Regulated Navigation Area; Chelsea Street Bridge Construction, Chelsea, MA, 42545-42549 [2011-18044]
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Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Rules and Regulations
approved by Commander, Coast Guard
Sector North Carolina.
(4) Spectator means all persons and
vessels not registered with the event
sponsor as participants or official patrol.
(c) Special local regulations: (1) The
Coast Guard Patrol Commander may
forbid and control the movement of all
vessels in the vicinity of the regulated
area. When hailed or signaled by an
official patrol vessel, a vessel
approaching the regulated area shall
immediately comply with the directions
given. Failure to do so may result in
termination of voyage and citation for
failure to comply.
(2) The Coast Guard Patrol
Commander may terminate the event, or
the operation of any support vessel
participating in the event, at any time it
is deemed necessary for the protection
of life or property. The Coast Guard may
be assisted in the patrol and
enforcement of the regulated area by
other Federal, State, and local agencies.
(3) Vessel traffic, not involved with
the event, may be allowed to transit the
regulated area with the permission of
the Patrol Commander. Vessels that
desire passage through the regulated
area shall contact the Coast Guard Patrol
Commander on VHF–FM marine band
radio for direction. Only participants
and official patrol vessels are allowed to
enter the regulated area.
(4) All Coast Guard vessels enforcing
the regulated area can be contacted on
marine band radio VHF–FM channel 16
(156.8 MHz) and channel 22 (157.1
MHz). The Coast Guard will issue
marine information broadcast on VHF–
FM marine band radio announcing
specific event date and times.
(d) Enforcement period: This section
will be enforced from 10 a.m. to 4 p.m.
on August 20–21, 2011.
Dated: July 5, 2011.
T.M. Cummins,
Commander, U.S. Coast Guard, Acting
Captain of the Port North Carolina.
[FR Doc. 2011–18043 Filed 7–18–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
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Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0536]
RIN 1625–AA11
Regulated Navigation Area; Chelsea
Street Bridge Construction, Chelsea,
MA
AGENCY:
Coast Guard, DHS.
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ACTION: Temporary interim rule with
request for comments.
SUMMARY: The United States Coast
Guard is establishing a regulated
navigation area (RNA) on the navigable
waters of the Chelsea River under and
surrounding the Chelsea Street Bridge
(CSB) that crosses the Chelsea River
between East Boston and Chelsea,
Massachusetts. This temporary interim
rule allows the Coast Guard to suspend
all vessel traffic within the RNA for
construction operations, both planned
and unforeseen, that could pose an
imminent hazard to vessels operating in
the area. This rule is necessary to
provide for the safety of life on the
navigable waters during the
construction of the Chelsea Street
Bridge.
DATES: This rule is effective in the CFR
on July 19, 2011 through May 31, 2012.
This rule is effective with actual notice
for purposes of enforcement on July 8,
2011.
ADDRESSES: You may submit comments
identified by docket number USCG–
2011–0536 using any one of the
following methods:
(1) Federal e-Rulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: 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–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
Documents indicated in this preamble
as being available in the docket are part
of docket USCG–2011–0536 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2011–0536 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
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42545
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 the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change, to https://
www.regulations.gov and will include
any personal information you have
provided.
As this interim rule will be in effect
before the end of the comment period,
the Coast Guard will evaluate and revise
this rule as necessary to address
significant public comments.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2011–0536),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (via https://
www.regulations.gov) or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online via
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand deliver, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an e-mail
address, or a telephone number in the
body of your document so that we can
contact you if we have questions
regarding your submission.
To submit your comment online, go to
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rule’’ and insert
‘‘USCG–2011–0536’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
If you submit comments by mail or hand
delivery, submit them in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying and electronic
filing. If you submit comments by mail
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Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Rules and Regulations
and would like to know that they
reached the Facility, please enclose a
stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period and may change
this rule based on your comments.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2011–
0536’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. You may also visit the Docket
Management Facility in Room W12–140
on the ground floor of the Department
of Transportation West Building, 1200
New Jersey Avenue, SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
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Public Meeting
We do not now plan to hold a public
meeting in connection with the public
comment period for this interim rule.
But you may submit a request for one
using one of the four methods specified
under ADDRESSES. Please explain why
you believe a public meeting would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
Although they were not held
specifically to solicit public comments
on this interim rule, and were not
announced in the Federal Register, the
Coast Guard has held or participated in
multiple locally announced informal
waterway user meetings where
waterway closures and restrictions were
discussed, and we anticipate holding
one or more additional informal
meetings, with opportunity for public
questions or comments, during the
bridge construction. We will provide
written summaries of any such meetings
in the docket.
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Regulatory Information
The Coast Guard is issuing this
interim rule without prior Federal
Register notice 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 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 the need for waterway
closures was not brought to the
attention of the Coast Guard until April
5, 2011. Concerned that the initial
waterway closures proposed by J.F.
White Contracting Company might have
a significant impact on waterway users,
it was necessary for the Coast Guard to
move quickly to protect public safety.
There was insufficient time and
therefore it was impracticable to issue
an NPRM and conduct a prior notice
and comment period. We held informal
planning meetings at which the
construction plans were presented to
and discussed with waterway users;
stakeholder comments and concerns
were identified and many have been
incorporated into this regulation. To
view the stakeholder comments and
concerns see the CSB meeting minutes
in the docket. This rule is necessary to
protect the safety of both the
construction crew and the waterway
users operating in the vicinity of the
bridge construction zone. A delay or
cancellation of the ongoing bridge
maintenance in order to accommodate a
full notice and comment period would
be contrary to the public interest as it
would delay necessary operations thus
prolonging the time that construction
barges and equipment would be in this
location. Additionally, the dynamic
nature of the construction process and
multitude of construction vessels
necessitate that all mariners navigate at
a safe speed within the RNA in
accordance with Rule 6 of the Inland
Navigation Rules, as the barge and
construction equipment configuration
may change on a daily basis. In order to
address any further public concerns,
this rule is available for public comment
until September 19, 2011. At that time
the Coast Guard will publish an
amended rule if necessary to address
public concerns.
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, as immediate action is needed
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to protect vessels transiting the area
from hazards imposed by construction
barges and equipment on the Chelsea
River under and surrounding the
Chelsea Street Bridge, Chelsea, MA. Any
delay in the effective date of this rule
would be contrary to the public interest
as immediate action is necessary to
close the channel as needed from July
8, 2011 to May 31, 2012. These closures
are necessary in order to protect vessels
transiting in the area from hazards
imposed by construction barges and
equipment and to expedite the removal
of the old Chelsea St. Bridge and
construction of the new bridge and
fender system.
Basis and Purpose
Under the Ports and Waterways Safety
Act, the Coast Guard has the authority
to establish RNAs in defined water areas
that are determined to have hazardous
conditions and in which vessel traffic
can be regulated in the interest of safety.
See 33 U.S.C. 1231 and Department of
Homeland Security Delegation No.
0170.1.
The construction of the Chelsea Street
Bridge involves large machinery and
construction vessel operations above
and in the navigable waters of the
Chelsea River. The ongoing operations
are, by their nature, hazardous and pose
risks both to recreational and
commercial traffic as well as the
construction crew. In order to mitigate
the inherent risks involved in the
construction, it is necessary to control
vessel movement through the area.
The purpose of this rule is to ensure
the safety of waterway users, the public,
and construction workers for the
duration of the Chelsea Street Bridge
construction from July 8, 2011 through
May 31, 2012. The RNA will also
protect vessels desiring to transit the
area by ensuring that vessels are only
permitted to transit when it is safe to do
so.
Discussion of Rule
This action is intended to prohibit
vessel traffic on a portion of the Chelsea
River, when necessary for the safety of
navigation, while construction
equipment works in the channel on
demolition of the existing bridge and
construction of its replacement. The
Coast Guard may close the area
prescribed in this rule to all vessel
traffic during any circumstance,
planned or unforeseen, that poses an
imminent threat to waterway users
operating in the area. Complete
waterway closures will be made with as
much advance notice as possible.
The Coast Guard has discussed this
project at length with the construction
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contractor, J.F. White Contracting
Company, to identify if the project can
be completed without channel closures
and, if possible, what impact that would
have on the project timeline. Through
these discussions, it became clear that
while the majority of construction
activities during the span of this project
would not require waterway closures,
there are certain tasks that can only be
completed in the channel and will
require closing the waterway. J.F. White
issued a letter on April 5, 2011 detailing
the required channel work phases that
will need waterway closures.
There are currently two planned and
ten proposed channel closure periods
which are outlined below:
The first planned closure period will
be from September 28–30, 2011, and
will coincide with the launching of the
new bridge truss.
The second planned closure will be
from October 7–9, 2011 and will
coincide with the concrete bridge deck
placement.
There will be four proposed closure
periods on dates to be determined
between October and December 2011 for
the installation of new bulkheads along
both sides of the Chelsea River.
The fifth and sixth proposed closure
periods will take place in January 2012
for the demolition of the fendering
system and the dredging on the Chelsea,
MA side of the Chelsea River. These
will be for 15-day periods and will be
intermittent closures.
The seventh proposed closure period
will take place in February 2012 for the
installation of new aids to navigation on
the Chelsea, MA side of the Chelsea
River and will be a 7-day period with
intermittent closures.
The eighth and ninth proposed
closure periods will take place in
February and March of 2012 for the
demolition of the fendering system and
the dredging on the E. Boston, MA side
of the Chelsea River. These will be for
15-day periods and will be intermittent
closures.
The tenth proposed closure period
will take place in March 2012 for the
installation of new aids to navigation on
the E. Boston, MA side of the Chelsea
River and will be a 7-day period with
intermittent closures.
The project is expected to be complete
in April 2012 but this rule will be made
effective through the end of May 2012
to account for any unforeseen
construction delays.
On a case-by-case basis, depending on
the construction schedule, J.F. White
may request a waterway closure on
various dates from July 8, 2011 through
May 31, 2012. As discussed below, J.F
White will notify the Coast Guard of
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planned activities as soon as possible;
preferably four weeks in advance of any
event.
The Coast Guard will notify the
maritime community of planned
waterway closure dates via Marine
Information Broadcasts, Coast Guard
Local Notices to Mariners and Marine
Safety Information Bulletins.
Closure periods listed above will be
made available to J. F. White
Contracting Company with the
understanding that the construction
schedule as well as weather and tide
conditions may not allow them to use
all closures. For that reason, J. F. White
will notify the Coast Guard of planned
activities as soon as possible and
preferably four weeks in advance.
Closure periods similar to those
outlined above should be expected
throughout the duration of this rule.
Additionally, during the winter and into
the early spring of 2012 there will
certain tasks (i.e. bulkhead and Aids to
Navigation installation) that will require
a more than 24-hour closure as well as
several 15-day long, 12 hour closures to
complete the demolition of fender
systems and dredging operations. Once
these closure periods are identified they
will be published with 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. Entry into
this RNA during a closure is prohibited
unless authorized by the Sector Boston
Captain of the Port (COTP). In the event
of an emergency all construction
equipment shall be removed from the
channel to allow for emergency vessels
to pass (i.e., Fire Rescue Boat, Marine
Police Boat, or Environmental Response
Boat).
The implementation of this RNA does
not negate the fact that the Inland Rules
of the Road as found in 33 CFR part 84
(subchapter E) must be strictly adhered
to. Mariners are strongly urged to
monitor VHF channel 13 when
transiting the area and to communicate
with fellow mariners to facilitate
movement and/or passing arrangements
within the channel.
Any violation of the RNA described
herein is punishable by, among others,
civil and criminal penalties, in rem
liability against the offending vessel,
and the initiation of suspension or
revocation proceedings against Coast
Guard-issued merchant-mariner
credentials.
The Sector Boston Captain of the Port
will cause notice of enforcement,
suspension of enforcement, or closure of
this RNA to be made by all appropriate
means to affect the widest distribution
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42547
among the affected segments of the
public. Such means of notification will
include, but is not limited to, Notice of
Enforcement published in the Federal
Register, 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.
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 will not have
a significant economic impact on
substantial number of small entities.
This rule will affect the following
entities some of which may be small
entities: The owners or operators of
marinas, charter fishing vessels and
commercial fishing vessels who intend
to transit in those portions of the
Chelsea River between July 8, 2011 and
May 31, 2012.
This regulation may have some
impact on the public, but the potential
impact will be minimized for the
following reasons: The area of the
closure is not likely to be transited by
pleasure craft and they will be able to
operate on all other portions of the
Chelsea River not covered by the RNA.
Additionally, many parties that have the
potential to be affected have been
involved in the discussions and have
made plans to work around the closure
times. Marine radio broadcasts
informing the public of any closures
made by the RNA will be made before,
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during, and at the conclusion of the
RNA closure enforcement periods.
Although the RNA will apply to the
entire width of the river, under and
surrounding the Chelsea Street Bridge
traffic will be allowed to pass through
the area with the permission of the
COTP. Before the effective period, we
will issue maritime advisories widely
available to users of the river.
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
this rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call LT Judson
Coleman, Prevention Department,
Sector Long Island Sound, at 203–468–
4596.
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.
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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
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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.
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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 this action is one of a
category of actions which 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 establishing of a regulated
navigation area and therefore falls
within the categorical exclusion noted
above. An environmental analysis
checklist and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES. Any comments received
concerning environmental impacts will
be considered and changes made to the
environmental analysis checklist and
categorical exclusion determination as
appropriate.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
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:
■
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Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 50 U.S.C. 191, 195; 33 CFR
1.05–1, 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.T01–0536 to read as
follows:
■
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§ 165.T01–0536 Regulated Navigation
Area; Chelsea Street Bridge Construction,
Chelsea, MA.
(a) Location. The following area is a
regulated navigation area: All navigable
waters of the Chelsea River in Chelsea,
MA, from surface to bottom, within the
following points (NAD 83): from
42°23.10′ N, 071°01.26′ W; thence to
42°23.15′ N, 071°01.20′ W; thence to
42°23.10′ N, 071°01.17′ W; thence to
42°23.07′ N, 071°01.24′ W; thence back
to the first point.
(b) Regulations. (1) The general
regulations contained in 33 CFR 165.10,
165.11, and 165.13 apply.
(2) In accordance with the general
regulations, entering into, transiting
through, mooring or anchoring within
this regulated area is prohibited unless
authorized by the Captain of the Port
(COTP) Boston.
(3) All persons and vessels must
comply with the Coast Guard Captain of
the Port or the designated on-scene
patrol personnel.
(4) Upon being hailed by a U.S. Coast
Guard vessel by siren, radio, flashing
light or other means, the operator of the
vessel must proceed as directed.
(5) Vessels may request permission to
enter the zone during periods of
enforcement on VHF–16 or via phone at
617–223–5757.
(6) All other relevant regulations,
including but not limited to the Rules of
the Road (33 CFR part 84—Subchapter
E, Inland Navigational Rules) remain in
effect within the regulated area and
should be strictly followed at all times.
(c) Effective Period. This rule is
effective from July 8, 2011 to 11:59 p.m.
on May 31, 2012.
(d) Enforcement Period. (1) This
regulated navigation area is enforceable
24 hours a day from July 8, 2011 until
May 31, 2012.
(2) Notice of suspension of
enforcement. 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.
VerDate Mar<15>2010
14:19 Jul 18, 2011
Jkt 223001
(3) Notice of waterway closure. In the
event of a complete waterway closure,
the COTP will make advance notice of
the closure by all means available to
affect the widest public distribution
including, but not limited to, Broadcast
Notice to Mariners and Local Notice to
Mariners. Such notification will include
the date and time of the closure as well
as the date and time that normal vessel
traffic can resume.
(4) Violations of this regulated
navigation area may be reported to the
COTP Sector Boston, at 617–223–5757
or on VHF–Channel 16.
Dated: July 7, 2011.
J.B. McPherson,
Captain, U.S. Coast Guard, Acting
Commander, First Coast Guard District.
[FR Doc. 2011–18044 Filed 7–18–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
42549
found in 33 CFR 100.1303 restricting
regular navigation and anchoring
activities on the Columbia River during
the periods specified in the DATES
section.
Under the provisions of 33 CFR
100.1303, no person or vessel may enter
or remain in the area without
permission of the Captain of the Port,
Columbia River or his designated onscene Patrol Commander. Persons or
vessels wishing to enter the area may
request permission to do so from the onscene Captain of the Port representative
via VHF Channel 16 or 13. The Coast
Guard may be assisted by other Federal,
State, or local enforcement agencies in
enforcing this regulation.
This notice is issued under authority
of 33 CFR 165.1318 and 5 U.S.C. 552 (a).
In addition to this notice in the Federal
Register , the Coast Guard will provide
the maritime community with
notification of these enforcement
periods via the Local Notice to
Mariners.
Dated: July 5, 2011.
L.R. Tumabarello,
Captain, U.S. Coast Guard, Acting Captain
of the Port, Sector Columbia River.
33 CFR Part 165
[Docket No. USCG–2011–0595]
Columbia Unlimited Hydroplane
Races; Kennewick, WA
Coast Guard, DHS.
Notice of enforcement of
regulation.
[FR Doc. 2011–18045 Filed 7–18–11; 8:45 am]
BILLING CODE 9110–04–P
AGENCY:
ACTION:
ENVIRONMENTAL PROTECTION
AGENCY
SUMMARY: The Coast Guard will enforce
the Special Local Regulation for the
Columbia Unlimited Hydroplane Races.
This regulation which restricts
navigation and anchorage on the
Columbia River for six days at the end
of July. This action is necessary to
ensure the safety of the vessels involved
in the Annual Kennewick, Washington,
Columbia Unlimited Hydroplane Races
(Water Follies). During the enforcement
period, no person or vessel may operate
their vessels in this area without
permission from the on scene Patrol
Commander.
DATES: The regulations in 33 CFR
100.1303 will be enforced from
Tuesday, July 26, through Sunday, July
31, 2011 from 8:30 a.m. until the last
race is completed each day at
approximately 7:30 p.m., unless sooner
terminated by the Patrol Commander.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice, call
or e-mail BM1 Silvestre Suga III, Coast
Guard Marine Safety Unit Portland;
telephone 503–240–9327, e-mail
Silvestre.G.Suga@USCG.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the regulations
40 CFR Part 52
PO 00000
Frm 00081
Fmt 4700
Sfmt 4700
[EPA–R06–OAR–2008–0635; FRL–9437–8]
Approval and Promulgation of Air
Quality Implementation Plans;
Louisiana; Section 110(a)(2)
Infrastructure Requirements for 1997
8-Hour Ozone and Fine Particulate
Matter National Ambient Air Quality
Standards
AGENCY: Environmental Protection
Agency (EPA)
ACTION: Final rule.
SUMMARY: EPA is approving submittals
from the state of Louisiana pursuant to
the Clean Air Act (CAA or Act) that
address the infrastructure elements
specified in the CAA section 110(a)(2),
necessary to implement, maintain, and
enforce the 1997 8-hour ozone and 1997
fine particulate matter (PM2.5) national
ambient air quality standards (NAAQS
or standards). We are determining that
the current Louisiana State
Implementation Plan (SIP) meets the
following infrastructure elements which
were subject to EPA’s completeness
findings pursuant to CAA section
110(k)(1) for the 1997 8-hour ozone
E:\FR\FM\19JYR1.SGM
19JYR1
Agencies
[Federal Register Volume 76, Number 138 (Tuesday, July 19, 2011)]
[Rules and Regulations]
[Pages 42545-42549]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18044]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0536]
RIN 1625-AA11
Regulated Navigation Area; Chelsea Street Bridge Construction,
Chelsea, MA
AGENCY: Coast Guard, DHS.
ACTION: Temporary interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The United States Coast Guard is establishing a regulated
navigation area (RNA) on the navigable waters of the Chelsea River
under and surrounding the Chelsea Street Bridge (CSB) that crosses the
Chelsea River between East Boston and Chelsea, Massachusetts. This
temporary interim rule allows the Coast Guard to suspend all vessel
traffic within the RNA for construction operations, both planned and
unforeseen, that could pose an imminent hazard to vessels operating in
the area. This rule is necessary to provide for the safety of life on
the navigable waters during the construction of the Chelsea Street
Bridge.
DATES: This rule is effective in the CFR on July 19, 2011 through May
31, 2012. This rule is effective with actual notice for purposes of
enforcement on July 8, 2011.
ADDRESSES: You may submit comments identified by docket number USCG-
2011-0536 using any one of the following methods:
(1) Federal e-Rulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
Documents indicated in this preamble as being available in the
docket are part of docket USCG-2011-0536 and are available online by
going to https://www.regulations.gov, inserting USCG-2011-0536 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
the docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to https://www.regulations.gov and will include any
personal information you have provided.
As this interim rule will be in effect before the end of the
comment period, the Coast Guard will evaluate and revise this rule as
necessary to address significant public comments.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2011-0536), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via https://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via www.regulations.gov, it will be considered received
by the Coast Guard when you successfully transmit the comment. If you
fax, hand deliver, or mail your comment, it will be considered as
having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2011-0536'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit comments by mail or hand delivery, submit them in
an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail
[[Page 42546]]
and would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
this rule based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2011-0536'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting in connection with the
public comment period for this interim rule. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register. Although they were not held specifically to solicit public
comments on this interim rule, and were not announced in the Federal
Register, the Coast Guard has held or participated in multiple locally
announced informal waterway user meetings where waterway closures and
restrictions were discussed, and we anticipate holding one or more
additional informal meetings, with opportunity for public questions or
comments, during the bridge construction. We will provide written
summaries of any such meetings in the docket.
Regulatory Information
The Coast Guard is issuing this interim rule without prior Federal
Register notice 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 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 the need for waterway closures was not brought to the
attention of the Coast Guard until April 5, 2011. Concerned that the
initial waterway closures proposed by J.F. White Contracting Company
might have a significant impact on waterway users, it was necessary for
the Coast Guard to move quickly to protect public safety. There was
insufficient time and therefore it was impracticable to issue an NPRM
and conduct a prior notice and comment period. We held informal
planning meetings at which the construction plans were presented to and
discussed with waterway users; stakeholder comments and concerns were
identified and many have been incorporated into this regulation. To
view the stakeholder comments and concerns see the CSB meeting minutes
in the docket. This rule is necessary to protect the safety of both the
construction crew and the waterway users operating in the vicinity of
the bridge construction zone. A delay or cancellation of the ongoing
bridge maintenance in order to accommodate a full notice and comment
period would be contrary to the public interest as it would delay
necessary operations thus prolonging the time that construction barges
and equipment would be in this location. Additionally, the dynamic
nature of the construction process and multitude of construction
vessels necessitate that all mariners navigate at a safe speed within
the RNA in accordance with Rule 6 of the Inland Navigation Rules, as
the barge and construction equipment configuration may change on a
daily basis. In order to address any further public concerns, this rule
is available for public comment until September 19, 2011. At that time
the Coast Guard will publish an amended rule if necessary to address
public concerns.
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, as immediate action is needed to
protect vessels transiting the area from hazards imposed by
construction barges and equipment on the Chelsea River under and
surrounding the Chelsea Street Bridge, Chelsea, MA. Any delay in the
effective date of this rule would be contrary to the public interest as
immediate action is necessary to close the channel as needed from July
8, 2011 to May 31, 2012. These closures are necessary in order to
protect vessels transiting in the area from hazards imposed by
construction barges and equipment and to expedite the removal of the
old Chelsea St. Bridge and construction of the new bridge and fender
system.
Basis and Purpose
Under the Ports and Waterways Safety Act, the Coast Guard has the
authority to establish RNAs in defined water areas that are determined
to have hazardous conditions and in which vessel traffic can be
regulated in the interest of safety. See 33 U.S.C. 1231 and Department
of Homeland Security Delegation No. 0170.1.
The construction of the Chelsea Street Bridge involves large
machinery and construction vessel operations above and in the navigable
waters of the Chelsea River. The ongoing operations are, by their
nature, hazardous and pose risks both to recreational and commercial
traffic as well as the construction crew. In order to mitigate the
inherent risks involved in the construction, it is necessary to control
vessel movement through the area.
The purpose of this rule is to ensure the safety of waterway users,
the public, and construction workers for the duration of the Chelsea
Street Bridge construction from July 8, 2011 through May 31, 2012. The
RNA will also protect vessels desiring to transit the area by ensuring
that vessels are only permitted to transit when it is safe to do so.
Discussion of Rule
This action is intended to prohibit vessel traffic on a portion of
the Chelsea River, when necessary for the safety of navigation, while
construction equipment works in the channel on demolition of the
existing bridge and construction of its replacement. The Coast Guard
may close the area prescribed in this rule to all vessel traffic during
any circumstance, planned or unforeseen, that poses an imminent threat
to waterway users operating in the area. Complete waterway closures
will be made with as much advance notice as possible.
The Coast Guard has discussed this project at length with the
construction
[[Page 42547]]
contractor, J.F. White Contracting Company, to identify if the project
can be completed without channel closures and, if possible, what impact
that would have on the project timeline. Through these discussions, it
became clear that while the majority of construction activities during
the span of this project would not require waterway closures, there are
certain tasks that can only be completed in the channel and will
require closing the waterway. J.F. White issued a letter on April 5,
2011 detailing the required channel work phases that will need waterway
closures.
There are currently two planned and ten proposed channel closure
periods which are outlined below:
The first planned closure period will be from September 28-30,
2011, and will coincide with the launching of the new bridge truss.
The second planned closure will be from October 7-9, 2011 and will
coincide with the concrete bridge deck placement.
There will be four proposed closure periods on dates to be
determined between October and December 2011 for the installation of
new bulkheads along both sides of the Chelsea River.
The fifth and sixth proposed closure periods will take place in
January 2012 for the demolition of the fendering system and the
dredging on the Chelsea, MA side of the Chelsea River. These will be
for 15-day periods and will be intermittent closures.
The seventh proposed closure period will take place in February
2012 for the installation of new aids to navigation on the Chelsea, MA
side of the Chelsea River and will be a 7-day period with intermittent
closures.
The eighth and ninth proposed closure periods will take place in
February and March of 2012 for the demolition of the fendering system
and the dredging on the E. Boston, MA side of the Chelsea River. These
will be for 15-day periods and will be intermittent closures.
The tenth proposed closure period will take place in March 2012 for
the installation of new aids to navigation on the E. Boston, MA side of
the Chelsea River and will be a 7-day period with intermittent
closures.
The project is expected to be complete in April 2012 but this rule
will be made effective through the end of May 2012 to account for any
unforeseen construction delays.
On a case-by-case basis, depending on the construction schedule,
J.F. White may request a waterway closure on various dates from July 8,
2011 through May 31, 2012. As discussed below, J.F White will notify
the Coast Guard of planned activities as soon as possible; preferably
four weeks in advance of any event.
The Coast Guard will notify the maritime community of planned
waterway closure dates via Marine Information Broadcasts, Coast Guard
Local Notices to Mariners and Marine Safety Information Bulletins.
Closure periods listed above will be made available to J. F. White
Contracting Company with the understanding that the construction
schedule as well as weather and tide conditions may not allow them to
use all closures. For that reason, J. F. White will notify the Coast
Guard of planned activities as soon as possible and preferably four
weeks in advance. Closure periods similar to those outlined above
should be expected throughout the duration of this rule. Additionally,
during the winter and into the early spring of 2012 there will certain
tasks (i.e. bulkhead and Aids to Navigation installation) that will
require a more than 24-hour closure as well as several 15-day long, 12
hour closures to complete the demolition of fender systems and dredging
operations. Once these closure periods are identified they will be
published with 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. Entry
into this RNA during a closure is prohibited unless authorized by the
Sector Boston Captain of the Port (COTP). In the event of an emergency
all construction equipment shall be removed from the channel to allow
for emergency vessels to pass (i.e., Fire Rescue Boat, Marine Police
Boat, or Environmental Response Boat).
The implementation of this RNA does not negate the fact that the
Inland Rules of the Road as found in 33 CFR part 84 (subchapter E) must
be strictly adhered to. Mariners are strongly urged to monitor VHF
channel 13 when transiting the area and to communicate with fellow
mariners to facilitate movement and/or passing arrangements within the
channel.
Any violation of the RNA described herein is punishable by, among
others, civil and criminal penalties, in rem liability against the
offending vessel, and the initiation of suspension or revocation
proceedings against Coast Guard-issued merchant-mariner credentials.
The Sector Boston Captain of the Port will cause notice of
enforcement, suspension of enforcement, or closure of this RNA 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, Notice of Enforcement published in the
Federal Register, 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.
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 will
not have a significant economic impact on substantial number of small
entities. This rule will affect the following entities some of which
may be small entities: The owners or operators of marinas, charter
fishing vessels and commercial fishing vessels who intend to transit in
those portions of the Chelsea River between July 8, 2011 and May 31,
2012.
This regulation may have some impact on the public, but the
potential impact will be minimized for the following reasons: The area
of the closure is not likely to be transited by pleasure craft and they
will be able to operate on all other portions of the Chelsea River not
covered by the RNA. Additionally, many parties that have the potential
to be affected have been involved in the discussions and have made
plans to work around the closure times. Marine radio broadcasts
informing the public of any closures made by the RNA will be made
before,
[[Page 42548]]
during, and at the conclusion of the RNA closure enforcement periods.
Although the RNA will apply to the entire width of the river, under
and surrounding the Chelsea Street Bridge traffic will be allowed to
pass through the area with the permission of the COTP. Before the
effective period, we will issue maritime advisories widely available to
users of the river.
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 this rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call LT Judson Coleman, Prevention
Department, Sector Long Island Sound, at 203-468-4596.
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
this action is one of a category of actions which 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 establishing of a
regulated navigation area and therefore falls within the categorical
exclusion noted above. An environmental analysis checklist and a
categorical exclusion determination are available in the docket where
indicated under ADDRESSES. Any comments received concerning
environmental impacts will be considered and changes made to the
environmental analysis checklist and categorical exclusion
determination as appropriate.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, 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:
[[Page 42549]]
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 50
U.S.C. 191, 195; 33 CFR 1.05-1, 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.T01-0536 to read as follows:
Sec. 165.T01-0536 Regulated Navigation Area; Chelsea Street Bridge
Construction, Chelsea, MA.
(a) Location. The following area is a regulated navigation area:
All navigable waters of the Chelsea River in Chelsea, MA, from surface
to bottom, within the following points (NAD 83): from 42[deg]23.10' N,
071[deg]01.26' W; thence to 42[deg]23.15' N, 071[deg]01.20' W; thence
to 42[deg]23.10' N, 071[deg]01.17' W; thence to 42[deg]23.07' N,
071[deg]01.24' W; thence back to the first point.
(b) Regulations. (1) The general regulations contained in 33 CFR
165.10, 165.11, and 165.13 apply.
(2) In accordance with the general regulations, entering into,
transiting through, mooring or anchoring within this regulated area is
prohibited unless authorized by the Captain of the Port (COTP) Boston.
(3) All persons and vessels must comply with the Coast Guard
Captain of the Port or the designated on-scene patrol personnel.
(4) Upon being hailed by a U.S. Coast Guard vessel by siren, radio,
flashing light or other means, the operator of the vessel must proceed
as directed.
(5) Vessels may request permission to enter the zone during periods
of enforcement on VHF-16 or via phone at 617-223-5757.
(6) All other relevant regulations, including but not limited to
the Rules of the Road (33 CFR part 84--Subchapter E, Inland
Navigational Rules) remain in effect within the regulated area and
should be strictly followed at all times.
(c) Effective Period. This rule is effective from July 8, 2011 to
11:59 p.m. on May 31, 2012.
(d) Enforcement Period. (1) This regulated navigation area is
enforceable 24 hours a day from July 8, 2011 until May 31, 2012.
(2) Notice of suspension of enforcement. 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.
(3) Notice of waterway closure. In the event of a complete waterway
closure, the COTP will make advance notice of the closure by all means
available to affect the widest public distribution including, but not
limited to, Broadcast Notice to Mariners and Local Notice to Mariners.
Such notification will include the date and time of the closure as well
as the date and time that normal vessel traffic can resume.
(4) Violations of this regulated navigation area may be reported to
the COTP Sector Boston, at 617-223-5757 or on VHF-Channel 16.
Dated: July 7, 2011.
J.B. McPherson,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 2011-18044 Filed 7-18-11; 8:45 am]
BILLING CODE 9110-04-P