[Federal Register Volume 63, Number 12 (Tuesday, January 20, 1998)]
[Rules and Regulations]
[Pages 2894-2896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1274]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-96-002]
RIN 2115-AE47


Drawbridge Operation Regulations: Mystic River, MA

AGENCY: Coast Guard, DOT.


[[Page 2895]]


ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the operating rules for the S99, 
Alford Street Bridge, mile 1.4, over the Mystic River in Boston, 
Massachusetts by requiring an eight hour advance notice for openings be 
provided during the evenings in the winter months.
    The Coast Guard has also removed the regulations governing the 
draws of the Boston and Maine Railroad Bridge, mile 1.8, and the 
General Lawrence Bridge, mile 3.6, since both bridges have been 
replaced with fixed bridges. Additionally, the requirement to pass 
public vessels as soon as possible has been removed because it is not 
listed under the general requirements for the operation of bridges.
    These changes are expected to provide for the reasonable needs of 
navigation and relieve the bridge owner of the burden of unnecessarily 
crewing the bridge at night during the winter months as well as 
removing obsolete regulatory language from the regulation.

DATES: This final rule is effective February 19, 1998.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at the First Coast Guard District Office, 408 
Atlantic Avenue, Boston, Massachusetts, 02116, 7 a.m. to 3 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:
John McDonald, Project Officer, First Coast Guard District, (617) 223-
8364.

SUPPLEMENTARY INFORMATION:

Regulatory History

    The Coast Guard published a notice of proposed rulemaking entitled 
Drawbridge Operation Regulations: Mystic River, MA. in the Federal 
Register (62 FR 3636; Jan. 24, 1997) to evaluate changes to the 
operating rules. The Coast Guard received no comments in response to 
the notice of proposed rulemaking. No public hearing was requested and 
none was held.

Background and Purpose

    The S99 Alford Street Bridge owned by the City of Boston, has a 
vertical clearance of 16 feet at mean low water and 7 feet at mean high 
water. The operating regulations listed under Sec. 117.609(a) require 
that the S99 Alford Street Bridge and the Boston and Maine Railroad 
Bridge shall open on signal; except that, from 7:45 a.m. to 9 a.m., 
9:10 a.m. to 10 a.m., and 5 p.m. to 6 p.m. except Sundays and holidays, 
the draw need not be opened for the passage of vessels with a draft of 
less than 18 feet. Additionally, Sec. 117.609(b) states that the 
Wellington and General Lawrence Bridges need not be opened for the 
passage of vessels.
    The Coast Guard received a request from the City of Boston, in 
November 1995, to change the operating rules for the S99 Alford Street 
Bridge by amending Sec. 117.609(a) to require an eight hour advance 
notice to the bridge owner for bridge openings between 11 p.m. and 7 
a.m. November 1 to March 31, yearly. The Coast Guard believes that the 
operating hours for the S99 Alford Street Bridge should be changed 
based upon the fact that the Mystic River users that transit through 
the bridge are recreational users and seldom use the waterway during 
the winter months at the time period requested.
    The exemption in the existing rules for vessels with a draft of 
eighteen feet is removed as part of this final rule because the 
commercial vessels to which this provision once applied no longer 
transit through the S99 Alford Street Bridge.
    The requirement that public vessels be passed as soon as possible 
is removed from Sec. 117.609(a) since it is now listed as a requirement 
under Sec. 117.31 of the general operating regulations for bridges.
    This final rule also eliminates references to the Boston and Maine 
Bridge and the General Lawrence Bridge which have been replaced by 
fixed bridges.

Discussion of Comments and Changes

    No comments were received in response to the notice of proposed 
rulemaking; therefore, no changes to the final rule have been made.

Regulatory Evaluation

    This final rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that order. This regulation has not been reviewed by the Office of 
Management and Budget under that order. This regulation is not 
significant under the regulatory policies and procedures of the 
Department of Transportation (DOT) (44 FR 11040; Feb. 26, 1979). The 
Coast Guard expects the economic impact of this final rule to be so 
minimal that a full Regulatory Evaluation, under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary. This 
conclusion is based on the fact that bridges must operate in accordance 
with the reasonable needs of navigation while providing for the 
reasonable needs of land transportation. This final rule adopts the 
operating hours which the Coast Guard believes to be appropriate since 
the recreational boaters that use this waterway seldom transit during 
night time in winter and, thus, a requirement for the bridge operator 
to be present during that time period is unwarranted. The Coast Guard 
believes this final rule achieves the requirement of balancing the 
navigational rights of recreational boaters and the needs of land based 
transportation.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this final rule will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include small businesses, not-for-profit organizations that 
are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations less than 
50,000. Therefore, for the reasons discussed in the Regulatory 
Evaluation section above, the Coast Guard certifies under section 
605(b) of the Regulatory Flexibility Act that this final rule will not 
have a significant economic impact on a substantial number of small 
entities.

Collection of Information

    This final rule does not provide for a collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this final rule in accordance with the 
principles and criteria contained in Executive Order 12612 and has 
determined that this final rule does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this final 
rule and concluded that, under section 2.B.2.e.(34) of Commandant 
Instruction M16475.1B, this final rule is categorically excluded from 
further environmental documentation. A ``Categorical Exclusion 
Determination'' is available in the docket for inspection or copying 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR part 117 as follows:

[[Page 2896]]

PART 117--[AMENDED]

    1. The authority citation for part 117 continues to read as 
follows:

    Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g); section 
117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.

    2. Section 117.609 is revised to read as follows:


Sec. 117.609  Mystic River.

    (a) The draw of the S99 Alford Street Bridge, mile 1.4, small open 
on signal; except that Monday through Saturday (excluding holidays) 
from 7:45 a.m. to 9 a.m., 9:10 a.m. to 10 a.m. and 5 p.m. to 6 p.m., 
the draw need not open for the passage of vessels. From November 1 
through March 31, between 11 p.m. and 7 a.m., at least an 8 hour 
advance notice is required for bridge openings by calling the number 
posted at the bridge.
    (b) The draw of the Wellington Bridge, mile 2.5, need not be opened 
for vessels.

    Dated: January 5, 1998.
R. M. Larrbee,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 98-1274 Filed 1-16-98; 8:45 am]
BILLING CODE 4910-14-M