[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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