[Federal Register Volume 68, Number 123 (Thursday, June 26, 2003)]
[Proposed Rules]
[Pages 37990-37992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15999]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD01-03-026]
RIN 1625-AA09


Drawbridge Operation Regulations; Charles River, Dorchester Bay, 
and Saugus River, MA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the drawbridge operating 
regulations governing the operation of three bridges, the Craigie 
Bridge, mile 1.0, across the Charles River, the William T. Morrisey 
Boulevard Bridge, mile 0.0, across Dorchester Bay, and the General 
Edwards SR1A Bridge, mile 1.7, across the Saugus River, all in 
Massachusetts. This proposed rule would require an eight-hour advance 
notice for openings during the time periods at night when these bridges 
have historically received few requests to open. This action is 
expected to meet the reasonable needs of navigation while relieving the 
bridge owner from the burden of crewing these bridges at periods when 
they seldom open for navigation.

DATES: Comments must reach the Coast Guard on or before August 25, 
2003.

ADDRESSES: You may mail comments to Commander (obr), First Coast Guard 
District Bridge Branch, 408 Atlantic Avenue, Boston, Massachusetts, 
02110, or deliver them to the same address between 7 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: 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 (CGD01-03-
026), 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

    The owner of the bridges, the Metropolitan District Commission 
(MDC), requested a change to the operating regulations for three of 
their bridges, the Craigie Bridge, the William T. Morrisey Boulevard 
Bridge, and the General Edwards SR1A Bridge. The requested change to 
the drawbridge operation regulations would require an eight-hour 
advance notice during various time periods when these bridges have 
historically received few requests to open.
    The Coast Guard reviewed the drawbridge opening logs submitted by 
the bridge owner, and determined that the bridges had few requests to 
open during the time periods the bridge owner has requested the eight-
hour advance notice requirement. This

[[Page 37991]]

proposed change will apply to the following bridges and during the 
following times:

Craigie Bridge

    The MDC Craigie Bridge, mile 1.0, across the Charles River has a 
vertical clearance of 5 feet at mean high water and 15 feet at mean low 
water in the closed position. The existing operating regulations are 
listed at 33 CFR 117.591(e). This proposed rule would allow the bridge 
owner to require an eight-hour advance notice for openings midnight to 
8 a.m., during April, May, October, and November.

William T. Morrisey Boulevard Bridge

    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 in the closed position. The existing 
operating regulations are listed at 33 CFR 117.597. This proposed rule 
would allow the bridge owner to require an eight-hour advance notice 
for bridge openings from midnight to 8 a.m., during April, May, and 
October.

General Edwards SR1A Bridge

    The General Edwards SR1A Bridge, at mile 1.7, across the Saugus 
River has a vertical clearance of 27 feet at mean high water and 36 
feet at mean low water in the closed position. The existing operating 
regulations listed at 33 CFR 117.618(b). This proposed rule would allow 
the bridge owner to require an eight-hour advance notice for bridge 
openings from midnight to 8 a.m., April through November.
    The Coast Guard believes this rule is reasonable because all three 
bridges historically receive very few requests, if any, to open during 
the time periods they will require an eight-hour advance notice for 
bridge openings.

Discussion of Proposal

    This proposed change would amend 33 CFR 117.591, which governs 
operation of the Metropolitan District Commission Craigie Bridge, by 
adding a new paragraph paragraph (e)(3) to require an eight-hour 
advance notice for bridge openings from midnight to 8 a.m., April, May, 
October, and November.
    This proposed change would revise 33 CFR 117.597, which governs the 
operation of the William T. Morrisey Boulevard Bridge, by adding the 
requirement for an eight-hour advance notice from midnight to 8 a.m., 
for April, May, and October.
    This proposed change would also amend 33 CFR 117.618, which governs 
the operation of the General Edwards SR1A Bridge, by revising paragraph 
(b) to add the requirement for an eight-hour advance notice for bridge 
openings midnight to 8 a.m., April through November, and from 4 p.m. to 
8 a.m. from December through March.
    The language in the existing regulation regarding bridge openings 
for public vessels of the United States, state and local vessels used 
for public safety will be removed. That requirement is now listed under 
33 CFR 117.31.

Regulatory Evaluation

    This proposed 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 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 Homeland 
Security.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation, under the regulatory 
policies and procedures of DHS, is unnecessary.
    This conclusion is based on the fact that the bridges normally 
receive few requests to open during the times the advance notice will 
be required.

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 on the fact that the normally receive few 
requests to open during times the advance notice will be required.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this 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 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

    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 proposed 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 a 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 proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under E.O. 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 rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it would not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes,

[[Page 37992]]

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.

Environment

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

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; Department of Homeland Security 
Delegation No. 0170; 33 CFR 1.05-1(g); section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.

    2. Section 117.591 is amended by adding a new paragraph (e)(3) to 
read as follows:


Sec.  117.591  Charles River.

* * * * *
    (e) * * *
    (3) From midnight to 8 a.m., April, May, October, and November, the 
draw shall open on signal after at least an eight-hour advance notice 
is given.
* * * * *
    3. Section 117.597 is revised to read as follows:


Sec.  117.597  Dorchester Bay.

    The draw of the William T. Morrisey Boulevard Bridge, mile 0.0, at 
Boston, shall operate as follows:
    (a) From 7:30 a.m. to 9 a.m. and 4:30 p.m. to 6 p.m., Monday 
through Friday, except holidays, the draw need not open for the passage 
of vessel traffic.
    (b) The draw shall open on signal from April 16 through May 31, 
from 8 a.m. through midnight, except as provided in paragraph (a) of 
this section. From midnight through 8 a.m. at least an eight-hour 
advance notice is required for bridge openings.
    (c) The draw shall open on signal at all times from June 1 through 
September 30, except as provided in paragraph (a) of this section.
    (d) The draw shall open on signal from October 1 through October 
14, 8 a.m. through midnight, except as provided in paragraph (a) of 
this section. From midnight through 8 a.m. at least an eight-hour 
advance notice is required for bridge openings.
    (e) The draw shall open on signal from October 15 through April 15, 
after at least a 24 hours notice is given, except as provided in 
paragraph (a) of this section.
    4. Section 117.618 is amended by revising paragraph (b) to read as 
follows:


Sec.  117.618  Saugus River.

* * * * *
    (b) The draw of the General Edwards SR1A Bridge, mile 1.7, between 
Revere and Lynn, shall open on signal; except that, from April 1 
through November 30, from midnight through 8 a.m. at least an eight-
hour advance notice is required for bridge openings, and at all times 
from December 1 through March 31, at least an eight-hour advance notice 
is required for bridge openings.
* * * * *

    Dated: June 13, 2003.
John L. Grenier,
Captain, Coast Guard, Acting Commander, First Coast Guard District.
[FR Doc. 03-15999 Filed 6-25-03; 8:45 am]
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