
DATES: This rule is effective between 9 p.m. and 5 a.m., Monday through
Friday, from May 10, 1999, through July 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 a.m. and 3
p.m., Monday through Friday, except Federal holidays. The telephone
number is (617) 223-3000.
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, no notice of proposed rulemaking (NPRM)
was published for this temporary final rule, and good cause exists for
making it effective in less than 30 days after publication in the
Federal Register. Details for the repairs to the fender system of the
bridge were not provided to the Coast Guard until May 3, 1999, making
it possible to publish a NPRM or a final rule 30 days in advance. Any
delay encountered in the effective date of this rule 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 upon a navigable waterway.
Background and Purpose
The fender system of the Chelsea Street Bridge over the Chelsea
River, Chelsea, MA, needs repairs. During the repairs, barges will be
moored in the center of the channel under the bridge, and pilings will
be removed, replaced, or both. The placement of the barge will require
the closure of the waterway for the safety of vessels during the
repairs to the system. Therefore, a safety zone is necessary to allow
the safe removal of pilings and repairs to the fender system, and to
protect vessel traffic.
This temporary final rule 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 9 p.m. and 5 a.m.,
Monday through Friday, from May 10, 1999, through July 31, 1999. The
Coast Guard will make marine Safety Information Broadcasts informing
mariners of this safety zone.
Regulatory Evaluation
This temporary 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 its economic
impact to be so minimal that a full regulatory evaluation under
paragraph 10e of the 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
notice of the project and can make alternative arrangements.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this temporary final 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 temporary final 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 temporary final 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
temporary final rule and concluded that, under Figure 2-1, paragraph
34(g), of Commandment 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 indicted under ADDRESSES.
List of Subjects in 33 CFR part 165
Harbors, Marine safety, Navigation (water), Reporting 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. Section 165.100 is also issued
under authority of Sec. 311, Pub. L. 105-383.
[[Page 27696]]
2. Add temporary Sec. 165.T01-053 to read as follows:
Sec. 165.T01-053 Safety Zone: Repair to fender system of 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 Date. This section is effective between 9 p.m. and 5
a.m., Monday through Friday, from May 10, 1999, through july 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 patrol personnel of the U.S. Coast
Guard. Among those personnel are commissioned, warrant, and petty
officers of the U.S. Coast Guard.
(3) The general regulations covering safety zones in Sec. 165.23 of
this part apply.
Dated: May 6, 1999.
M.A. Skordinski,
Commander, U.S. Coast Guard, Alternate Captain of the Port, Boston,
Massachusetts.
[FR Doc. 99-12827 Filed 5-20-99; 8:45 am]
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