[Federal Register Volume 71, Number 148 (Wednesday, August 2, 2006)]
[Rules and Regulations]
[Pages 43653-43655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12401]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD01-06-100]
RIN 1625-AA09


Drawbridge Operation Regulations; Charles River, Boston, MA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the drawbridge 
operation regulations that govern the Department of Conservation and 
Recreation (DCR), Craigie Bridge, formerly, the Metropolitan District 
Commission, Craigie Bridge, across the Charles River, mile 1.0, at 
Boston, Massachusetts. This temporary rule in effect from July 24, 2006 
through September 30, 2006, requires the Craigie Bridge to open on 
signal on the half-hour only between 12 p.m. and 8 p.m. on Saturday and 
Sunday and it also extends the rush hour closed periods normally in 
effect Monday through Friday, by one-hour. This temporary final rule is 
necessary to enhance public safety by alleviating vehicular traffic 
delays caused by the Central Artery Connecter tunnel closure.

DATES: This rule is effective from July 24, 2006 through September 30, 
2006.

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 (CGD01-06-100) 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. John McDonald, Project Officer, 
First Coast Guard District, (617) 223-8364.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. The closure of a major 
downtown Boston roadway, the Central Artery Connector, due to a 
structural failure, has resulted in land traffic being detoured over 
many local roadways resulting in significant vehicular traffic delays 
and traffic gridlock.
    The resulting traffic congestion has created a public safety issue. 
Emergency land traffic, including ambulances, fire fighting equipment, 
and police vehicles, may be unable to safely, and in a timely manner, 
travel throughout the downtown Boston area.
    Reducing the times at which the bridge is required to open on 
weekends and extending the commuter rush hour closures by one hour is 
expected to help alleviate the traffic delays and reduce gridlock in 
the vicinity of the bridge and downtown Boston.
    Under 5 U.S.C. 553(d)(3), the Coast Guard also finds good cause 
exists for making this rule effective less than 30 days after 
publication in the  Federal Register for the reasons outlined above.

Background and Purpose

    The Department of Conservation and Recreation, Craigie Bridge, 
formerly the Metropolitan District Commission, Craigie Bridge, has a 
vertical clearance in the closed position of 12 feet at normal pool 
elevation.
    The existing drawbridge operation regulations listed at 33 CFR 
Sec.  117.591(e), require the bridge to open on signal; except that, 
from 6:15 a.m. to

[[Page 43654]]

9:10 a.m., and 3:15 p.m. to 6:30 p.m., Monday through Friday, except 
holidays, the draw need not open for the passage of vessels. The bridge 
shall open as soon as possible for public vessels of the United States, 
state or local vessels used for public safety, and vessels in distress.
    Pursuant to 33 CFR 117.37, the bridge owner, the Department of 
Conservation and Recreation, and the Massachusetts State Police, 
requested a temporary change to the drawbridge operation regulations 
for the Craigie Bridge, in the interest of public safety. The closure 
of a major downtown roadway, the Central Artery Connecter, due to a 
structural failure, has resulted in vehicular traffic being re-routed 
over local roads resulting in significant traffic delays and gridlock 
in downtown Boston on weekdays during the commuter rush hours, 6 a.m. 
to 10 a.m. and 3 p.m. to 7 p.m., and on weekends after 12 p.m. 
Emergency vehicles and equipment could be delayed in responding to 
emergency situations in a safe and timely manner as a result of these 
traffic delays.
    The Charles River is predominantly a recreational waterway. The 
Craigie Bridge normally opens between 25 and 30 times on Saturday and 
Sunday between 8 a.m. and 8 p.m. during the boating season. Reducing 
the number of bridge openings after 12 p.m. on weekends and extending 
the commuter rush hour closure periods by one hour on weekdays when 
vehicular traffic is increased should help alleviate the traffic delays 
and enhance public safety.
    As a result of the above information, the Coast Guard is 
temporarily changing the drawbridge operation regulations that govern 
the operation of the Craigie Bridge.
    Under this temporary final rule, the Department of Recreation and 
Conservation Craigie Bridge across the Charles River, mile 1.0, at 
Boston, shall open on signal; except that, on Saturday and Sunday, from 
12 p.m. to 8 p.m., the draw shall open on signal, on the half-hour 
only, except for the passage of emergency vessels.
    The morning and afternoon commuter rush hour bridge closure periods 
Monday through Friday will be extended. As a result, the bridge may 
remain closed from 6 a.m. to 10 a.m. and from 3 p.m. to 7 p.m., except 
for the passage of emergency vessels.

Discussion of Rule

    The Coast Guard is temporarily changing the drawbridge operation 
regulations for the Department of Conservation and Recreation Craigie 
Bridge across the charles River, mile 1.0, at Boston, to operate as 
follows: the draw shall open on signal; except that, between 12 p.m. 
and 8 p.m. on Saturday and Sunday the draw shall open on signal, on the 
half-hour only, and from 6 a.m. to 10 a.m. and 3 p.m. to 7 p.m., Monday 
through Friday the draw need not open for the passage of vessel 
traffic, except as stated in paragraph (a)(1) of this section.
    The Coast Guard believes that this temporary change will help 
reduce the vehicular traffic delays while continuing to meet the 
reasonable needs of navigation.

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.
    This conclusion is based on the fact that the bridge will continue 
to open for vessel traffic. The temporary limitation of the bridge 
opening only on the half-hour between 12 p.m. and 8 p.m. on Saturday 
and Sunday and the one-hour extension of the commuter rush hour 
closures Monday through Friday is necessary for public safety and 
should be sufficient for the present needs of navigation.

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 rule will affect the following entities, some of which may be 
small entities: The Charles River is navigated predominantly by 
recreational vessels. We believe that the recreational vessels have the 
schedule flexibility to plan their bridge transits in accordance with 
the temporary bridge opening schedule and that they will not be 
adversely affected since the bridge will continue to open for all 
vessel traffic. The temporary limitation of the bridge opening only on 
the half-hour between 12 p.m. and 8 p.m. on Saturday and Sunday and the 
extension of the weekday commuter rush hour closures is necessary for 
public safety, and should be sufficient for the present needs of 
navigation.

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.
    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 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 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 affect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and

[[Page 43655]]

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 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 
and Department of Homeland Security Management Directive 5100.1, which 
guide 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. Paragraph (32)(e) is applied to this rule because it 
relates to the promulgation of operating regulations or procedures for 
drawbridges. Under figure 2-1, paragraph (32)(e), of the instruction, 
an ``Environmental Analysis Check List'' and a ``Categorical Exclusion 
Determination'' are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

0
For the reasons discussed 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; 33 CFR 1.05-1(g); 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. From July 24, 2006 through September 30, 2006, Sec.  117.591 is 
amended by suspending paragraph (e) and adding a temporary paragraph 
(g), to read as follows:


Sec.  117.591  Charles River.

* * * * *
    (g) The draw of the Department of Conservation and Recreation, 
(Craigie Bridge), mile 1.0, at Boston, shall operate as follows:
    (1) The draw shall open on signal; except that, from 12 p.m. to 8 
p.m. on Saturday and Sunday, the draw shall open on signal on the half-
hour only, except as stated in paragraph (a)(1) of this section.
    (2) Monday through Friday from 6 a.m. to 10 a.m. and 3 p.m. to 7 
p.m., the draw need not open for the passage of vessel traffic, except 
as stated in paragraph (a)(1) of this section.

    Dated: July 24, 2006.
Timothy S. Sullivan,
Rear Admiral, U.S. Coast Guard,Commander, First Coast Guard District.
 [FR Doc. E6-12401 Filed 8-1-06; 8:45 am]
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