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Drawbridge Operation Regulations: Chelsea River, MA
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: May 9, 2001 (Volume 66, Number 90)]
[Rules and Regulations]
[Page 23610-23611]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09my01-19]
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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.
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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]
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