[Federal Register Volume 60, Number 191 (Tuesday, October 3, 1995)]
[Rules and Regulations]
[Pages 51730-51732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24526]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117
[CGD01-94-104]
RIN 2115 AE47
Drawbridge Operation Regulations; West Bay, Osterville, MA
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard has changed the operating rules governing the
West Bay Bridge at mile 1.2 over West Bay in Osterville, Massachusetts.
The special operating rules formerly published at 33 CFR section 117.78
were deleted in error. This final rule will correct the deletion error
and publish the correct operating regulations for the bridge.
EFFECTIVE DATE: November 2, 1995.
[[Page 51731]]
ADDRESSES: Unless otherwise indicated, documents referred to in this
preamble are available for copying and inspection at the First Coast
Guard District, Bridge Branch office located in the Captain John Foster
Williams Federal Building, 408 Atlantic Ave., Boston, Massachusetts
02110-3350, room 628, between 6:30 a.m. and 3 p.m., Monday through
Friday, except federal holidays. The telephone number is (617) 233-8364
.
FOR FURTHER INFORMATION CONTACT:
John W. McDonald, Project Manager, Bridge Branch, (617) 223-8364.
SUPPLEMENTARY INFORMATION:
Drafting Information
The principal persons involved in drafting this final rule are Mr.
John W. McDonald, Project Officer, Bridge Branch, and Lieutenant
Commander Samuel R. Watkins, Project Counsel, District Legal Office.
Regulatory History
On January 10, 1995 the Coast Guard published a notice of proposed
rulemaking entitled ``Drawbridge Operation Regulations; West Bay,
Osterville, Massachusetts'' in the Federal Register (60 FR 2562). The
Coast Guard received no comments on the notice of proposed rules. No
public hearing was requested, and none was held.
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 (MLM). Through an error, the special operating rules 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. Operating rules 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 though 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 has been operating in accordance with the deleted rules
on an unofficial basis. The Coast Guard is publishing a final rule that
will reinstate the operating hours of the bridge contained in the
erroneously deleted rule.
Discussion of Comments and Changes
No comments were received on the notice of proposed rulemaking. No
changes to the proposed rule have been made.
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. 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 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 rule will
not prevent mariners from passing through the West Bay Bridge, but will
only require mariners to plan their transits.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this rule will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' may include (1) small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000. Because of the reasons discussed in
the Regulatory Evaluation above, 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.
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 rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this rule does not have sufficient federalism implications to warrant
preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that, under paragraph 2.B.2.e.(32)(e) of Commandant
Instruction M16475.1B, this rule 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 is
amending 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.
[[Page 51732]]
Dated: July 17, 1995.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 95-24526 Filed 10-2-95; 8:45 am]
BILLING CODE 4910-14-M
