[Federal Register Volume 64, Number 49 (Monday, March 15, 1999)]
[Proposed Rules]
[Pages 12797-12798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6268]
[[Page 12797]]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD01-98-173]
RIN 2115-AE47
Drawbridge Operation Regulations: Fort Point Channel, MA
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the operating rules
governing the Northern Avenue Bridge, mile 0.1, across Fort Point
Channel in Boston, Massachusetts. This proposed rule removes the two
time periods during vehicular traffic rush hours Monday through Friday
when the Northern Avenue Bridge is not required to open for vessel
traffic. Motor vehicles no longer use the Northern Avenue Bridge to
cross Fort Point Channel as a result of the construction of a new
highway bridge upstream. It is expected that this proposed rule will
remove obsolete restrictions in the regulations to better meet the
needs of navigation.
DATES: Comments must reach the Coast Guard on or before April 14, 1999.
ADDRESSES: You may mail comments to Commander (obr), First Coast Guard
District, 408 Atlantic Avenue, Boston, Ma. 02110-3350, or deliver them
to the same address between 7 a.m. and 4 p.m., Monday through Friday,
except Federal holidays. The telephone number is (617) 223-8364. The
District Commander maintains the public docket for this rulemaking.
Comments and documents as indicated in this preamble will become part
of this docket and will be available for inspection or copying at the
above address 7 a.m. to 3 p.m. Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: John W. McDonald, Project Officer,
First Coast Guard District, (617) 223-8364.
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 rulemaking (CGD01-98-173) and specific section of this
proposal to which their comments apply, and give reasons for each
comment. Please submit two copies of all comments and attachments in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. 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 response to comments
received. The Coast Guard does not plan to hold a public hearing;
however, persons may request a public hearing by writing to the Coast
Guard at the address listed under ADDRESSES in this document. The
request should include the reasons why a hearing would be beneficial.
If it is determined that the opportunity for oral presentations will
aid this matter, the Coast Guard will hold a public hearing at a time
and place announced by a subsequent notice published in the Federal
Register.
Background
The Northern Avenue Bridge has a vertical clearance at mean high
water (MHW) of 7 feet and at mean low water (MLW) of 17 feet. The
Northern Avenue Bridge is presently required to open on signal from 6
a.m. to 8 p.m., except during the two vehicular traffic rush hours, 7
a.m. to 9 a.m. and 4:30 p.m. to 6:30 p.m., Monday through Friday. From
8 p.m. to 6 a.m. the draw need not open for vessel traffic.
The present use of the Northern Avenue Bridge is by pedestrians
only. Vehicular traffic no longer uses the Northern Avenue Bridge. The
roadway, Northern Avenue, has been relocated to align with the new
replacement bridge which has been constructed upstream from the old
bridge. Bridges normally open on signal at all times except when there
is a demonstrated offsetting benefit to traffic crossing the bridge. In
this case the traffic crossing the bridge no longer exists. Motor
vehicles no longer cross over this bridge to cross Fort Point Channel.
Retention of the two closed periods for rush hour vehicular traffic in
the regulation is no longer necessary because it restricts the passage
of vessels unnecessarily. The Northern Avenue Bridge provides an
alternate pedestrian route to cross Fort Point Channel in addition to
the new bridge. The present waterway usage is primarily construction
barges working on projects upstream and recreational vessels docked
along the Fort Point Channel waterfront.
The Coast Guard recently granted a temporary deviation from the
operating regulations for a period of 60 days ending on January 6,
1999, requiring a twenty-four hour advance notice for bridge openings,
to assist construction operations repairing the bridge protective
fender system. Increased barge traffic on the waterway has made the
repair of the fender system essential.
The period the bridge need not be opened for vessel traffic, 8 p.m.
to 6 a.m., will remain unchanged.
The Coast Guard is limiting the comment period to 30 days for this
notice of proposed rulemaking. The Coast Guard feels this is reasonable
because of the increase in navigation on the waterway both from the
upstream construction of the Central Artery Tunnel Project and the
additional recreational traffic using the docks located behind the
Barking Crab restaurant on Fort Point Channel. Comments are expected to
be at a minimum because vehicular traffic no longer uses the Northern
Avenue Bridge and can no longer benefit from the restriction in the
regulations for rush hour traffic.
The navigational traffic on this waterway, which has increased will
benefit from the speedy removal of this unnecessary restriction on
navigation.
Discussion of Proposal
The Coast Guard proposes to revise Sec. 117.599 to remove the
obsolete clause in the regulations allowing the bridge to need not open
fro vessel traffic from 7 a.m. to 9 a.m. and 4:30 p.m. to 6:30 p.m.
Monday through Friday. This proposal will require the bridge to open on
signal from 6 a.m. to 8 p.m. daily.
The Coast Guard also proposes to remove from the regulations the
provision of opening the bridge as soon as possible for the passage of
state and local vessels used for public safety. This provision is now
included under the general operating regulations for bridges at
Sec. 117.31.
Regulatory Evaluation
This proposed 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 this proposal is
only removing obsolete language from the regulations that allow the
bridge to remain closed during vehicular traffic rush hours. Vehicles
no longer pass over the Northern Avenue Bridge to cross Fort Point
Channel. This
[[Page 12798]]
change to the regulations will economically benefit navigational
interests that use this waterway by no longer delaying their transits.
The Coast Guard believes that the added cost to crew the bridge is not
significant because the bridge owner must crew the bridge during the
daytime hours 6 a.m. to 8 p.m. anyway and the additional cost to crew
the bridge during the two rush hour periods is offset by the benefit to
navigation using this waterway.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this proposed rule will have a
significant economic impact on a substantial number of small entities.
``Small entities'' include 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. Therefore, for the reasons discussed in
the Regulatory Evaluation section above, the Coast Guard certifies
under 5 U.S.C. 605(b) that this proposed rule will not have a
significant economic impact on a substantial number of small entities.
If, however, you think that your business or organization qualifies as
a small entity and that this proposed rule will have a significant
economic impact on your business or organization, please submit a
comment (see ADDRESSES) explaining why you think it qualifies and in
what way and to what degree this rule will economically affect it.
Collection of Information
This proposed rule does not provide for a collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this proposed rule in accordance with
the principles and criteria contained in Executive Order 12612 and has
determined that this proposed 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
proposed rule and concluded that, under Figure 2-1, paragraph 32(e), of
Commandant Instruction M16475.1C, this proposed 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 this proposed rule.
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; 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 117.599 is revised to read as follows:
Sec. 117.599 Fort Point Channel.
The Northern Avenue Bridge, mile 0.1, at Boston, shall open on
signal from 6 a.m. to 8 p.m. daily. From 8 p.m. to 6 a.m. the bridge
need not be opened for the passage of vessels.
Dated: March 2, 1999.
R. M. Larrabee,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 99-6268 Filed 3-12-99; 8:45 am]
BILLING CODE 4910-15-M
