[Federal Register Volume 59, Number 237 (Monday, December 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30483]
[[Page Unknown]]
[Federal Register: December 12, 1994]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117
[CGD01-94-087]
RIN 2115-AE47
Drawbridge Operation Regulations; Neponset River, MA
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is considering a change to the regulations
governing the Granite Avenue Bridge over the Neponset River between
Boston and Milton, Massachusetts, by authorizing the bridge to open on
signal May 1 through October 31; 6 a.m. to 12 midnight and to open on
signal at all other times provided at least one (1) hour advance notice
is given by calling the number posted at the bridge. This action will
relieve the bridge owner of the unnecessary burden of having personnel
at the bridge at all times during the above period and should still
provide for the reasonable needs of navigation.
DATES: Comments must be received on or before February 10, 1995.
ADDRESSES: Comments should be mailed to Commander (obr), First Coast
Guard District, Captain John Foster Williams Federal Building, 408
Atlantic Ave., Boston, Massachusetts 02110-3350. Comments may also be
hand-delivered to this address. The comments and other materials
referenced in this notice will be available for inspection and copying
by appointment at the Captain John Foster Williams Federal Building,
Room 628, 408 Atlantic Avenue, Boston, Massachusetts. Normal office
hours are between 6:30 a.m. and 3 p.m., Monday through Friday, except
federal holidays.
FOR FURTHER INFORMATION CONTACT:
William C. Heming, Bridge Administrator, First Coast Guard District,
(212) 668-7170.
SUPPLEMENTARY INFORMATION:
Request for Comments
Interested persons are invited to participate in this rulemaking by
submitting written views, comments, data, or arguments. Persons
submitting comments should include their names and addresses, identify
this rulemaking (CGD01-94-087), the specific section of this proposal
to which each comment applies, and give reasons for each comment. The
Coast Guard requests that all comments and attachments be submitted in
an unbound format suitable for copying and electronic filing. If not
practical, a second copy of any bounded material is requested. Persons
desiring acknowledgment that their comments have been received should
enclose a stamped, self-addressed post card or envelope.
The Coast Guard will consider all comments received during the
comment period and may change this proposal in light of comments
received. The Coast Guard plans no public hearing. Persons may request
a public hearing by writing to the Commander (obr), First Coast Guard
District at the address listed under ADDRESSES. The request should
include reasons why a hearing would be beneficial. If the Coast Guard
determines 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.
Drafting Information
The drafters of this notice are Mr. John McDonald, First Coast
Guard District Bridge Branch, Project Manager and Lieutenant Commander
S.R. Watkins, First Coast Guard District Legal Office, Project Counsel.
Background and Purpose
The Granite Avenue Bridge over the Neponset River between Boston
and Milton, Massachusetts has a vertical clearance of 6' above mean
high water (MHW) and 16' above mean low water (MLW). Vessels from the
Milton Yacht Club are the primary users of the Granite Avenue Bridge.
The yacht club is located upstream of the bridge. The yacht club docks
are removed from the waterway in December of each year and there are no
other waterway users that would require openings during the winter
months. Because of this lack of facility, the bridge owner, the
Massachusetts Highway Department (MHD), proposes to have drawtenders on
one hour recall to respond to requests for openings at all times from
November 1 to April 30 and from May 1 through October 31; 12 a.m. to 6
a.m. daily.
Discussion of Proposed Amendments
MHD has requested a change to the present operating regulations in
33 CFR Sec. 117.611, which require that the bridge open on signal from
May 1 through October 31 at all times and from April 1 through April 30
and November 1 through December 31, the bridge shall open on signal
from 8 a.m. to 4 p.m. daily. At all other times the bridge shall open
if at least a twenty four (24) hour advance notice is given to the
bridge owner by calling the number posted at bridge. There have been
few requests for openings during the proposed one (1) hour advance
notice time periods.
The bridge owner has requested that the bridge open on signal from
May 1 through October 31; 6 a.m. to 12 midnight. At all other times the
bridge will open if at least a one hour advance notice is given by
calling the number posted at the bridge. This change to the regulations
is being proposed due to the infrequent requests for openings during
the proposed one (1) hour advance notice time periods. This action will
relieve the bridge owner of the burden of having personnel at the
bridge during the above time periods but should still provide for the
reasonable needs of navigation. The drawtenders will be on call to open
the draw when the advance notice is given to the highway department by
calling the number posted at the bridge.
Regulatory Evaluation
This proposal 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 been exempted from review 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 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 the regulation will not prevent
mariners from transiting the Granite Avenue Bridge. It will require
only that mariners plan their transits and provide a one hour advance
notice.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this action will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include independently owned and operated small businesses
that are not dominant in their field and that otherwise qualify as
``small business concerns'' under section 3 of the Small Business Act
(15 U.S.C. 632). Because of the reasons discussed in the Regulatory
Evaluation above, the Coast Guard certifies under 5 U.S.C. 605(b) that
this action, if adopted, will not have a significant economic impact on
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 proposal in accordance with the
principles and criteria contained in Executive Order 12612, and it has
been determined that this proposed regulation does not have sufficient
federalism implications to warrant preparation of a Federalism
Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposal and concluded that, under section 2.B.2.e.(32)(e) of
Commandant Instruction M16475.1B, this proposal is categorically
excluded from further environmental documentation. A Categorical
Exclusion Determination is available in the docket for inspection or
copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
In consideration of the foregoing, the Coast Guard proposes to
amend part 117 of title 33, Code of Federal Regulations, 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 117.611 is revised to read as follows:
Sec. 117.611 Neponset River.
The Granite Avenue Bridge, mile 2.5, between Boston and Milton,
Massachsetts, shall operate as follows:
(a) The draw of the Granite Ave Bridge shall open on signal from
May 1 through October 31; 6 a.m. to 12 midnight. At all other times the
draw shall open on signal if at least one hour advance notice is given
by calling the number posted at the bridge.
(b) The owners of this bridge shall provide and keep in good
legible condition, clearance gauges for each draw with figures not less
than twelve (12) inches high designed, installed and maintained
according to the provisions of Sec. 118.160 of this chapter.
Dated: December 2, 1994.
R.R. Clark,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 94-30483 Filed 12-9-94; 8:45 am]
BILLING CODE 4910-14-M