[Federal Register Volume 60, Number 205 (Tuesday, October 24, 1995)]
[Rules and Regulations]
[Pages 54431-54432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26260]
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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: Final rule.
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SUMMARY: The Coast Guard is changing the operating rules governing the
Granite Avenue Bridge at mile 2.5, 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 hour advance notice is
given by calling the number posted at the bridge. This final rule 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.
EFFECTIVE DATE: November 24, 1995.
ADDRESSES: Documents referred to in this preamble are available for
copying and inspection at the First Coast Guard District, Bridge Branch
office located in the Captain John Foster Williams Federal Building,
408 Atlantic Ave., Boston, Massachusetts 02110-3350, room 628, between
6:30 a.m. and 3 p.m., Monday through Friday, except federal holidays.
The telephone number is (617) 223-8364.
FOR FURTHER INFORMATION CONTACT: John W. McDonald, Project Manager,
Bridge Branch, (617) 223-8364.
SUPPLEMENTARY INFORMATION:
Drafting Information: The principal persons involved in drafting
this final rule are Mr. John W. McDonald, Project Officer, Bridge
Branch, and Lieutenant Commander Samuel R. Watkins, Project Counsel,
District Legal Office.
Regulatory History
On December 12, 1994, the Coast Guard published a notice of
proposed rulemaking entitled ``Drawbridge Operation Regulations;
Neponset River, Massachusetts'' in the Federal Register (59 FR 63945).
The Coast Guard received one letter commenting on the proposal. No
public hearing was requested, and none was held.
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), will have drawtenders on one
hour recall to respond to requests for openings at all times from
November 1 to April 30 and between the hours of midnight and 6 a.m.
daily from May 1 through October 31.
Discussion of Comments and Changes
The Coast Guard received one comment letter on the notice of
proposed rulemaking. The Neponset Valley Yacht Club requested that the
draw open on signal twenty four hours a day from 1 April through 31
October.
The bridge logs for 1994 indicate that from 1 May through 31
October between 12 a.m. and 6 a.m. there were no requests in May, one
request in June, two requests in July, three requests in August, two
requests in September and three requests in October.
The total requests for openings between 12 a.m. and 6 a.m. have
been so few that the Coast Guard believes that the proposal to require
a one hour advance notice during these hours is reasonable. Therefore,
no changes to the proposed rule are being made.
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866 and does not
[[Page 54432]]
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 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 rule will not prevent mariners from passing through the
Granite Avenue Bridge, but will only require mariners to plan their
transits.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this rule will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' may include (1) small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000. Because of the reasons discussed in
the Regulatory Evaluation above, 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.
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 rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this rule does not have sufficient federalism implications to warrant
preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that, under paragraph 2.B.2.e.(32)(e) of Commandant
Instruction M16475.1B, this rule 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.
For the reasons set out in the preamble, the Coast Guard is
amending 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 117.611 is revised to read as follows:
Sec. 117.611 Neponset River.
The Granite Avenue Bridge, mile 2.5, between Boston and Milton,
Massachusetts, shall operate as follows:
(a) The draw of the Granite Avenue 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: July 21, 1995.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 95-26260 Filed 10-23-95; 8:45 am]
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