
[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.

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SUMMARY: The Coast Guard is establishing a temporary safety zone within 
the Sector Boston Captain of the Port (COTP) Zone for the demolition of 
the Chelsea St. Bridge. This safety zone is necessary to provide for 
the safety of life on navigable waters during the demolition 
operations. Entering into, transiting through, mooring or anchoring 
within this zone is prohibited unless authorized by the COTP or the 
designated on-scene representative.

DATES: This rule is effective and will be enforced from 7 a.m. on June 
6, 2011 to 7 a.m. on June 9, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0420 are available online by 
going to http://www.regulations.gov, inserting USCG-2011-0420 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail MST1 David Labadie of the Waterways 
Management Division, U.S. Coast Guard Sector Boston; telephone 617-223-
3010, e-mail 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


