[Federal Register Volume 69, Number 117 (Friday, June 18, 2004)]
[Proposed Rules]
[Pages 34099-34100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13819]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD01-04-030]
RIN 1625-AA09


Drawbridge Operation Regulations; Mystic River, MA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to temporarily change the drawbridge 
operating regulations governing the operation of the S99 (Alford 
Street) Bridge, at mile 1.4, across the Mystic River, Massachusetts. 
Under this proposed rule the bridge may remain closed to vessel traffic 
from 7 a.m. on July 26, 2004 through 7 a.m. on July 30, 2004. Vessels 
that can pass under the draw without a bridge opening may do so at all 
times. This action is necessary in the interest of public safety to 
facilitate vehicular traffic during the Democratic National Convention.

DATES: Comments and related material must reach the Coast Guard on or 
before July 8, 2004.

ADDRESSES: You may mail comments and related material 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 (CGD01-04-
030), 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 S99 (Alford Street) Bridge, mile 1.4, across the Mystic River 
has a vertical clearance in the closed position of 7 feet at mean high 
water and 16 feet at mean low water. The existing drawbridge operation 
regulations are listed at 33 CFR Sec.  117.609.
    The bridge owner, the City of Boston, requested that the S99 
(Alford Street) Bridge remain closed to vessel traffic during the 
Democratic National Convention (DNC) from 7 a.m. on July 26, 2004 
through 7 a.m. on July 30, 2004. Vessels that can pass under the draw 
without a bridge opening may do so at all times.
    During the DNC several primary vehicular traffic routes, including 
I-93 to Boston, and the North Station commuter rail station will be 
closed.
    It is anticipated that much of the detoured vehicular traffic will 
be using Route 99 to drive into and through Boston during the week the 
DNC is underway. Rail commuters that normally transit to North Station 
will be bussed into Boston utilizing Route 99 as a detour route as a 
result of the North Station commuter rail station closure.
    The bridge owner; therefore, has requested that the S99 (Alford 
Street) Bridge remain closed to facilitate the expected heavy vehicular 
traffic in the interest of public safety.
    A shortened comment period of 20 days is necessary to allow this 
rule to become effective in time for the start of the DNC on July 26, 
2004.

Discussion of Proposal

    This proposed change would amend 33 CFR Sec.  117.609 by suspending 
paragraph (a) and adding a new temporary paragraph (c) from July 26, 
2004 through July 30, 2004.
    Under this proposed rule the S99 (Alford Street) Bridge may remain 
closed to vessel traffic from 7 a.m. on July 26, 2004 through 7 a.m. on 
July 30, 2004.
    This action is necessary to facilitate anticipated heavy vehicular 
traffic during the Democratic National Convention in the interest of 
public safety.

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 most vessel traffic on 
the Mystic River can pass under the bridge without a bridge opening at 
various stages of the tide.

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.

[[Page 34100]]

    This conclusion is based on the fact that most vessel traffic on 
the Mystic River can pass under the bridge without a bridge opening at 
various stages of the tide.
    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, 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. The Administrator of the Office of Information and 
Regulatory Affairs has not declared it as a significant energy action. 
Therefore, it does not require a Statement of Energy Effects under 
Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.1D, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (32)(e), of the Instruction, from further 
environment documentation because it has been determined that the 
promulgation of operating regulations or procedures for drawbridges are 
categorically excluded.

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. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.

    2. In Sec.  117.609, from July 26, 2004 through July 30, 2004, 
paragraph (a) is temporarily suspended and a new temporary paragraph 
(c) is added to read as follows:


Sec.  117.609  Mystic River.

* * * * *
    (c) The draw of the S99 Bridge need not open for the passage of 
vessel traffic from 7 a.m. on July 26, 2004 through 7 a.m. on July 30, 
2004.

    Dated: June 3, 2004.
Vivien S. Crea,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 04-13819 Filed 6-17-04; 8:45 am]
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