[Federal Register: October 14, 2003 (Volume 68, Number 198)]
[Rules and Regulations]               
[Page 59114-59116]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14oc03-19]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD01-02-026]
RIN 1625-AA09

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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard has changed the drawbridge operation 
regulations that govern 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 final rule requires 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: This rule is effective November 13, 2003.

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 (CGD01-01-026) 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

    On June 26, 2003, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations; Charles River, 
Dorchester Bay, and Saugus River, Massachusetts, in the Federal 
Register (68 FR 37990). We received no comments in response to the 
notice of proposed rulemaking. No public hearing was requested and none 
was held.

Background and Purpose

    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 required 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 rule

[[Page 59115]]

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 final rule allows 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 final rule 
allows 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 are listed at 33 CFR 117.618(b). This final rule allows 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 final rule is reasonable because all 
three bridges historically have received very few requests, if any, to 
open during the time periods for which they will now require an eight-
hour advance notice prior to opening.

Discussion of Comments and Changes

    The Coast Guard received no comments in response to the notice of 
proposed rulemaking and as a result, no changes have been made to this 
final rule.

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 records showing 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 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 records showing that the bridges 
normally receive few requests to open during the times the advance 
notice will be required.

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.
    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 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. It has not been designated by the

[[Page 59116]]

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


0
2. Section 117.591 is amended by adding a new paragraph (e)(3) to read 
as follows:


Sec.  117.591  Charles River and its tributaries.

* * * * *
    (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.
* * * * *

0
3. Section 117.597 is revised to read as follows:


Sec.  117.597  Dorchester Bay.

    The draw of the 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.

0
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: September 30, 2003.
John L. Grenier,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 03-25891 Filed 10-10-03; 8:45 am]

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