[Federal Register Volume 64, Number 102 (Thursday, May 27, 1999)]
[Rules and Regulations]
[Pages 28744-28745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13435]
=======================================================================
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is changing the operating rules governing the
Northern Avenue Bridge, mile 0.1, across Fort Point Channel in Boston,
Massachusetts. This final rule removes the tow time periods Monday
through Friday when the Northern Avenue Bridge was not required to open
for vessel traffic. Motor vehicles no longer use the Northern Avenue
Bridge to cross Fort Point channel. It is expected that this final rule
will better meet the needs of navigation.
DATES: This final rule is effective June 28, 1999.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at the First Coast Guard District Office, 408
Atlantic Avenue, Boston, Massachusetts 02110, 7 a.m. to 3 p.m., Monday
through Friday, except Federal holidays. The telephone number is (617)
223-8364.
FOR FURTHER INFORMATION CONTACT: John W. McDonald, Project Officer,
First Coast Guard District, (617) 223-8364.
SUPPLEMENTARY INFORMATION:
Regulatory History
The Coast Guard published a notice of proposed rulemaking entitled
Drawbridge Operation Regulations; Fort Point Channel, Massachusetts, in
the Federal Register (64 FR 12797) on March 15, 1999. The Coast Guard
received no letters commenting on the notice of proposed rulemaking. No
public hearing was requested and none was held.
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 for vessels at all times except
when there is a demonstrated offsetting benefit to traffic crossing the
bridge. In this case the traffic cross the bridge no longer exists.
Motor vehicles no longer cross over this bridge to cross Fort Point
Channel. Retention of the exception in the regulations to allow the
bridge to not open for vessel traffic during the two vehicular traffic
rush hours is not longer necessary because it restricts the passage of
vessels unnecessarily. The present waterway usage is primarily
construction barges working on several projects upstream of the bridge
and some recreational vessels docked along the Fort Point Channel
waterfront.
The Coast Guard granted a temporary deviation from the operating
regulations for a period of 60 days effective until January 6, 1999, to
provide for the speedy repair of the bridge protective fender system.
Increased barge traffic has made the repair of the fender system
essential.
The period the bridge was closed to vessel traffic, 8 p.m. to 6
a.m., will remain unchanged. This final rule will require the bridge to
open on signal from 6 a.m. to 8 p.m., daily, and from
[[Page 28745]]
8 p.m. to 6 a.m., the bridge need not open for the passage of vessels.
The Coast Guard has also removed from the regulations the provision
for 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.
Discussion of Comments and Changes
The Coast Guard received no letters commenting on the notice of
proposed rulemaking and no changes have been made to the final rule.
Regulatory Evaluation
This final 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 final 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 final rule is simply removing unnecessary language that
allows the bridge not to open during vehicular traffic rush hours.
Vehicles no longer pass over the Northern Avenue Bridge to cross Fort
Point Channel. This 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 final 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 reasons discussed in the Regulatory Evaluation
section above, the Coast Guard certifies under section 605(b) of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this final rule
will not have a significant economic impact on a substantial number of
small entities.
Collection of Information
This final 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 final rule in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that this final 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 final
rule and concluded that, under Section 2.B.2., Figure 2-1, paragraph
(32)(e), of Commandant Instruction M16475.1C, this final 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 final
rule.
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. Section 117.599 is revised to read as follows:
Sec. 117.599 Fort Point Channel.
The Northern Avenue Bridge, mile 0.1, 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 open
for the passage of vessels.
Dated: May 13, 1999.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 99-13435 Filed 5-26-99; 8:45 am]
BILLING CODE 4910-15-M
