Drawbridge Operation Regulations; Fore River, MA

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]

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