[Federal Register: June 18, 2004 (Volume 69, Number 117)]
[Proposed Rules]
[Page 34099-34100]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jn04-40]
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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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