```

[Federal Register Volume 66, Number 90 (Wednesday, May 9, 2001)]
[Rules and Regulations]
[Pages 23610-23611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11711]

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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-01-055]
RIN 2115-AE47

Drawbridge Operation Regulations: Chelsea River, MA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary final rule 
governing the operation of the P.J. McArdle Bridge, at mile 0.3, across 
the Chelsea River between East Boston and Chelsea, Massachusetts. This 
rule allows the bridge owner to keep the bridge in the partial open 
position of 49 degrees for eight, three and a half day, closures. This 
action is necessary to facilitate structural maintenance at the bridge.

DATES: This temporary final rule is effective from June 11, 2001 
through September 21, 2001.

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 (CGD01-01-055) and are available for inspection or 
copying at the First Coast Guard District, Bridge Branch Office, 408 
Atlantic Avenue, Boston, Massachusetts, 02110, 6:30 a.m. to 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

    The Coast Guard has determined that good cause exists under the 
Administrative Procedure Act (5 U.S.C. 553) to forego notice and 
comment for this rulemaking because notice and comment are unnecessary. 
The Coast Guard believes notice and comment are unnecessary because all 
the facilities that operate on the Chelsea River agreed to the 
requested closure dates at a meeting on March 1, 2001. The recreational 
vessels that use the Chelsea River will not be effected by the bridge 
not fully opening because there will still be 135 feet of navigable 
channel with unlimited airspace available when the bridge is opened to 
a 49 degree angle. Deep draft vessels will be prohibited from 
transiting the waterway during the specified dates closures as a result 
of a safety zone that is pending publication in the Federal Register.

Background

    The P.J. McArdle Bridge, at mile 0.3, across the Chelsea River, has 
a vertical clearance of 21 feet at mean high water, and 30 feet at mean 
low water in the closed position. The existing drawbridge operating 
regulations are listed at 33 CFR 117.593.
    The bridge owner, the City of Boston, requested a temporary 
deviation from the drawbridge operating regulations at a meeting on 
March 1, 2001, between the Coast Guard and the upstream facilities that 
operate on the Chelsea River. All the facilities agreed to the proposed 
closure schedule. The recreational vessels that transit the Chelsea 
River will not be effected by the bridge being in the partial open 
position of 49 degrees because they will still have 135 feet of 
navigable channel with unlimited airspace to pass through the bridge.
    During the closure periods the bridge bascule spans will be at 
approximately a 49 degree angle of opening. This will reduce the 
navigable channel with unlimited airspace from 175 feet to 135 feet. 
This partial open position is necessary in order to perform structural 
repairs at the bridge.
    This temporary final rule allows the bridge owner to keep the 
bridge in the partial open position for eight, three and a half day, 
closure periods, from sunset on Monday through sunrise on Friday. This 
closure schedule will allow 10 days between each closed period for full 
operation of the bridge.
    The bridge will be in the partial open position from sunset on 
Monday through sunrise on Friday on the following dates:

June 11, 2001 through June 15, 2001;
June 25, 2001 through June 29, 2001;
July 9, 2001 through July 13, 2001;
July 23, 2001 through July 27, 2001;
August 6, 2001 through August 10, 2001;

[[Page 23611]]

August 20, 2001 through August 24, 2001;
September 3, 2001 through September 7, 2001; and
September 17, 2001 through September 21, 2001.

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. 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 Transportation (DOT) (44 FR 11040; February 26, 
1979). This conclusion is based on the fact that the requested closures 
were agreed upon in advance by the upstream facilities that use this 
waterway.

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. ``Small entities'' comprise 
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 the fact that the requested 
closures were agreed upon in advance by the upstream facilities that 
use this waterway.

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

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

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.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under figure 2-1, paragraph (32)(e) of Commandant 
Instruction M16475.1C, this rule is categorically excluded from further 
environmental documentation because promulgation of changes to 
drawbridge regulations have been found to not have a significant effect 
on the environment. A written ``Categorical Exclusion Determination'' 
is not required for the temporary final rule.

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.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons set out in the preamble, the Coast Guard amends 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; 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. From June 11, 2001 through September 21, 2001, Sec. 117.593 is 
suspended and a new section 117.T594 is added to read as follows:

Sec. 117.T594  Chelsea River.

    (a) All drawbridges across the Chelsea River shall open on signal; 
except that, the P.J. McArdle Bridge, mile 0.3, need not fully open for 
the passage of vessel traffic from, sunset on Monday through sunrise on 
Friday, June 11, 2001 through June 15, 2001; June 25, 2001 through June 
29, 2001; July 9, 2001 through July 13, 2001; July 23, 2001 through 
July 27, 2001; August 6, 2001 through August 10, 2001; August 20, 2001 
through August 24, 2001; September 3, 2001 through September 7, 2001; 
and September 17, 2001 through September 21, 2001.
    (b) The opening signal for each drawbridge is two prolonged blasts 
followed by two short blasts and one prolonged blast. The acknowledging 
signal is three prolonged blasts when the draw can be opened 
immediately and two prolonged blasts when the draw cannot be opened or 
is open and must be closed.

    Dated: April 30, 2001.
G.N. Naccara,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 01-11711 Filed 5-8-01; 8:45 am]
BILLING CODE 4910-15-P
```