[Federal Register Volume 60, Number 6 (Tuesday, January 10, 1995)]
[Proposed Rules]
[Pages 2562-2563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-565]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD01-94-104]
RIN 2115-AE47
Drawbridge Operation Regulations; West Bay, Osterville, 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 West Bay Bridge at mile 1.2 over West Bay in Osterville,
Massachusetts. The special operating regulations formerly published at
33 CFR 117.78 were deleted in error. The bridge has not been operating
in accordance with the existing general regulations. This proposal
would correct the deletion error and publish the correct operating
regulations for the bridge.
DATES: Comments must be received on or before March 13, 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 room 628 at the same address between 6:30 a.m. and 3
p.m., Monday through Friday, except federal holidays. The telephone
number is (617) 223-8364. Comments will become part of this docket and
will be available for inspection or copying at the above address.
FOR FURTHER INFORMATION CONTACT:
John W. McDonald, Project Manager, Bridge Branch, (617) 223-8364.
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 (CGD01-94-104), 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 that
is not practical, a second copy of any bounded material is requested.
Persons desiring acknowledgement 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
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 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, Project Manager,
Bridge Branch, and Lieutenant Commander Samuel R. Watkins, Project
Counsel, District Legal Office.
Background and Purpose
The West Bay Bridge over West Bay in Osterville, Massachusetts has
a vertical clearance of 15' above mean high water (MHW) and 17' above
mean low water (MWL). Through an error, the special operating
regulations for this bridge were deleted from 33 CFR 117.78. Therefore,
the bridge is required to open on signal at all times under the general
drawbridge operating regulations. Regulations published in the Federal
Register of October 7, 1982 (47 FR 44258) read as follows:
(a) The draw shall open on signal from April 1 through October
31 on the following schedule:
(1) April 1 through June 14 and October 12 through October 31; 8
a.m. to 4 p.m.
(2) June 15 through June 30; 8 a.m. to 6 p.m.
(3) July 1 until Labor Day; 8 a.m. to 8 p.m.
(4) Labor Day through October 11; 8 a.m. to 5 p.m.
(5) For the remainder of this period the draw will open on
signal if 4 hours notice is given in advance.
(b) From November 1 through March 31 the draw shall open on
signal if a 24-hour notice is given in advance.
The bridge owner, the Massachusetts Highway Department (MHD), has
been operating the bridge in accordance with the deleted regulations on
an unofficial basis. The Coast Guard is proposing to publish
regulations that reinstate the operating hours of the bridge contained
in the erroneously deleted rule.
Discussion of Proposed Amendments
The MHD, after being advised of the deletion of the regulations
covering its West Bay Bridge, has requested that operating hours be
published to read as follows:
(a) The draw shall open or signal from April 1 through October
31 on the following schedule:
(1) From April 1 through June 14 and October 12 through October
31; 8 a.m. to 4 p.m.
(2) June 15 through June 30; 8 a.m. to 6 p.m.
(3) July 1 until Labor Day; 8 a.m. to 8 p.m.
(4) Labor Day through October 11; 8 a.m. to 5 p.m.
(5) At all other times from April 1 through October 31, the draw
shall open on signal if at least four (4) hours advance notice is
given by calling the number posted at the bridge.
(b) From November 1 through March 31, the draw shall open if at
least twenty-four (24) hours advance notice is given by calling the
number posted at the bridge.
The drawtenders will be on call to open the draw when the
advance notice is given.
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
[[Page 2563]] not prevent mariners from transiting the West Bay Bridge.
It will require only that mariners plan their transits.
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.
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 117.622 is added to read as follows:
Sec. 117.622 West Bay.
(a) The draw of the West Bay Bridge, in Osterville, Massachusetts,
shall open on signal from April 1 through October 31 on the following
schedule:
(1) From April 1 through June 14 and October 12 through October 31;
8 a.m. to 4 p.m.
(2) June 15 through June 30; 8 a.m. to 6 p.m.
(3) July 1 until Labor Day; 8 a.m. to 8 p.m.
(4) Labor Day through October 11; 8 a.m. to 5 p.m.
(5) At all other times from April 1 through October 31, the draw
shall open on signal if at least four (4) hours advance notice is given
by calling the number posted at the bridge.
(b) From November 1 through March 31, the draw shall open if at
least twenty-four (24) hours advance notice is given by calling the
number posted at the bridge.
(c) The owners of this bridge shall provide and keep in good
legible condition clearance gauges for each draw with figures not less
than 12 inches high designed, installed and maintained according to the
provisions of section 118.160 of this chapter.
Dated: December 29, 1994.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 95-565 Filed 1-9-95; 8:45 am]
BILLING CODE 4910-14-M
