[Federal Register Volume 60, Number 191 (Tuesday, October 3, 1995)]
[Rules and Regulations]
[Pages 51728-51729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24522]



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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: Final rule.

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SUMMARY: The Coast Guard has changed the operating rules governing the 
Lagoon Pond Bridge over Lagoon Pond at mile 0.0 in Tisbury, 
Massachusetts. The operating rules formerly published at 33 CFR section 
117.79 were deleted in error. This final rule will correct the deletion 
error and publish the operating regulations for the bridge.

EFFECTIVE DATE: November 2, 1995.

ADDRESSES: 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 February 28, 1995, the Coast Guard published a notice of 
proposed rulemaking entitled ``Drawbridge Operation Regulations; Lagoon 
Pond, Tisbury, Massachusetts'' in the Federal Register (60 FR 10817). 
The Coast Guard received no comments on the notice of proposed 
rulemaking. No public hearing was requested, and none was held.

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 section 
117.79. Therefore, the bridge currently is required to open on signal 
at all times under general 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 September 16 through May 14 
provided 24 hours advance notice is given.
    (b) From May 15 through September 15, the draw will 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 will open for the passage of vessels 
if 4 (four) hours advance notice is given.
    (c) The draw shall 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 changing the regulations to 
reinstate the operating hours of the bridge contained in the 
erroneously deleted rule.

[[Page 51729]]


Discussion of Comments and Changes

    No comments were received on the notice of proposed rulemaking. 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 
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 this rule will 
not prevent mariners from passing through the Lagoon Pond Bridge, but 
will only require mariners to plan their transits.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this 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 
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 rule 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 rule under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this rule does not have sufficient federalism implications to warrant 
preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this 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 117.600 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 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 a 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 section 118.160 of this chapter.

Appendix to Part 117--[Amended]

    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:

                                           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: July 5, 1995.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 95-24522 Filed 10-2-95; 8:45 am]
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