[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