Drawbridge Operation Regulations: Fort Point Channel, MA

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