[Federal Register Volume 59, Number 186 (Tuesday, September 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23895]
[[Page Unknown]]
[Federal Register: September 27, 1994]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD01-94-110]
Drawbridge Operation Regulations; Fore River, 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 Qunicy Weymouth Bridge over the Fore River at mile 3.5
between Quincy and Weymouth, Massachusetts. This change will restrict
the exemption in the existing regulations which permits all commercial
vessels to obtain bridge openings during vehicular traffic rush hours.
This proposed regulation will permit bridge openings only for self-
propelled vessels greater than 10,000 gross tons during the two rush
hour periods. This change is expected to alleviate some of the traffic
congestion caused when the bridge opens during rush hour.
DATES: Comments must be received on or before November 28, 1994.
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. The comments and other
materials referenced in this notice will be available for inspection
and copying by appointment at the Captain John Foster Williams Federal
Building, Room 628, 408 Atlantic Avenue, Boston, Massachusetts. Normal
office hours are between 6:30 a.m. and 3 p.m., Monday through Friday,
except holidays. Comments may also be hand-delivered to this address.
FOR FURTHER INFORMATION CONTACT: William C. Heming, Bridge
Administrator, First Coast Guard District, (212) 668-7170.
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 (CGD01-94-110), specify the 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 not
practical, a second copy of any bounded material is requested. Persons
desiring acknowledgment that their comments have been received should
enclose a stamped self-addressed postcard or envelope.
The Coast Guard will consider all comments received during the
comment period and may change this proposal in light of the comments
received. The Coast Guard plans no public hearing. Persons may request
a public hearing by writing to the Commander (obr), First Coast Guard
District under ADDRESSES. The request should include reasons why a
hearing would be beneficial. If it 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, First Coast
Guard District Bridge Branch, Project Manager and Lieutenant Commander
F.J. Kenney, First Coast Guard District Legal Office, Project Counsel.
Background and Purpose
Requests have been received proposing a change to the present
operating regulations in 33 CFR 117.621 which state that the Quincy
Weymouth Bridge need not be opened from 6:30 a.m. to 9 a.m. and 4:30
p.m. to 6:30 p.m. Monday through Friday. However, commercial vessels
are exempt from the two vehicular rush hour closed periods in the
existing regulations and can have the bridge opened on signal at any
time. Traffic delays result whenever the draws open during the morning
and evening rush hours. This proposed rule will change the wording to
allow only tide dependent self-propelled vessels greater than 10,000
gross tons to obtain a bridge opening during the two rush hour closed
periods. By further limiting the number of rush hour openings, this
change to the regulations should provide relief from the traffic delays
created when the draws are opened during the two closed periods while
still meeting the needs of navigation.
Discussion of Proposed Amendments
The Quincy Weymouth Bridge over the Fore River between Quincy and
Weymouth has a vertical clearance of 33' above mean high water (MHW)
and 43' above mean low water (MLW). The channel depth is 35' at mean
low water. The pilots of the vessels greater than 10,000 gross tons
must transit through the bridge at or near the high tide for safety
reasons. The Fore River channel width, turns, cross currents and the
width of the bridge present a safety risk to the larger vessels.
transiting at high tide with a favorable current reduces the risk of
allisions and groundings.
The current regulations for the Quincy Weymouth Bridge are that the
draws need not be opened from 6:30 a.m. to 9 a.m. and 4:30 p.m. to 6:30
p.m. Monday through Friday except holidays observed in the locality.
Traffic delays during the rush hours were frequent due to the
commercial barge and tug traffic requesting bridge openings. The Coast
Guard held several meetings with local officials, CITGO Petroleum
Corporation, and marine interests to discuss safety issues, economic
impacts and possible solutions to the vehicular traffic problems in the
Quincy Weymouth area. A voluntary agreement resulted that allowed only
tide dependent, self-propelled vessels greater than 10,000 gross tons
to obtain bridge openings at any time including the rush hour periods.
This voluntary action has been successful in alleviating traffic delays
resulting from bridge openings during the rush hours. The Coast Guard
proposes to change the regulations to make permanent the voluntary
agreement, and will specifically state that only self-propelled vessels
greater than 10,000 gross tons may pass through the bridge during rush
hours. The existing rush hour time periods 6:30 a.m. to 9 a.m. and 4:30
p.m. to 6:30 p.m. stated in the existing regulations will be retained.
The provision in the existing regulations for the passage of public
vessels of the United States, state or municipal government vessels
through the draw at any time is now published at 33 CFR 117.31 as a
requirement for all bridges in the United States.
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. If
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 not prevent
the mariners from passing through the Quincy Weymouth Bridge but just
require mariners to plan their transits around the two closed periods
and the high tide.
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). The Coast Guard will accept comments on the economic
impact on small entities, in connection with this proposal for a
permanent change to the regulations where indicated under Addresses.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that this rule does not raise sufficient federalism implications to
warrant preparation of a federal assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that, under section 2.B.2.g(5) of Commandant Instruction
M16475.1B, this proposal is categorically excluded from further
environmental documentation. A Categorical Exclusion Determination
Statement has been prepared and placed in the rulemaking docket.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
In consideration of the foregoing, the Coast Guard proposes to
amend Part 117 of Title 33, Code of Federal Regulations, 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).
2. Section 117.621 is revised to read as follows:
Sec. 117.621 Fore River.
The draw of the SR3A bridge, mile 3.5 between Quincy Point and
North Weymouth, shall open on signal, except that:
(a) From 6:30 a.m. to 9 a.m. and 4:30 p.m. to 6:30 p.m. Monday
through Friday, except holidays observed in the locality, the draw need
not be opened.
(b) The draw shall open on signal at all times for self-propelled
vessels greater than 10,000 gross tons.
Dated: September 13, 1994.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 94-23895 Filed 9-26-94; 8:45 am]
BILLING CODE 4910-14-M
