[Federal Register Volume 62, Number 16 (Friday, January 24, 1997)]
[Proposed Rules]
[Pages 3636-3638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1800]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD01-96-002]
RIN 2115-AE47
Drawbridge Operation Regulations: Mystic River, MA
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the operating rules for the
S99 Alford Street Bridge over the Mystic River in Boston,
Massachusetts. Additionally, the regulations governing the Boston and
Maine Bridge and the General Lawrence Bridge will be removed because
both bridges have been replaced with fixed bridges. The owner of the
S99 Alford Street Bridge has requested that an 8 hour notice for
openings be provided from November 1 through March 31, between 11 p.m.
and 7 a.m. This change is expected to provide for the needs of
navigation and relieve the bridge owner of the burden of crewing the
bridge at night during the winter months.
DATES: Comments must be received on or before March 25, 1997.
[[Page 3637]]
ADDRESSES: Comments should be mailed to Commander (obr), First Coast
Guard District, Bldg 135A, Governors Island, New York, New York 10004-
5073. The telephone number is (212) 668-7165. Comments will become part
of this docket and will be available for inspection or copying at the
above address.
FOR FURTHER INFORMATION CONTACT: Joe Arca, Project Officer, First Coast
Guard District Bridge Branch, (212) 668-7165.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this notice (CGD01-96-002) and the specific section of the
proposal to which their comments apply, and give reasons for each
comment. Persons wanting acknowledgment of receipt of comments should
enclose a stamped, self-addressed postcard or envelope.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in view of the comments.
The Coast Guard plans no public hearing; however, persons may request a
public hearing by writing to the address under ADDRESSES. If it is
determined that the opportunity for oral presentations will aid this
rulemaking, the Coast Guard will hold a public hearing at a time and
place announced by a later notice in the Federal Register.
Background and Purpose
The S99 Alford Street Bridge at mile 1.4 over the Mystic River is a
bascule bridge operated by the City of Boston. The Boston and Maine
Bridge, mile 1.8, was operated by the Massachusetts Bay Transportation
Authority until it was removed in 1989: The General Lawrence Bridge,
mile 3.6, was owned and operated by the Metropolitan District
Commission (MDC) until it was removed in 1990.
The existing rules at 33 CFR 117.609(a) require the S99 Alford
Street Bridge and the Boston and Maine Bridge to open on signal, except
during the designated rush hour periods when the draw need not open for
vessels with a draft of less than 18 feet. Paragraph (b) of that
section states the General Lawrence Bridge need not be opened for
vessels.
In November, 1995, the Coast Guard received a request from the City
of Boston to change the operating rules for the S99 Alford Street
Bridge. This proposed change removes the requirement for the bridge to
open on signal between 11 p.m. and 7 a.m. during the winter months of
November through March. The city provided information which indicated
that there have been few requests for openings during this time. In
1989, the Boston and Maine Bridge and the General Lawrence Bridge were
replaced with fixed bridges. Accordingly, operating rules are no longer
required for these bridges.
Discussion of Proposed Amendments
This proposal will amend 33 CFR 117.609(a) to require, from
November 1 to March 31 each year, at least an 8 hour advance notice be
given to the bridge owner for openings of the S99 Alford Street Bridge
between 11 p.m. and 7 a.m. The exemption in the existing rule for
vessels with a draft greater than 18 feet will be removed because
commercial vessels to which this applied no longer use the Mystic
River. The requirement to provide an 8 hour advance notice for the S99
Alford Street Bridge for night openings from November to March should
not significantly affect the recreational boaters who infrequently use
the river in winter months. The requirement that public vessels be
passed as soon as possible will be removed from 117.609(a) since it is
now a requirement under 117.31 of the general operating regulations.
This proposal will further amend 117.609(a) and (b) by eliminating
references to the Boston and Maine Bridge and the General Lawrence
Bridge which have been replaced by fixed bridges.
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. It
has not been reviewed by the Office of Management and Budget 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). The Coast Guard expects the economic impact of this
rule to be so minimal that a full Regulatory Evaluation, under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary. This conclusion is based on the fact that information from
the bridge owner indicates that there have been few requests for
openings during these times. Mariners can still pass through the S99
Alford Street Bridge from 11 p.m. to 7 a.m. from November to March so
long as they provide advance notice.
Small Entities
The Coast Guard has considered the economic impact of this rule on
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.). For the reasons discussed in the Regulatory Evaluation above,
the Coast Guard has determined that this rule will not affect a
substantial number of small entities.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that this rule does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that, under section 2.B.2.e.(32)(e) of Commandant
Instruction M16475.1B, (as revised by 60 FR 32197, July 20, 1995), this
rule promulgates operating regulations for draw bridges and is
categorically excluded from further environmental documentation.
List of Subjects in 33 CFR Part 117
Bridges.
Proposed Regulation
For the reasons set out in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
PART 117--[AMENDED]
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 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., except Sundays and holidays, the draw need not
open for the passage of vessels. From November 1 through March 31,
between 11 p.m. and 7 a.m., at least an 8 hour advance notice is
required for bridge openings by calling the number posted at the
bridge.
[[Page 3638]]
(b) The draw of the Wellington Bridge, mile 2.5, need not be opened
for vessels.
Dated: January 3, 1997.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 97-1800 Filed 1-23-97; 8:45 am]
BILLING CODE 4910-14-M
