Drawbridge Operation Regulations: Mystic River, MA

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.

-----------------------------------------------------------------------

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