[Federal Register Volume 60, Number 191 (Tuesday, October 3, 1995)]
[Rules and Regulations]
[Pages 51730-51732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24526]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD01-94-104]
RIN 2115 AE47


Drawbridge Operation Regulations; West Bay, Osterville, MA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard has changed the operating rules governing the 
West Bay Bridge at mile 1.2 over West Bay in Osterville, Massachusetts. 
The special operating rules formerly published at 33 CFR section 117.78 
were deleted in error. This final rule will correct the deletion error 
and publish the correct operating regulations for the bridge.

EFFECTIVE DATE: November 2, 1995.


[[Page 51731]]

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) 233-8364 
.

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 January 10, 1995 the Coast Guard published a notice of proposed 
rulemaking entitled ``Drawbridge Operation Regulations; West Bay, 
Osterville, Massachusetts'' in the Federal Register (60 FR 2562). The 
Coast Guard received no comments on the notice of proposed rules. No 
public hearing was requested, and none was held.

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 (MLM). Through an error, the special operating rules 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. Operating rules 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 though 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 has been operating in accordance with the deleted rules 
on an unofficial basis. The Coast Guard is publishing a final rule that 
will reinstate the operating hours of the bridge contained in the 
erroneously deleted rule.

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 West Bay 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 117.622 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.


[[Page 51732]]

    Dated: July 17, 1995.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 95-24526 Filed 10-2-95; 8:45 am]
BILLING CODE 4910-14-M