[Federal Register Volume 60, Number 39 (Tuesday, February 28, 1995)]
[Proposed Rules]
[Pages 10817-10819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4905]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD01-95-001]
RIN 2115-AE47


Drawbridge Operation Regulations; Lagoon Pond, Tisbury, 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 Lagoon Pond Bridge over Lagoon Pond at mile 0.0 in 
Tisbury, Massachusetts. The special operating regulations formerly 
published at 33 CFR 117.79 were deleted in error. The bridge has not 
been operating in accordance with the existing general regulations. 
This proposal is being considered to correct the deletion error and 
republish the operating regulations for the bridge.

DATES: Comments must be received on or before May 1, 1995.

ADDRESSES: Comments may be mailed to Commander (obr), First Coast Guard 
District, Captain John Foster Williams Federal Building, 408 Atlantic 
Ave., Boston, Massachusetts 02110-3350, or may 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. The comments will become part of this docket and will be 
available for inspection and copying by appointment at the above 
address.

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

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons 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 (CGD01-95-001), the specific 
section of the 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 no larger than 8\1/2\'' 
by 11'', suitable for copying and electronic filing. If that is not 
practical, a second copy of any bound material is requested. Persons 
desiring acknowledgment 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 
comment 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 W. McDonald, Project 
Officer, Bridge Branch, and Lieutenant [[Page 10818]] Commander Samuel 
R. Watkins. Project Counsel, District Legal Office.

Background and Purpose

    The Lagoon Pond Bridge over Lagoon Pond in Tisbury, Massachusetts, 
has a vertical clearance of 15' above mean high water (MHW) and 17' 
above mean low water (MLW). Through an error, the previous special 
operating regulations for this bridge were deleted from 33 CFR 117.79. 
Therefore, the bridge currently is required to open on signal at all 
times under the general operating regulations for drawbridges. 
Regulations published in the Federal Register of October 7, 1982 (47 FR 
44258) required that the draw:
    (a) Open on signal from September 16 through May 14 provided 24 
hours advance notice is given.
    (b) From May 15 through September 15, open on signal only from 8:15 
a.m. to 8:45 a.m., 10:15 a.m. to 11 a.m., 3:15 p.m. to 4 p.m., 5 p.m. 
to 5:45 p.m., and 7:30 p.m. to 8 p.m. Throughout the remainder of this 
period, the draw was required to open for the passage of vessels if 4 
(four) hours advance notice is given.
    (c) Open at any time for public vessels of the United States, any 
vessels of state or municipal governments used for public safety, and 
in case of emergency or during severe storm conditions.
    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 the Lagoon Pond Bridge, requested that operating hours for the 
bridge be published to read as follows:
    (a) The draw shall open on signal from May 15 through September 15, 
from 8:15 a.m. to 8:45 a.m., from 10:15 a.m. to 11 a.m., from 3:15 p.m. 
to 4 p.m., from 5 p.m. to 5:45 p.m., and from 7:30 p.m. to 8 p.m. At 
all other times the draw will open for the passage of vessels if at 
least four (4) hours advance notice is given by calling the number 
posted at the bridge.
    (b) The draw shall open on signal from September 16 through May 14, 
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 twelve (12) inches high designed, installed and maintained 
according to the provisions of Sec. 118.160 of this chapter.
    Under the proposed rule, Appendix A to Part 117 also will be 
amended to add the Lagoon Pond Bridge (under the Massachusetts 
subheading) to advise mariners that a marine radio is installed at the 
bridge for requesting openings.
    The public vessel/emergency opening provisions of the deleted rule 
will not be incorporated into the proposed new rule. Those provisions 
are now contained in 33 CFR 117.31, a general regulation applicable to 
all drawbridges.

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 of this 
proposal 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 transiting the Lagoon Pond 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 proposal if adopted, 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 fields and that otherwise 
qualify as ``small business concerns'' under section 3 of the Small 
Business Act (15 U.S.C. 632). For the reasons discussed in the 
Regulatory Evaluation above, the Coast Guard certifies under 5 U.S.C. 
605(b) that this proposal, if adopted, will not have a significant 
economic impact on a substantial number of small entities.

Collection of Information

    This proposal 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 under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this proposal 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 paragraph 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 117.600 is added to read as follows:


Sec. 117.600  Lagoon Pond.

    The draw of the Lagoon Pond Bridge, mile 0.0, in Tisbury, 
Massachusetts, shall operate as follows:
    (a) The draw shall open on signal from May 15 through September 15, 
from 8:15 a.m. to 8:45 a.m., from 10:15 a.m. to 11 a.m., from 3:15 p.m. 
to 4 p.m., from 5 p.m. to 5:45 p.m., and from 7:30 p.m. to 8 p.m. At 
all other times the draw will open from the passage of vessels if at 
least four (4) hours advance notice is given by calling the number 
posted at the bridge.
    (b) The draw shall open on signal from September 16 through May 14 
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 twelve (12) inches high designed, installed and maintained 
according to the provisions of Sec. 118.160 of this chapter.
    3. Appendix A to part 117 is amended by adding an entry in 
alphabetical order under the heading ``Massachusetts'' for Lagoon Pond 
to read as follows:

                                                                                                                
[[Page 10819]]                                                                                                  
                        Appendix A to Part 117--Drawbridges Equipped With Radiotelephones                       
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                                                                                         Calling       Working  
     Waterway         Mile        Location        Bridge name and owner    Call sign     channel       channel  
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        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Massachusetts.....                                                                                              
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Lagoon Pond.......      0.0  Tisbury...........  Lagoon Pond............          MHD           13           13 
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
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    Dated: January 11, 1995.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 95-4905 Filed 2-27-95; 8:45 am]
BILLING CODE 4910-14-M