[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]
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