[Federal Register Volume 60, Number 7 (Wednesday, January 11, 1995)]
[Rules and Regulations]
[Pages 2687-2688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-564]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD01-94-159]
RIN 2115-AE47
Drawbridge Operation Regulations; Fore River, MA
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard has changed the regulations governing the
Quincy Weymouth SR3A Bridge over the Fore River at mile 3.5 between
Quincy Point and North Weymouth, Massachusetts. This final rule changes
the exemption in the regulations which had allowed any commercial
vessel to obtain a bridge opening during the two vehicular traffic rush
hour periods. This final rule will require the bridge to open only for
self-propelled vessels greater than 10,000 gross tons during the two
rush hour periods. This change to the regulations is expected to
alleviate some of the traffic congestion caused when the bridge opens
during rush hour.
EFFECTIVE DATE: February 10, 1995.
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) 223-
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 September 27, 1994, the Coast Guard published a notice of
proposed rulemaking entitled ``Drawbridge Operation Regulations; Fore
River, Massachusetts'' in the Federal Register (59 FR 49228). The Coast
Guard received three letters commenting on the proposal. No public
hearing was requested, and none was held.
Background and Purpose
The Coast Guard received requests from state and local officials to
change the operating regulations listed 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 from 4:30 p.m. to 6:30 p.m., Monday through Friday. However,
commercial vessels were exempt from these two vehicular rush hour
closed periods and could have the bridge opened on signal at any time.
Traffic delays resulted whenever the bridge opened during the morning
and evening rush hours.
This final rule will change the wording to allow only self-
propelled vessels greater than 10,000 gross tons to obtain a bridge
opening during the two rush hour periods. By further limiting the
number of rush hour openings, this change to the regulations should
provide relief from traffic delays.
Discussion of Comments and Changes
Three comment letters were received by the Coast Guard in response
to the publication of the notice of proposed rulemaking. Two letters
were in favor of the proposed change to the regulations. One letter
urged that the existing regulations be retained. 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
final 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 the regulation
will not prevent mariners from passing through the Quincy Weymouth
Bridge, but will only require mariners to plan their transits around
the two closed periods.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this final 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
[[Page 2688]]
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 final rule will not have a significant economic
impact on a substantial number of small entities.
Collection of Information
This final 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 final rule under the principles
and criteria contained in Executive Order 12612 and has determined that
this final rule does not have sufficient federalism implications to
warrant preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this final
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 117.621 is revised to read as follows:
Sec. 117.621 Fore River.
The draw of the Quincy Weymouth SR3A bridge, mile 3.5 between
Quincy Point and North Weymouth, Massachusetts, shall open on signal,
except that:
(a) From 6:30 a.m. to 9 a.m. and from 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: December 30, 1994.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 95-564 Filed 1-10-95; 8:45 am]
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