[Federal Register Volume 60, Number 6 (Tuesday, January 10, 1995)]
[Proposed Rules]
[Pages 2562-2563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-565]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-94-104]
RIN 2115-AE47


Drawbridge Operation Regulations; West Bay, Osterville, MA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is considering a change to the regulations 
governing the West Bay Bridge at mile 1.2 over West Bay in Osterville, 
Massachusetts. The special operating regulations formerly published at 
33 CFR 117.78 were deleted in error. The bridge has not been operating 
in accordance with the existing general regulations. This proposal 
would correct the deletion error and publish the correct operating 
regulations for the bridge.

DATES: Comments must be received on or before March 13, 1995.

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. Comments may also be 
hand-delivered to room 628 at the same address between 6:30 a.m. and 3 
p.m., Monday through Friday, except federal holidays. The telephone 
number is (617) 223-8364. Comments will become part of this docket and 
will be available for inspection or copying at the above address.

FOR FURTHER INFORMATION CONTACT:
John W. McDonald, Project Manager, Bridge Branch, (617) 223-8364.

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 (CGD01-94-104), the specific 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 that 
is not practical, a second copy of any bounded material is requested. 
Persons desiring acknowledgement that their comments have been received 
should enclose a stamped, self-addressed post card or envelope.
    The Coast Guard will consider all comments received during the 
period, and may change this proposal in light of comments received. The 
Coast Guard plans no public hearing. Persons may request a public 
hearing by writing to Commander (obr), First Coast Guard District at 
the address listed under ADDRESSES. The request should include reasons 
why a hearing would be beneficial. If the Coast Guard 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, Project Manager, 
Bridge Branch, and Lieutenant Commander Samuel R. Watkins, Project 
Counsel, District Legal Office.

Background and Purpose

    The West Bay Bridge over West Bay in Osterville, Massachusetts has 
a vertical clearance of 15' above mean high water (MHW) and 17' above 
mean low water (MWL). Through an error, the special operating 
regulations for this bridge were deleted from 33 CFR 117.78. Therefore, 
the bridge is required to open on signal at all times under the general 
drawbridge operating regulations. Regulations published in the Federal 
Register of October 7, 1982 (47 FR 44258) read as follows:

    (a) The draw shall open on signal from April 1 through October 
31 on the following schedule:
    (1) April 1 through June 14 and October 12 through October 31; 8 
a.m. to 4 p.m.
    (2) June 15 through June 30; 8 a.m. to 6 p.m.
    (3) July 1 until Labor Day; 8 a.m. to 8 p.m.
    (4) Labor Day through October 11; 8 a.m. to 5 p.m.
    (5) For the remainder of this period the draw will open on 
signal if 4 hours notice is given in advance.
    (b) From November 1 through March 31 the draw shall open on 
signal if a 24-hour notice is given in advance.

    The bridge owner, the Massachusetts Highway Department (MHD), has 
been operating the bridge in accordance with the deleted regulations on 
an unofficial basis. The Coast Guard is proposing to publish 
regulations that reinstate the operating hours of the bridge contained 
in the erroneously deleted rule.

Discussion of Proposed Amendments

    The MHD, after being advised of the deletion of the regulations 
covering its West Bay Bridge, has requested that operating hours be 
published to read as follows:

    (a) The draw shall open or signal from April 1 through October 
31 on the following schedule:
    (1) From April 1 through June 14 and October 12 through October 
31; 8 a.m. to 4 p.m.
    (2) June 15 through June 30; 8 a.m. to 6 p.m.
    (3) July 1 until Labor Day; 8 a.m. to 8 p.m.
    (4) Labor Day through October 11; 8 a.m. to 5 p.m.
    (5) At all other times from April 1 through October 31, the draw 
shall open on signal if at least four (4) hours advance notice is 
given by calling the number posted at the bridge.
    (b) From November 1 through March 31, the draw shall open if at 
least twenty-four (24) hours advance notice is given by calling the 
number posted at the bridge.
    The drawtenders will be on call to open the draw when the 
advance notice is given.

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. 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 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 
[[Page 2563]] not prevent mariners from transiting the West Bay Bridge. 
It will require only that mariners plan their transits.

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). Because of the reasons discussed in the Regulatory 
Evaluation above, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this action, if adopted, will not have a significant economic impact on 
a substantial number of small entities.

Collection of Information

    This 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 proposal in accordance with the 
principles and criteria contained in Executive Order 12612, and it has 
been determined that this proposed regulation does not have sufficient 
federalism implications to warrant preparation of a Federalism 
Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that, under section 2.B.2.e.(32)(e) of 
Commandant Instruction M16475.1B, this proposal 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 proposes 
to amend 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 117.622 is added to read as follows:


Sec. 117.622  West Bay.

    (a) The draw of the West Bay Bridge, in Osterville, Massachusetts, 
shall open on signal from April 1 through October 31 on the following 
schedule:
    (1) From April 1 through June 14 and October 12 through October 31; 
8 a.m. to 4 p.m.
    (2) June 15 through June 30; 8 a.m. to 6 p.m.
    (3) July 1 until Labor Day; 8 a.m. to 8 p.m.
    (4) Labor Day through October 11; 8 a.m. to 5 p.m.
    (5) At all other times from April 1 through October 31, the draw 
shall open on signal if at least four (4) hours advance notice is given 
by calling the number posted at the bridge.
    (b) From November 1 through March 31, the draw shall open if at 
least twenty-four (24) hours advance notice is given by calling the 
number posted at the bridge.
    (c) The owners of this bridge shall provide and keep in good 
legible condition clearance gauges for each draw with figures not less 
than 12 inches high designed, installed and maintained according to the 
provisions of section 118.160 of this chapter.

    Dated: December 29, 1994.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 95-565 Filed 1-9-95; 8:45 am]
BILLING CODE 4910-14-M