[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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