[Federal Register Volume 67, Number 198 (Friday, October 11, 2002)]
[Rules and Regulations]
[Pages 63259-63261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26007]


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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: Final rule.

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SUMMARY: The Coast Guard has changed the drawbridge operation 
regulations that govern the S99 Alford Street Bridge, mile 1.4, across 
the Mystic River at Boston, Massachusetts. This final rule will allow 
the bridge to open on an advance notice from 3 p.m. to 7 a.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: This rule is effective November 12, 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 (CGD01-02-020) and are

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available for inspection or copying at the First Coast Guard District, 
Bridge Branch Office, 408 Atlantic Avenue, Boston, Massachusetts, 
02110, between 7 a.m. and 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 July 3, 2002, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations; Mystic River, 
Massachusetts, in the Federal Register (67 FR 44582). We 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 has a vertical clearance of 7 feet at 
mean high water and 16 feet at mean low water.
    The existing regulations for the bridge listed at Sec.  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 allow the bridge to open 
on signal, from November 1 through March 31, between 7 a.m. and 3 p.m. 
In addition, all opening requests between 3 p.m. and 7 a.m. shall 
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 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, Regulatory Planning and Review, 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 bridge will open at 
all times for the passage of vessel traffic provided the eight hour 
notice is given.

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. 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 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 will open at 
all times for the passage of vessel traffic provided the eight hour 
notice is given.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process.
    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).

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 State, local, or tribal government, in the 
aggregate, or by the private sector of $100,000,000 or more in any one 
year. Though this rule will not result in such an expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

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.

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

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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.

Environment

    We have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraph (32)(e), of Commandant 
Instruction M16475.1D, 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 ``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:

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: October 3, 2002.
J.L. Grenier,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 02-26007 Filed 10-10-02; 8:45 am]
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