[Federal Register Volume 67, Number 128 (Wednesday, July 3, 2002)]
[Proposed Rules]
[Pages 44582-44583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16750]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-02-020]
RIN 2115-AE47


Drawbridge Operation Regulations; Mystic River, MA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the drawbridge operation 
regulations for the S99 Alford Street Bridge, mile 1.4, across the 
Mystic River at Boston, Massachusetts. This proposed rule would start 
the advance notice for openings period at 3 p.m instead of 11 p.m., 
November through March, when there have been few requests to open the 
bridge. This action is expected to relieve the bridge owner from the 
burden of crewing the bridge during the winter months at night when 
there have been few requests to open the bridge.

DATES: Comments must reach the Coast Guard on or before September 3, 
2002.

ADDRESSES: You may mail comments to Commander (obr), First Coast Guard 
District, Bridge Branch, at 408 Atlantic Avenue, Boston, MA. 02110-
3350, or deliver them to the same address between 6:30 a.m. and 3 p.m., 
Monday through Friday, except Federal holidays. The telephone number is 
(617) 223-8364. The First Coast Guard District, Bridge Branch, 
maintains the public docket for this rulemaking. Comments and material 
received from the public, as well as documents indicated in this 
preamble as being available in the docket, will become part of this 
docket and will be available for inspection or copying at the First 
Coast Guard District, Bridge Branch, 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:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments or related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD01-02-
020), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know if 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the First Coast Guard District, 
Bridge Branch, at the address under ADDRESSES explaining why one 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.

Background and Purpose

    The S99 Alford Street Bridge has a vertical clearance of 7 feet at 
mean high water and 16 feet at mean low water.
    The existing regulations for the bridge at 33 CFR 117.609, require 
the bridge to open on signal from 7 a.m. to 11 p.m.; except that, 
Monday through Saturday, excluding holidays, the draw need not open for 
the passage of vessel traffic 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. From 11 p.m. to 7 a.m., at least an eight-
hour advance notice is required for bridge openings.
    The bridge owner, the City of Boston, asked the Coast Guard to 
change the drawbridge operation regulations to require the bridge to 
open on signal, from November 1 through March 31, only between 7 a.m. 
and 3 p.m. All opening requests between 3 p.m. and 7 a.m. would require 
an eight-hour advance notice.
    The number of bridge openings November through March, from 3 p.m. 
to 7 a.m., for the last two years were 11 requests in 2000, and 5 
requests in 2001.
    The Coast Guard believes it is reasonable to allow the bridge owner 
to not be required to crew this bridge during the 3 p.m. to 7 a.m. 
shift in the winter months as a result of the low number of requests to 
open the bridge during that time period. We also believe the eight-hour 
advance notice is appropriate and will meet the reasonable needs of 
navigation. It will allow any vessel the opportunity to transit the 
bridge provided they give the required advance notice.

Discussion of Proposal

    This proposed rule would revise the drawbridge operation 
regulations for the S99 Alford Street Bridge, mile 1.4, across the 
Mystic River at Boston, Massachusetts. This proposed rule would allow 
the bridge owner to not be required to crew the bridge from November 1 
through March 31, from 3 p.m. to 7 a.m., daily. The eight-hour advance 
notice requirement from 3 p.m. to 7 a.m. should assist the bridge owner 
in cost savings while still meeting the reasonable needs of navigation.
    The Coast Guard believes this proposed rule is reasonable and will 
meet the present needs of navigation.

Regulatory Evaluation

    This proposed 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 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, Feb. 
26, 1979).
    We expect the economic impact of this proposed 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 will open at all times 
for the passage of vessel traffic provided the eight-hour notice is 
given.

[[Page 44583]]

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed 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 section 5 U.S.C. 605(b), that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities. This conclusion is based upon the 
fact that the bridge will open at all times for the passage of vessel 
traffic provided the eight-hour notice is given.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES) explaining why you think it qualifies and how and to 
what degree this proposed rule would economically affect it.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    We have analyzed this proposed rule under Executive Order 13132 and 
have determined that this proposed 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 costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed 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

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

Indian Tribal Governments

    This proposed 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 proposed 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 proposes 
to amend 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. 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, shall open 
on signal; except that, Monday through Saturday, excluding holidays, 
the draw need not open for the passage of vessel traffic 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., daily. From 
November 1 through March 31, between 3 p.m. and 7 a.m., at least an 
eight-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 open for 
the passage of vessel traffic.

    Dated: June 11, 2002.
V.S. Crea,
Rear Admiral, Coast Guard, Commander, First Coast Guard District.
[FR Doc. 02-16750 Filed 7-2-02; 8:45 am]
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