[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