Safety Zone; Chelsea St. Bridge Demolition, Chelsea River, Chelsea, MA, 32313-32316 [2011-13838]
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32313
Rules and Regulations
Federal Register
Vol. 76, No. 108
Monday, June 6, 2011
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
§ 100.919 International Bay City River
Roar, Bay City, MI.
This special local regulation will be
enforced from 8 a.m. to 5:30 p.m. on
June 24, 2011 and from 9 a.m. to 6 p.m.
on June 25 and 26, 2011. In the case of
inclement weather on June 26, 2011,
this special local regulation will be
enforced from 9 a.m. to 6 p.m. on June
27, 2011.
§ 100.914 Trenton Rotary Roar on the
River, Trenton, MI.
DEPARTMENT OF HOMELAND
SECURITY
This special local regulation will be
enforced from 2 p.m. to 6 p.m. on July
22, 2011 and from 8 a.m. to 8 p.m. on
July 23 and 24, 2011.
Coast Guard
33 CFR Part 100
[Docket No. USCG–2010–0409]
§ 100.915 St. Clair River Classic Offshore
Race, St. Clair, MI.
Regattas and Marine Parades; Great
Lakes Annual Marine Events
This special local regulation will be
enforced daily from 10 a.m. to 6 p.m. on
July 29, 30 and 31, 2011.
Regulations:
(1) In accordance with the general
regulations in 33 CFR 100.901, entry
into, transiting, or anchoring within
these regulated areas is prohibited
unless authorized by the Captain of the
Port Detroit, or his designated on-scene
representative.
(2) These regulated areas are closed to
all vessel traffic, except as may be
permitted by the Captain of the Port
Detroit or his designated on-scene
representative.
(3) The ‘‘designated on-scene
representative’’ of the Captain of the Port
is any Coast Guard commissioned,
warrant, or petty officer who has been
designated by the Captain of the Port to
act on his behalf. The designated onscene representative of the Captain of
the Port will be aboard either a Coast
Guard or Coast Guard Auxiliary vessel.
The Captain of the Port or his
designated on scene representative may
be contacted via VHF Channel 16.
(4) Vessel operators desiring to enter
or operate within the regulated area
shall contact the Captain of the Port
Detroit or his designated on-scene
representative to obtain permission.
(5) Vessel operators given permission
to enter or operate in the regulated area
must comply with all directions given to
them by the Captain of the Port or his
designated on-scene representative.
AGENCY:
Coast Guard, DHS.
Notice of enforcement of
regulation.
ACTION:
The Coast Guard will enforce
various local regulations for annual
regattas and marine parades in the
Captain of the Port Detroit zone from
8 a.m. on June 24, 2011 through 6 p.m.
on July 31, 2011. This action is
necessary and intended to ensure safety
of life on the navigable waters
immediately prior to, during, and
immediately after regattas or marine
parades. This rule will establish
restrictions upon, and control
movement of, vessels in specified areas
immediately prior to, during, and
immediately after regattas or marine
parades. During the enforcement
periods, no person or vessel may enter
the regulated areas without permission
of the Captain of the Port.
SUMMARY:
The regulations in 33 CFR
100.914, 100.915, 100.918, and 100.919
will be enforced at various times
between June 24, 2011 and July 31,
2011.
DATES:
If
you have questions on this notice, call
or e-mail LT Katie Stanko, Prevention
Department, Sector Detroit, Coast
Guard; telephone (313) 568–9508,
e-mail Katie.R.Stanko@uscg.mil.
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FOR FURTHER INFORMATION CONTACT:
The Coast
Guard will enforce the following special
local regulations at the following times:
SUPPLEMENTARY INFORMATION:
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Dated: May 19, 2011.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2011–13759 Filed 6–3–11; 8:45 am]
BILLING CODE 9110–04–P
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
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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
https://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
david.j.labadie@uscg.mil. If you have
questions on viewing material related to
SUMMARY:
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Federal Register / Vol. 76, No. 108 / Monday, June 6, 2011 / Rules and Regulations
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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 millionproject 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
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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
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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.
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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.
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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.
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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
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32315
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
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.
2. Add § 165.T01–0420 to read as
follows:
■
§ 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°23.10′ N, 071°01.26′ W.
42°23.15′ N, 071°01.20′ W.
42°23.10′ N, 071°01.17′ W.
42°23.07′ N, 070°01.24′ W.
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Federal Register / Vol. 76, No. 108 / Monday, June 6, 2011 / Rules and Regulations
(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 § 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 onscene 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 onscene 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]
BILLING CODE 9110–04–P
LIBRARY OF CONGRESS
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Copyright Office
37 CFR Part 201
[Docket No. RM 2010–5]
Gap in Termination Provisions
Copyright Office, Library of
Congress.
ACTION: Final rule.
AGENCY:
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The Copyright Office is
amending its regulations governing
notices of termination of certain grants
of transfers and licenses of copyright
under section 203 of the Copyright Act.
The amendments are intended to clarify
the recordation practices of the
Copyright Office regarding the content
of certain notices of termination, and
the circumstances under which such
notices will be accepted by the Office.
In particular, they clarify that the
Copyright Office will record section 203
notices of termination of grants for
works created after 1977 even when the
agreement to make a grant was made
before 1978.
DATES: Effective Date: June 6, 2011.
FOR FURTHER INFORMATION CONTACT:
David O. Carson, General Counsel, P.O.
Box 70400, Washington, DC 20024.
Telephone: (202) 707–8380. Telefax:
(202) 707–8366. All prior Federal
Register notices and public comments
in this docket and a related inquiry are
available at https://www.copyright.gov/
docs/termination.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The Copyright Act gives authors (and
some heirs, beneficiaries and
representatives who are specified by
statute) the right to terminate certain
grants of transfers or licenses within the
time frames set forth in the statute and
subject to the execution of certain
conditions precedent. Termination
rights (also referred to as ‘‘recapture
rights’’) are equitable accommodations
under the law. They allow authors or
their heirs a second opportunity to share
in the economic success of their works.
These termination rights are codified in
sections 203, 304(c), 304(d) and 203 of
Title 17 of the United States Code. They
do not apply to copyrights in works
made for hire or grants made by will.
Sections 304(c) and 304(d) establish
termination rights for works that had
subsisting copyrights on January 1,
1978, the effective date of the 1976
Copyright Act. Section 203, which is the
subject of this rulemaking, establishes
termination rights for works subject to
grants of transfers or licenses made on
or after the effective date of the 1976
Copyright Act, but only to the extent
they were executed by the author.
The current rulemaking addresses a
narrow fact pattern that was also the
subject of a related notice of inquiry
published March 29, 2010. (75 FR
15390). Through the notice of inquiry,
the Office sought comments as to
whether or how the termination
provisions apply in circumstances
where an author agreed to make a grant
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prior to January 1, 1978, but the work
in question was created on or after
January 1, 1978—circumstances raised
by some authors and songwriters and
their representatives in discussions with
the Copyright Office and some
congressional offices. Such grants are
sometimes called ‘‘Gap Grants’’ in light
of a perception that in creating the
section 304 termination process and the
section 203 termination process, as
described above, Congress may have
created a ‘‘gap’’ by failing to address
circumstances in which authors (or
would-be authors) agreed to make grants
prospectively, before January 1, 1978,
for works they did not create until on
or after that date.
In response to the Notice of Inquiry
seeking comments on the so-called
‘‘gap,’’ the Copyright Office received
sixteen initial comments and nine reply
comments. These comments are
available online on the Copyright Office
Web site, at https://www.copyright.gov/
docs/termination/. Most concluded that
the termination right provided in
section 203 of the Copyright Act is
applicable to Gap Grants as currently
codified, reasoning that a grant is not
fully executed under the law until the
relevant work has been created.
Multiple commenters expanded on this
point, observing, in turn, that there can
be no author, no copyright interest and
no grant of copyright under Title 17
until there is first a work of authorship.
One comment, however, urged caution,
questioning whether, at least in the case
of written grants, Congress intended the
date of execution for the purposes of
section 203 to mean the date the grant
was signed. This view could not apply
to grants made orally, but it would mean
section 203 cannot apply to any fact
patterns in which grants are executed in
writing and signed prior to January 1,
1978.
Based on the comments received and
its own analysis, the Copyright Office
concluded that the better interpretation
of the law is that Gap Grants are
terminable under section 203, as
currently codified, because as a matter
of copyright law, a transfer that predates
the existence of the copyrighted work
cannot be effective (and therefore
cannot be ‘‘executed’’) until the work of
authorship (and the copyright) come
into existence. In arriving at this
conclusion, the Copyright Office looked
at the plain meaning of Title 17,
including section 203, as well as the
legislative history of the termination
provisions. It also considered transfer of
copyrights and renewal rights under
common law, prior to enactment of the
termination provisions. See Analysis of
Gap Grants Under the Termination
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Agencies
[Federal Register Volume 76, Number 108 (Monday, June 6, 2011)]
[Rules and Regulations]
[Pages 32313-32316]
From the Federal Register Online via the Government Printing 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.
-----------------------------------------------------------------------
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 https://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 david.j.labadie@uscg.mil. 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]
BILLING CODE 9110-04-P