[Federal Register Volume 64, Number 49 (Monday, March 15, 1999)]
[Proposed Rules]
[Pages 12797-12798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6268]



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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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the operating rules 
governing the Northern Avenue Bridge, mile 0.1, across Fort Point 
Channel in Boston, Massachusetts. This proposed rule removes the two 
time periods during vehicular traffic rush hours Monday through Friday 
when the Northern Avenue Bridge is not required to open for vessel 
traffic. Motor vehicles no longer use the Northern Avenue Bridge to 
cross Fort Point Channel as a result of the construction of a new 
highway bridge upstream. It is expected that this proposed rule will 
remove obsolete restrictions in the regulations to better meet the 
needs of navigation.

DATES: Comments must reach the Coast Guard on or before April 14, 1999.

ADDRESSES: You may mail comments to Commander (obr), First Coast Guard 
District, 408 Atlantic Avenue, Boston, Ma. 02110-3350, or deliver them 
to the same address between 7 a.m. and 4 p.m., Monday through Friday, 
except Federal holidays. The telephone number is (617) 223-8364. The 
District Commander maintains the public docket for this rulemaking. 
Comments and documents as indicated in this preamble will become part 
of this docket and will be available for inspection or copying at the 
above address 7 a.m. to 3 p.m. Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: John W. McDonald, Project Officer, 
First Coast Guard District, (617) 223-8364.

SUPPLEMENTARY INFORMATION: 

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD01-98-173) and specific section of this 
proposal to which their comments apply, and give reasons for each 
comment. Please submit two copies of all comments and attachments in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. Persons wanting acknowledgment of 
receipt of comments should enclose a stamped, self-addressed postcard 
or envelope.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in response to comments 
received. The Coast Guard does not plan to hold a public hearing; 
however, persons may request a public hearing by writing to the Coast 
Guard at the address listed under ADDRESSES in this document. The 
request should include the reasons why a hearing would be beneficial. 
If it is determined that the opportunity for oral presentations will 
aid this matter, the Coast Guard will hold a public hearing at a time 
and place announced by a subsequent notice published in the Federal 
Register.

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 at all times except when there 
is a demonstrated offsetting benefit to traffic crossing the bridge. In 
this case the traffic crossing the bridge no longer exists. Motor 
vehicles no longer cross over this bridge to cross Fort Point Channel. 
Retention of the two closed periods for rush hour vehicular traffic in 
the regulation is no longer necessary because it restricts the passage 
of vessels unnecessarily. The Northern Avenue Bridge provides an 
alternate pedestrian route to cross Fort Point Channel in addition to 
the new bridge. The present waterway usage is primarily construction 
barges working on projects upstream and recreational vessels docked 
along the Fort Point Channel waterfront.
    The Coast Guard recently granted a temporary deviation from the 
operating regulations for a period of 60 days ending on January 6, 
1999, requiring a twenty-four hour advance notice for bridge openings, 
to assist construction operations repairing the bridge protective 
fender system. Increased barge traffic on the waterway has made the 
repair of the fender system essential.
    The period the bridge need not be opened for vessel traffic, 8 p.m. 
to 6 a.m., will remain unchanged.
    The Coast Guard is limiting the comment period to 30 days for this 
notice of proposed rulemaking. The Coast Guard feels this is reasonable 
because of the increase in navigation on the waterway both from the 
upstream construction of the Central Artery Tunnel Project and the 
additional recreational traffic using the docks located behind the 
Barking Crab restaurant on Fort Point Channel. Comments are expected to 
be at a minimum because vehicular traffic no longer uses the Northern 
Avenue Bridge and can no longer benefit from the restriction in the 
regulations for rush hour traffic.
    The navigational traffic on this waterway, which has increased will 
benefit from the speedy removal of this unnecessary restriction on 
navigation.

Discussion of Proposal

    The Coast Guard proposes to revise Sec. 117.599 to remove the 
obsolete clause in the regulations allowing the bridge to need not open 
fro vessel traffic from 7 a.m. to 9 a.m. and 4:30 p.m. to 6:30 p.m. 
Monday through Friday. This proposal will require the bridge to open on 
signal from 6 a.m. to 8 p.m. daily.
    The Coast Guard also proposes to remove from the regulations the 
provision of 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.

Regulatory Evaluation

    This proposed 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 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 proposal is 
only removing obsolete language from the regulations that allow the 
bridge to remain closed during vehicular traffic rush hours. Vehicles 
no longer pass over the Northern Avenue Bridge to cross Fort Point 
Channel. This

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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 proposed 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 the reasons discussed in 
the Regulatory Evaluation section above, the Coast Guard certifies 
under 5 U.S.C. 605(b) that this proposed rule will not have a 
significant economic impact on a substantial number of small entities. 
If, however, you think that your business or organization qualifies as 
a small entity and that this proposed rule will have a significant 
economic impact on your business or organization, please submit a 
comment (see ADDRESSES) explaining why you think it qualifies and in 
what way and to what degree this rule will economically affect it.

Collection of Information

    This proposed 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 proposed rule in accordance with 
the principles and criteria contained in Executive Order 12612 and has 
determined that this proposed 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 
proposed rule and concluded that, under Figure 2-1, paragraph 32(e), of 
Commandant Instruction M16475.1C, this proposed 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 proposed rule.

List of Subjects in 33 CFR part 117

    Bridges.

Regulations

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 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, at Boston, 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 be opened for the passage of vessels.

    Dated: March 2, 1999.
R. M. Larrabee,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 99-6268 Filed 3-12-99; 8:45 am]
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