[Federal Register Volume 66, Number 208 (Friday, October 26, 2001)]
[Rules and Regulations]
[Pages 54140-54141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-01-142]
RIN 2115-AE47


Drawbridge Operation Regulations:Dorchester Bay, MA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the drawbridge 
operation regulations that govern the William T. Morrisey Boulevard 
Bridge, at mile 0.0, across Dorchester Bay at Boston, Massachusetts. 
This temporary change to the drawbridge operation regulations will 
allow the bridge to remain in the closed position from November 1, 2001 
through May 10, 2002. This action is necessary to facilitate necessary 
maintenance at the bridge.

DATES: This rule is effective from November 1, 2001 through May 10, 
2002.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket (CGD01-01-142) and are available for inspection or 
copying at the First Coast Guard District, Bridge Branch Office, 408 
Atlantic Avenue, Boston, Massachusetts, 02110, 7 a.m. to 3 p.m., Monday 
through Friday, except Federal holidays.

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

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On September 11, 2001, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations; Dorchester Bay, 
Massachusetts, in the Federal Register (66 FR 47123). We received no 
comments in response to the notice of proposed rulemaking. No public 
hearing was requested and none was held. Pursuant to 5 U.S.C. 553, good 
cause exists for making this regulation effective in less than 30 days 
after publication in the Federal Register. The Coast Guard discussed 
the bridge closure with the members of the only marine facility, the 
Dorchester Yacht Club, effected by this change in operating regulations 
prior to publication of the notice of proposed rulemaking and no 
objections were received.
    The NPRM specified that we anticipated that the final rule would 
become effective less than 30 days following publication. Any delay 
encountered in this regulation's effective date would be unnecessary 
and contrary to the public interest since immediate action is needed to 
perform this project during the winter months when there have been few 
requests to open the bridge.

Background and Purpose

    The William T. Morrisey Boulevard Bridge, at mile 0.0, across 
Dorchester Bay has a vertical clearance of 12 feet at mean high water 
and 22 feet at mean low water. The existing regulations at 33 CFR 
117.597 require the draw to open on signal from April 16 through 
October 14; except that, the draw need not open for vessel traffic from 
7:30 a.m. to 9 a.m. and from 4:30 p.m. to 6 p.m. except on Saturdays, 
Sundays, or holidays observed in the locality. From October 15 through 
April 15, the draw shall open on signal if at least twenty-four hours 
notice is given.
    The bridge owner, the Metropolitan District Commission (MDC), asked 
the Coast Guard to temporarily change the drawbridge operation 
regulations to allow the bridge to remain in the closed position from 
November 1, 2001 through May 10, 2002, to facilitate rehabilitation 
construction at the bridge. The bridge owner and the Coast Guard 
contacted all known waterway users to advise them of the proposed 
closure. No objections or negative comments were received in response 
to this proposal.

Discussion of Comments and Changes

    The Coast Guard received no comments in response to the notice of 
proposed rulemaking and as a result, no changes have been made to this 
final rule.

Regulatory Evaluation

    This 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. The 
Office of Management and Budget has not reviewed it under that Order. 
It is not ``significant'' under the regulatory policies and procedures 
of the Department of Transportation (DOT) (44 FR 11040; February 26, 
1979). This conclusion is based on the fact that the only marine 
facility affected by this rule has agreed to the closure period for the 
bridge.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612) we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. ``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 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 a substantial number of small 
entities. This conclusion is based on the fact that the only marine 
facility affected by this rule has agreed to the closure period for the 
bridge.

[[Page 54141]]

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

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

    This rule will not effect 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 concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under figure 2-1, paragraph (32)(e) of Commandant 
Instruction M16475.1C, this rule is categorically excluded from further 
environmental documentation because promulgation of changes to 
drawbridge regulations have been found to not have a significant effect 
on the environment. A written ``Categorical Exclusion Determination'' 
is not required for this final rule.

Indian Tribal Governments

    This final rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have 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. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

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:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    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.


Sec. 117.597  [Suspended]

    2. From November 1, 2001 through May 10, 2002, Sec. 117.597 is 
suspended.

    3. From November 1, 2001 through May 10, 2002, Sec. 117.T602 is 
temporarily added to read as follows:


Sec. 117.T602  Dorchester Bay.

    The draw of the William T. Morrisey Boulevard Bridge, mile 0.0, at 
Boston, need not open for the passage of vessel traffic.

    Dated: October 12, 2001.
G.N. Naccara,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 01-26994 Filed 10-25-01; 8:45 am]
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