Drawbridge Operation Regulations; Neponset River, MA

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]

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