[Federal Register Volume 66, Number 173 (Thursday, September 6, 2001)]
[Rules and Regulations]
[Pages 46523-46525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22394]


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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: Final rule.

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SUMMARY: The Coast Guard is changing the drawbridge operating 
regulations for the West Bay Bridge, at mile 1.2, across West Bay in 
Osterville, Massachusetts. This final rule will 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: This rule is effective October 9, 2001.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket (CGD01-01-038) and are available for inspection or 
copying at the First Coast Guard District, Bridge Branch Office, 408 
Atlantic Avenue, Boston, Massachusetts, 02110, 7 a.m. to 3 p.m., Monday 
through Friday, except Federal holidays.

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

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On May 9, 2001, we published a notice of proposed rulemaking (NPRM) 
entitled Drawbridge Operation Regulations; West Bay, Massachusetts, in 
the Federal Register (66 FR 23638). We received no comment letters in 
response to the notice of proposed rulemaking. No public hearing was 
requested and none was held.

Background and Purpose

    The West Bay Bridge, mile 1.2, across West Bay 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.
    (5) At all other times from April 1 through October 31, the draw 
shall open on signal if at least four-hours advance notice is given.
    (6) From November 1 through March 31, the draw shall open 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

[[Page 46524]]

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 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 Comments and Changes

    The Coast Guard received no comment letters. No changes will be 
made to this final rule.

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. 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; February 26, 
1979). This conclusion is based on the fact that the bridge will open 
at all times for vessel traffic.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612) we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. ``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 less than 50,000.
    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. This conclusion is based on the fact that the bridge will 
open at all times for vessel traffic.

Collection of Information

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

Federalism

    We have analyzed this 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 unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under E.O. 12630, Governmental Actions and 
Interference with Constitutionally Protected Property Rights

Civil Justice Reform

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

Protection of Children

    We have analyzed this rule under E.O. 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

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

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR part 117 as follows:

[[Page 46525]]

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:
    (1) From November 1 through April 30, the draw shall open on signal 
if at least a twenty-four hours advance notice is given.
    (2) From May 1 through June 15, the draw shall open on signal from 
8 a.m. to 6 p.m.
    (3) From June 16 through September 30, the draw shall open on 
signal from 7 a.m. to 9 p.m.
    (4) From October 1 through October 31, the draw shall open on 
signal from 8 a.m. to 6 p.m.
    (5) 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: August 17, 2001.
G.N. Naccara,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 01-22394 Filed 9-5-01; 8:45 am]
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