[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]
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