[Federal Register Volume 66, Number 90 (Wednesday, May 9, 2001)]
[Proposed Rules]
[Pages 23638-23640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11716]


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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-01-038]
RIN 2115-AE47


Drawbridge Operation Regulations; West Bay, MA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to change the drawbridge operating 
regulations for the West Bay Bridge, at mile 1.2, across West Bay in 
Osterville, Massachusetts. This proposed rule would allow the bridge 
owner to increase the advance notice requirement for April and extend 
the evening operating hours at the bridge during the boating season. 
This action is expected to better meet the present needs of navigation.

DATES: Comments must reach the Coast Guard on or before July 9, 2001.

ADDRESSES: You may mail comments to Commander (obr), First Coast Guard

[[Page 23639]]

District, Bridge Branch, at 408 Atlantic Avenue, Boston, MA. 02110-
3350, or deliver them to the same address between 7 a.m. and 3 p.m., 
Monday through Friday, except Federal holidays. The telephone number is 
(617) 223-8364. The First Coast Guard District, Bridge Branch, 
maintains the public docket for this rulemaking. Comments and material 
received from the public, as well as documents indicated in this 
preamble as being available in the docket, will become part of this 
docket and will be available for inspection or copying at the First 
Coast Guard District, Bridge Branch, 7 a.m. to 3 p.m., Monday through 
Friday, except, Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. John McDonald, Project Officer, 
First Coast Guard District, (617) 223-8364.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments or related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD01-01-
038), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know if 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the First Coast Guard District, 
Bridge Branch, at the address under ADDRESSES explaining why one would 
be beneficial. If we determine that one would aid this rulemaking, we 
will hold one at a time and place announced by a later notice in the 
Federal Register.

Background and Purpose

    The West Bay Bridge has a vertical clearance of 15 feet at mean 
high water and 17 feet at mean low water.
    The existing regulations for the bridge listed at 33 CFR 117.622, 
require the bridge to open on signal, April 1 through October 31, as 
follows:
    (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 through Labor Day; 8 a.m. to 8 p.m.
    (4) Labor Day through October 11; 8 a.m. to 5 p.m.
    At all other times from April 1 through October 31, the draw opens 
on signal if at least four hours advance notice is given. From November 
1 through March 31, the draw opens on signal if at least twenty-four 
hours advance notice is given.
    The bridge owner, the Town of Barnstable, asked the Coast Guard to 
change the drawbridge operation regulations to allow the bridge to open 
on signal, from April 1 through April 30 if at least a twenty-four 
hours advance notice is given by calling the number posted at the 
bridge.
    The bridge was authorized to remain closed for repairs in April for 
the last two years. The number of bridge openings in April for the last 
five years are as follows:

----------------------------------------------------------------------------------------------------------------
       1995               1996               1997               1998               1999               2000
----------------------------------------------------------------------------------------------------------------
            54                 46                 45                 70                  0                  0
----------------------------------------------------------------------------------------------------------------

    In return for the advance notice requirement at all times in April, 
the bridge owner would crew the bridge two to three hours later at 
night during the boating season.
    The bridge owner voluntarily expanded on signal service during the 
summer of 1999 and 2000, by extending the operating hours at the bridge 
at night. This was possible as a result of the cost savings derived 
from not crewing the bridge, 8 a.m. to 4 p.m., during the month of 
April while it was closed for repairs.
    The bridge owner held a town meeting on January 25, 2001, in 
Osterville, Massachusetts, to receive verbal and written comment 
regarding this proposed change to the drawbridge operation regulations. 
The bridge has essentially operated for the past two years in 
accordance with the operating hours included in this proposed rule. The 
proposed changes were fully supported by the local attendees at the 
special town meeting. Attendees at the meeting included the local 
marina operators, mariners and citizens of Osterville. Mariners can 
reach open water when the West Bay Bridge is not crewed by navigating 
through Cotuit.

Discussion of Proposal

    This proposed rule would require the West Bay Bridge, mile 1.2, 
across West Bay in Osterville, Massachusetts, to operate as follows:
    (1) From November 1 through April 30, the draw would open on signal 
if at least a twenty-four hours advance notice is given.
    (2) From May 1 through June 15, the draw would open on signal from 
8 a.m. to 6 p.m.
    (3) From June 16 through September 30, the draw would open on 
signal from 7 a.m. to 9 p.m.
    (4) From October 1 through October 31, the draw would open on 
signal from 8 a.m. to 6 p.m.
    (5) At all other times from May 1 through October 31, the draw 
would open on signal if at least a four-hour advance notice is given by 
calling the number posted at the bridge.
    The increase in the advance notice requirement from four-hours to 
twenty-four hours during April should assist the bridge owner in cost 
savings while the additional hours the bridge is crewed May through 
September should benefit the mariners and better meet the needs of 
navigation. The Coast Guard believes this proposed rule is reasonable 
and will meet the present needs of navigation.
    Paragraph (c) in the existing regulations would be removed by this 
proposed rule because it is now listed at 33 CFR 117.31.

Regulatory Evaluation

    This proposed 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 6(a)(3) of that Order. 
The Office of Management and Budget has not reviewed it under that 
Order. It is not significant under the regulatory policies and 
procedures of the Department of Transportation (DOT) (44 FR 11040, Feb. 
26, 1979).
    We expect the economic impact of this proposed 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 bridge will open at all times 
for the passage of vessel traffic.

[[Page 23640]]

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The Coast Guard certifies under section 5 U.S.C. 605(b), that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities. This conclusion is based upon the 
fact that the bridge will open at all times for the passage of vessel 
traffic.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    We have analyzed this proposed rule under Executive Order 13132 and 
have determined that this rule does not have implications for 
federalism under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and does not 
concern an environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    We considered the environmental impact of this proposed rule and 
concluded that, under figure 2-1, paragraph (32)(e), of Commandant 
Instruction M16475.1C, this proposed rule is categorically excluded 
from further environmental documentation because promulgation of 
drawbridge regulations have been found not to have a significant effect 
on the environment. A written ``Categorical Exclusion Determination'' 
is not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    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 revised to read as follows:


Sec. 117.622  West Bay.

    The draw of the West Bay Bridge, mile 1.2, at Osterville, shall 
operate as follows:
    (a) From November 1 through April 30, the draw shall open on signal 
if at least a twenty-four hours advance notice is given.
    (b)(1) From May 1 through June 15, the draw shall open on signal 
from 8 a.m. to 6 p.m.
    (2) From June 16 through September 30, the draw shall open on 
signal from 7 a.m. to 9 p.m.
    (3) From October 1 through October 31, the draw shall open on 
signal from 8 a.m. to 6 p.m.
    (4) At all other times from May 1 through October 31, the draw 
shall open on signal if at least a four-hours advance notice is given 
by calling the number posted at the bridge.

    Dated: April 26, 2001.
G.N. Naccara,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 01-11716 Filed 5-8-01; 8:45 am]
BILLING CODE 4910-15-P