[Federal Register Volume 69, Number 141 (Friday, July 23, 2004)]
[Rules and Regulations]
[Pages 43901-43903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16839]


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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: Temporary final rule.

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SUMMARY: The Coast Guard has temporarily changed the drawbridge 
operation regulations that govern the operation of the S99 (Alford 
Street) Bridge, at mile 1.4, across the Mystic River, Massachusetts. 
Under this temporary final rule, effective from 7 a.m. on July 26, 2004 
through 7 a.m. on July 30, 2004, the S99 (Alford Street) Bridge shall 
open on signal only between 4 a.m. and 5 a.m., daily. 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: This rule is effective from July 26, 2004 through July 30, 2004.

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 (CGD01-04-030) and are 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. Gary Kassof, Bridge Administrator, 
First Coast Guard District, (212) 668-7165.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On June 18, 2004, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations, Mystic River, 
Massachusetts, in the Federal Register (69 FR 34099). The Coast Guard 
provided a 20-day comment period to the public to comment on the 
proposed rule. We received one comment letter in response to the notice 
of proposed rulemaking. No public hearing was requested and none was 
held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds good cause exists 
for making this rule effective less than 30 days after publication in 
the Federal Register because this final rule needs to be in effect on 
July 26, 2004, in order to provide the necessary safeguards in the 
interest of national security and public safety during the week the 
Democratic National Convention (DNC) will be convened in Boston, 
Massachusetts.

Background and Purpose

    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 117.609.

[[Page 43902]]

    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, and the North Station commuter rail station will be closed for 
security purposes.
    Route 99 has been designated as the alternate detour route to 
accommodate much of the detoured vehicular traffic and buses 
transporting commuter rail passengers 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.
    The bridge owner requested that the S99 (Alford Street) Bridge 
remain closed to help facilitate the expected heavy vehicular traffic 
in the interest of public safety.

Discussion of Proposal

    This proposed change temporarily amends 33 CFR 117.609 by 
suspending paragraph (a) and adding a new temporary paragraph (c) 
effective from July 26, 2004 through July 30, 2004.
    Under this temporary final rule, effective from 7 a.m. on July 26, 
2004 through 7 a.m. on July 30, 2004, the S99 (Alford Street) Bridge 
shall open on signal only between 4 a.m. and 5 a.m., daily.

Discussion of Comments and Changes

    The Coast Guard received one comment letter in response to the 
notice of proposed rulemaking.
    The comment letter was from the Mystic Wellington Yacht Club, which 
is located upstream from the S99 (Alford Street) Bridge. The yacht 
club's letter stated that the members of the yacht club did not pose a 
threat to the public and that it would impose a hardship because 
members would not be able to pass through the bridge.
    The bridge is not being closed due to waterborne threats. The 
bridge is being closed to facilitate the anticipated heavy vehicular 
traffic during the week of the DNC. Route 99 has been designated as a 
detour route for the displaced vehicular traffic and buses ferrying 
commuter rail passengers to Boston. The closure of the S99 (Alford 
Street) Bridge will help facilitate the movement of detoured vehicular 
traffic traveling Route 99 as a result of the closure of the Amtrak 
commuter rail station in Boston and the closure of the I-93 highway 
during the week the DNC will hold it's convention.
    The Coast Guard determined, as a result of the comment received, to 
allow the S99 (Alford Street) Bridge to open on signal each day between 
4 a.m. and 5 a.m. to facilitate marine traffic that can't pass under 
the draw in the closed position.

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 Homeland 
Security (DHS).
    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 the bridge shall open on signal between 4 
a.m. and 5 a.m., daily during the effective period, for vessels that 
cannot transit underneath.

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 most vessel traffic on 
the Mystic River can pass under the bridge without a bridge opening at 
various stages of the tide the bridge shall open on signal between 4 
a.m. and 5 a.m., daily during the effective period, for vessels that 
cannot transit underneath.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 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.
    No small entities requested Coast Guard assistance and none was 
given.
    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

[[Page 43903]]

does not concern 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 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated 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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this 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 
environmental documentation. It has been determined that this final 
rule does not significantly impact the environment.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

0
For the reasons set out in the preamble, the Coast Guard amends 33 CFR 
part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
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.

0
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 (Alford Street) Bridge shall open on signal 
only between 4 a.m. and 5 a.m. each day from 7 a.m. on July 26, 2004 
through 7 a.m. on July 30, 2004.

    Dated: July 14, 2004.
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 04-16839 Filed 7-22-04; 8:45 am]
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