[Federal Register Volume 66, Number 34 (Tuesday, February 20, 2001)]
[Rules and Regulations]
[Pages 10816-10817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4096]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-00-234]
RIN 2115-AE47


Drawbridge Operation Regulations: Fort Point Channel, MA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the drawbridge operating 
regulations for the Northern Avenue Bridge, mile 0.1, across the Fort 
Point Channel at Boston, Massachusetts. This rule will revise the 
drawbridge operating regulations to provide bridge openings during 
times the bridge previously did not open and also place the bridge on 
an advance notice basis during times when there have been few requests 
to open the bridge. This action is expected to better meet the present 
needs of navigation.

DATES: This rule is effective March 22, 2001.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket (CGD01-00-234) and are available for inspection or 
copying at the First Coast Guard District, Bridge Branch Office, 408 
Atlantic Avenue, Boston, Massachusetts 02110, 7 a.m. to 3 p.m., Monday 
through Friday, except Federal holidays.

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

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On November 8, 2000, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations; Fort Point Channel, 
Massachusetts, in the Federal Register (65 FR 66939). We received six 
comment letters in response to the notice of proposed rulemaking. All 
the comment letters were in favor of the rule change. No public hearing 
was requested and none was held.

Background and Purpose

    The Northern Avenue Bridge, mile 0.1, across the Fort Point Channel 
has a vertical clearance of 7 feet at mean high water and 17 feet at 
mean low water in the closed position. The existing operating 
regulations in 33 CFR 117.599 require the bridge to open on signal from 
6 a.m. to 8 p.m. From 8 p.m. to 6 a.m., the bridge need not open for 
the passage of vessels. The Coast Guard received a request to change 
the operating regulations from a commercial tour boat operator and the 
mariners located at a marina upstream from the Northern Avenue Bridge. 
The mariners requested that the bridge be crewed and available to open 
for vessel traffic after 8 p.m. during the boating season. The bridge 
presently does not open from 8 p.m. to 6 a.m., daily.
    The Coast Guard published a notice of temporary deviation and 
request for comments on April 27, 2000, in order to test an expanded 
operating schedule for the bridge and to provide immediate relief for 
the mariners during the summer of 2000. The deviation required the 
bridge to open on signal from 6 a.m. to 8 p.m. and from 8 p.m. to 6 
a.m. to open on signal if at least a two-hour advance notice was 
provided by calling the number posted at the bridge. The Coast Guard 
received four letters in favor of expanding the operating hours for the 
bridge. After the comment period for the deviation concluded on 
September 30, 2000, the Coast Guard had discussions regarding the 
expansion of the operating hours for the bridge with officials from the 
City of Boston, the owner of the bridge. As a result of these 
discussions, the bridge owner agreed to crew the bridge additional 
hours as well as provide openings on an advance notice basis during 
times when the bridge is not crewed. The following schedule was 
established:
    From May 1 through October 31, the draw shall open on signal from 7 
a.m. to 11 p.m. From 11 p.m. to 7 a.m. the draw shall open on signal if 
at least a two-hour advance notice is given by calling the number 
posted at the bridge.
    From November 1 through April 30, the draw shall open on signal 
from 7 a.m. to 3 p.m. From 3 p.m. to 7 a.m. the draw shall open on 
signal if at least a twenty-four hours advance notice is given by 
calling the number posted at the bridge.
    The Coast Guard believes this is a reasonable operating schedule 
because the mariners will now be able to get bridge openings during the 
times the bridge is crewed or upon the required advance notice, and the 
bridge owner will not be required to crew the bridge during periods 
when there have been few requests to open the bridge.

Discussion of Comments and Changes

    The Coast Guard received six comment letters all in favor of the 
rule change. No changes will be made to the final rule.

Regulatory Evaluation

    This 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. The 
Office of Management and Budget has not reviewed it 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). This conclusion is based on the fact that the bridge will be 
crewed at times to meet the needs of navigation and will be on an 
advance notice basis during the times when there have been few requests 
to open the bridge.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612) we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. ``Small entities'' comprises 
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.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities. This conclusion is based on the fact that the bridge will be 
crewed at times to meet the needs of navigation and will be on an 
advance notice basis during the times when there have been few requests 
to open the bridge.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork

[[Page 10817]]

Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under E.O. 12630, Governmental Actions and 
Interference with Constitutionally Protected Property Rights

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under E.O. 13045, Protection of Children 
from Environmental Health Risks and Safety Risks. This rule is not an 
economically significant rule and does not concern an environmental 
risk to health or risk to safety that may disproportionately affect 
children.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under figure 2-1, paragraph (32)(e) of Commandant 
Instruction M16475.1C, this 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 draw of the Northern Avenue Bridge, mile 0.1, at Boston, shall 
operate as follows:
    (a) From May 1 through October 31, the draw shall open on signal 
from 7 a.m. to 11 p.m. From 11 p.m. to 7 a.m. the draw shall open on 
signal if at least a two-hour advance notice is given by calling the 
number posted at the bridge.
    (b) From November 1 through April 30, the draw shall open on signal 
from 7 a.m. to 3 p.m. From 3 p.m. to 7 a.m. the draw shall open on 
signal if at least a twenty-four hours advance notice is given by 
calling the number posted at the bridge.

    Dated: January 31 2001.
G.N. Naccara,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 01-4096 Filed 2-16-01; 8:45 am]
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