[Federal Register Volume 76, Number 108 (Monday, June 6, 2011)]
[Rules and Regulations]
[Pages 32313-32316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13838]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0420]
RIN 1625-AA00
Safety Zone; Chelsea St. Bridge Demolition, Chelsea River,
Chelsea, MA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone within
the Sector Boston Captain of the Port (COTP) Zone for the demolition of
the Chelsea St. Bridge. This safety zone is necessary to provide for
the safety of life on navigable waters during the demolition
operations. Entering into, transiting through, mooring or anchoring
within this zone is prohibited unless authorized by the COTP or the
designated on-scene representative.
DATES: This rule is effective and will be enforced from 7 a.m. on June
6, 2011 to 7 a.m. on June 9, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0420 are available online by
going to http://www.regulations.gov, inserting USCG-2011-0420 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail MST1 David Labadie of the Waterways
Management Division, U.S. Coast Guard Sector Boston; telephone 617-223-
3010, e-mail [email protected]. If you have questions on viewing
material related to
[[Page 32314]]
the docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because sufficient information regarding the
dates of the demolition activities was not received in time to publish
a NPRM followed by a final rule as the demolition would occur before
the rulemaking process was complete.
The Chelsea Street Bridge will need to be demolished between June
6, and June 9, 2011. It is crucial to the operation of the waterway
that this $127 million-project remains on schedule, beginning with the
demolition of the existing bridge. There is a very complex timeline
required to be followed to ensure this waterway remains operational,
ensuring product delivery vital to New England, namely petroleum
products (e.g. heating oil and gasoline). If the bridge construction
project is held up or off schedule it would have serious ramifications
to the waterway stakeholders. Due to the dangers posed by the
demolition of such a large structure over a waterway, the safety zone
is necessary to provide for the safety of any vessels transiting the
area. For the safety concerns noted, it is in the public interest to
have these regulations in effect during the demolition.
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. Any delay in the effective date of
this rule would expose vessels and other property to the hazards
associated with demolition of such a large structure over the waterway.
Basis and Purpose
The legal basis for the temporary rule is 33 U.S.C. 1226, 1231, 46
U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; Public Law 107-295,
116 Stat. 2064; and Department of Homeland Security Delegation No.
0170.1, which collectively authorize the Coast Guard to define safety
zones.
The safety zone is being issued to establish a temporary limited
access area on the Chelsea River around the existing Chelsea St. Bridge
during the operations surrounding the bridge's demolition and removal.
Discussion of Rule
This temporary rule is necessary to ensure the safety of vessels
and other property from the hazards associated with bridge demolition
operations. The COTP Boston has determined that the demolition of such
a large structure over the waterway poses a significant risk to public
safety and property. Hazards include obstructions to the waterway that
may contribute to marine casualties, such as crane barges, work
vessels, and construction equipment, and large pieces of debris falling
into the water that may cause death or serious bodily harm.
Establishing a safety zone around the location of the demolition
operations will help ensure the safety of vessels and other property
and help minimize the associated risks.
The Coast Guard has been coordinating with contractors and local
stakeholders regarding the scope of the overall project. The
stakeholders that may be affected by this limited access area have been
involved with the planning of this project and are aware of the
potential impacts to waterway from this project.
Vessels may enter or transit through this safety zone during this
time frame if authorized by the COTP Boston or the designated
representative.
The COTP will cause notice of enforcement or suspension of
enforcement of this safety zone to be made by all appropriate means to
affect the widest distribution among the affected segments of the
public. Such means of notification will include, but is not limited to,
Broadcast Notice to Mariners and Local Notice to Mariners.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Executive Order 12866 and Executive Order 13563
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, 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.
The Coast Guard determined that this rule is not a significant
regulatory action for the following reasons: The safety zone will be of
limited duration, is located in a waterway that has no recreational
boating traffic; commercial traffic and potentially affected terminal
operators have been consulted and will coordinate their vessels
transits to avoid, to the extent possible, any disruptions in normal
operations.
Persons and/or vessels may enter the safety zone if they obtain
permission from the Coast Guard COTP, Boston.
Notifications will be made to the local maritime community through
the Local Notice to Mariners and Broadcast Notice to Mariners well in
advance of the demolition.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
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
would 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 enter,
transit through, moor or anchor in portions of the Chelsea River during
bridge demolition operations.
This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons: Vessels
will only be restricted from this safety zone for a short duration of
time. Persons and/or vessels may enter the safety zone if they obtain
permission from the Coast Guard COTP, Boston. Potentially affected
waterway users have plans in place to coordinate their vessel transits
to avoid, to the extent possible, any disruptions in normal operations.
There is no recreational boating traffic located in this waterway.
Notifications will be made to the local maritime community through
the Local Notice to Mariners and Broadcast Notice to Mariners well in
advance of the demolition.
[[Page 32315]]
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process. If the rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact MST1 David Labadie at the
telephone number or e-mail address indicated under the FOR FURTHER
INFORMATION CONTACT section of this notice.
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). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.
Taking of Private Property
This rule will not cause 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
We have 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 create 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.
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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded, under figure 2-1,
paragraph (34)(g), of the Instruction. This rule involves the
establishment of a safety zone. An environmental analysis checklist and
a categorical exclusion determination are available in the docket where
indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, 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
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and
160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.
0
2. Add Sec. 165.T01-0420 to read as follows:
Sec. 165.T01-0420 Chelsea St. Bridge Demolition, Chelsea River,
Chelsea, Massachusetts.
(a) General. A temporary safety zone is established for the bridge
demolition as follows:
(1) Location. All waters of the Chelsea River, from surface to
bottom, within the following points (NAD 83):
42[deg]23.10' N, 071[deg]01.26' W.
42[deg]23.15' N, 071[deg]01.20' W.
42[deg]23.10' N, 071[deg]01.17' W.
42[deg]23.07' N, 070[deg]01.24' W.
[[Page 32316]]
(2) Enforcement period. This rule is effective and will be enforced
from 7 a.m. on June 6, 2011 to 7 a.m. on June 9, 2011.
(b) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entering into, transiting through, mooring
or anchoring within this regulated area is prohibited unless authorized
by the Captain of the Port (COTP) Boston, or the designated on-scene
representative.
(2) The ``on-scene representative'' is any Coast Guard
commissioned, warrant, or petty officer who has been designated by the
COTP Boston to act on his behalf. The on-scene representative will be
aboard either a Coast Guard or Coast Guard Auxiliary vessel.
(3) Vessel operators desiring to enter or operate within the
regulated area shall contact the COTP or the designated on-scene
representative via VHF channel 16 or 617-223-5750 (Sector Boston
command center) to obtain permission to do so.
(4) Vessel operators given permission to enter or operate in the
regulated area must comply with all directions given to them by the
COTP or the designated on-scene representative.
(5) Notice of suspension of enforcement: The COTP Sector Boston may
temporarily suspend enforcement of the safety zone. If enforcement is
suspended, the COTP will cause a notice of the suspension of
enforcement by all appropriate means to affect the widest publicity
among the affected segments of the public. Such means of notification
may also include, but are not limited to, Broadcast Notice to Mariners
and Local Notice to Mariners. Such notification will include the date
and time that enforcement is suspended as well as the date and time
that enforcement will resume.
Dated: May 24, 2011.
John N. Healey,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2011-13838 Filed 6-3-11; 8:45 am]
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