Drawbridge Operation Regulations; Fore River, MA

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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