[Federal Register Volume 66, Number 224 (Tuesday, November 20, 2001)]
[Rules and Regulations]
[Pages 58062-58064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28966]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-01-203]
RIN 2115-AE47


Drawbridge Operation Regulations: Neponset River, MA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary final rule 
governing the operation of the Granite Avenue Bridge, mile 2.5, across 
the Neponset River between Boston and Milton, Massachusetts. This 
temporary rule will allow the bridge to remain in the closed position 
from November 19, 2001 through February 22, 2002. This

[[Page 58063]]

temporary rule is necessary to facilitate necessary structural repairs 
at the bridge.

DATES: This temporary rule is effective from November 19, 2001 through 
February 22, 2002.

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, 02110, 7 a.m. to 3 p.m., Monday 
through Friday, except Federal holidays. The telephone number is (617) 
223-8364.

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

SUPPLEMENTARY INFORMATION:

Regulatory History

    Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM) 
was not published for this regulation. Good cause exists for not 
publishing a NPRM and for making this regulation effective in less than 
30 days after publication in the Federal Register.
    This closure is not expected to have any impact on navigation 
because there have been no requests to open this bridge during the 
effective date of this closure for the past five years. Vessel traffic 
that uses this bridge is comprised of recreational vessels that are 
normally in storage during the winter months. Accordingly, an NPRM was 
considered unnecessary and any delay in the rule's effective date is 
considered contrary to the public interest because this work is 
necessary maintenance that must be performed without undue delay to 
assure safe, reliable operation of the bridge.

Background and Purpose

    The Granite Avenue Bridge has a vertical clearance in the closed 
position of 6 feet at mean high water and 16 feet at mean low water. 
The existing drawbridge operating regulations listed at 33 CFR 117.611 
require the bridge to open on signal, from May 1 through October 31, 6 
a.m. to 12 midnight. At all other times the bridge shall open on signal 
if at least a one-hour notice is given.
    The bridge owner, Massachusetts Highway Department, requested a 
temporary rule change to facilitate structural maintenance and 
replacement of the bridge roadway deck at the bridge.
    This temporary rule will allow the bridge to remain in the closed 
position from November 19, 2001 through February 22, 2002. The Coast 
Guard believes this rulemaking is reasonable because navigation should 
not be impacted since there have been no requests to open the Granite 
Avenue Bridge November through February during the past five years.

Regulatory Evaluation

    This temporary 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. It has not been reviewed by the Office of Management and 
Budget under that Order. It 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 temporary 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 the bridge has not received any requests to open during the 
requested closure period for the past five years.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612) we 
considered whether this temporary final 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 bridge has not 
received any requests to open during the requested closure period for 
the past five years.

Collection of Information

    This temporary 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 temporary final rule in 
accordance with the principles and criteria contained in Executive 
Order 12612 and has determined that this temporary 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 
temporary final rule and concluded that, under Section 2.B.2., Figure 
2-1, paragraph (32)(e), of Commandant Instruction M16475.1C, this 
temporary final rule is categorically excluded from further 
environmental documentation because promulgation of changes to 
drawbridge regulations have been found not to have a significant effect 
on the environment. A written ``Categorical Exclusion Determination'' 
is not required for this temporary 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.


    2. From November 19, 2001 through February 22, 2002, in 
Sec. 117.611, paragraph (a) is temporarily suspended and a new 
paragraph (c) is added to read as follows:


Sec. 117.611  Neponset River.

* * * * *

[[Page 58064]]

    (c) The Granite Avenue Bridge need not open for the passage of 
vessel traffic.

    Dated: November 8, 2001.
G.N. Naccara,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 01-28966 Filed 11-19-01; 8:45 am]
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