65FR38205 Drawbridge Operation Regulations: Acushnet River, Annisqualm River, Fore River and Taunton River, MA.
robop...@us.govnews.org
Posting-number: Volume 65, Issue 119, Page 38205
[Federal Register: June 20, 2000 (Volume 65, Number 119)]
[Rules and Regulations]
[Page 38205-38207]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jn00-10]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD01-00-135]
RIN 2115-AE47
Drawbridge Operation Regulations: Acushnet River, Annisqualm
River, Fore River and Taunton River, MA.
AGENCY: Coast Guard, DOT.
ACTION: Direct final rule.
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SUMMARY: The Coast Guard is changing the drawbridge operation
regulations governing four bridges: the New Bedford Fairhaven (SR6)
Bridge, mile 0.0, across the Acushnet River between New Bedford and
Fairhaven; the Blynman (SR127) Bridge, mile 0.0, across the Annisqualm
River at Gloucester; the Quincy Weymouth (SR3A) Bridge, mile 3.5,
across the Fore River between Quincy and Weymouth; and the Brightman
Street Bridge, mile 1.8, across the Taunton River between Somerset and
Fall River, all in Massachusetts. This rule will require these bridges
to open on signal if at least a two-hour notice is given from 6 p.m. on
December 24 to midnight on December 25 and from 6 p.m. on December 31
to midnight on January 1.
A two-hour advance notice for bridge openings is expected to
relieve the bridge owner from crewing these bridges during the holidays
and still meet the needs of navigation.
DATES: This rule is effective November 10, 2000, unless a written
adverse comment, or written notice of intent to submit an adverse
comment, reaches the Coast Guard on or before September 10, 2000. If an
adverse comment, or notice of intent to submit an adverse comment, is
received, the Coast Guard will withdraw this direct final rule and
publish a timely notice of withdrawal in the Federal Register.
ADDRESSES: You may mail comments and related material to the Commander
(obr), First Coast Guard District, 408 Atlantic Avenue, Boston,
Massachusetts 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 Office between 7 a.m. and 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:
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 (CGD01-00-
135), 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 rule in view of them.
Regulatory Information
The Coast Guard is publishing a direct final rule, the procedures
of which are outlined in 33 CFR 1.05-55, because no adverse comment is
anticipated. If no adverse comment or written notice of intent to
submit an adverse comment is received within the specified comment
period, this rule will become effective as stated in the DATES section.
In that case, approximately 30 days before the effective date, the
Coast Guard will publish a document in the Federal Register stating
that no adverse comment was received and confirming that this rule will
become effective as scheduled. However, if the Coast Guard receives a
written adverse comment or written notice of intent to submit an
adverse comment, the Coast Guard will publish a document in the Federal
Register announcing withdrawal of all or part of this direct final
rule. If an adverse comment only applies to only part of this rule and
it is possible to remove that part without defeating the purpose of
this rule, the Coast Guard
[[Page 38206]]
may adopt as final those parts of this rule on which no adverse comment
was received. The part of this rule that was the subject of an adverse
comment will be withdrawn. If the Coast Guard decides to proceed with a
rulemaking following receipt of an adverse comment, the Coast Guard
will publish a separate Notice of Proposed Rulemaking (NPRM) and
provide a new opportunity for comment.
A comment is considered ``adverse'' if the comment explains why
this rule would be inappropriate, including a challenge to the rule's
underlying premise or approach, or would be ineffective or unacceptable
without a change.
Background and Purpose
This rule amends bridge regulations governing the operation of the
following bridges:
New Bedford Fairhaven (SR6) Bridge
The New Bedford Fairhaven (SR6) Bridge has a vertical clearance of
8 feet at mean high water and 12 feet at mean low water. The existing
operating regulations at 33 CFR 117.585 require the bridge to open on
the hour between 6 a.m. and 10 a.m. inclusive; open at quarter past the
hour from 11:15 a.m. to 6:15 p.m. inclusive; open on signal at all
other times. The draw shall be opened at any time for vessels whose
draft exceeds 15 feet.
Blynman (SR127) Bridge
The Blynman (SR127) Bridge has a vertical clearance of 7 feet at
mean high water and 16 feet at mean low water. The existing operating
regulations require the bridge to open on signal at all times.
Quincy Weymouth (SR3A) Bridge
The Quincy Weymouth (SR3A) Bridge has a vertical clearance of 33
feet at mean high water and 43 feet at mean low water. The existing
operating regulations at 33 CFR 117.621 require the bridge to open on
signal, except that; from 6:30 a.m. to 9 a.m. and 4:30 p.m. to 6:30
p.m., Monday through Friday, except holidays, the draw need not be
opened. The bridge opens at all times for self-propelled vessels
greater than 10,000 gross tons.
Brightman Street Bridge
The Brightman Street Bridge has a vertical clearance of 27 feet at
mean high water and 31 feet at mean low water. The existing operating
regulations at 33 CFR 117.619 require the bridge to open on signal,
except that; from November 1 through March 31, between 6 p.m. and 6
a.m., the bridge shall open if at least a one-hour notice is given,
from 6 p.m. to midnight on December 24 and all day on December 25 and
January 1, the bridge shall open if at least a two-hour advance notice
is given.
The bridge owner, Massachusetts Highway Department (MHD), asked the
Coast Guard to change the operating regulations to allow these bridges
to open on signal if at least a two-hour notice is given from 6 p.m. on
Christmas Eve to midnight on Christmas Day and from 6 p.m. on New
Year's Eve to midnight on New Year's Day. There have been few requests
to open these bridges on these holidays in past years.
In addition, the Coast Guard published a notice of temporary
deviation with request for comments on December 1, 1999, to test the
requested change. No comments were received in response to that notice.
Discussion of Rule
This direct final rule will revise existing bridge regulations or
add new regulations as follows:
New Bedford Fairhaven (SR6) Bridge
Revise section 33 CFR 117.585(d) to require that from 6 p.m on
December 24 to midnight on December 25 and from 6 p.m. on December 31
to midnight on January 1, the draw shall open on signal after a two-
hour notice is given by calling the number posted at the bridge. The
requirement that the bridge owner shall post the operating regulations
will be removed because it is now listed under 33 CFR 117.55 of this
chapter.
Blynman (SR127) Bridge
Add section 33 CFR 117.586 for the Annisqualm River and Blynman
Canal to require the draw to open on signal; except that, from 6 p.m.
on December 24 to midnight on December 25 and from 6 p.m. on December
31 to midnight on January 1, the draw shall open on signal if at least
a two-hour notice is given by calling the number posted at the bridge.
Quincy Weymouth (SR3A) Bridge
Add paragraph (c) in section 33 CFR 117.621 to require that from 6
p.m. on December 24 to midnight on December 25 and from 6 p.m. on
December 31 to midnight on January 1, the draw shall open on signal if
at least a two-hour notice is given by calling the number posted at the
bridge.
Brightman Street Bridge
Revise section 33 CFR 117.619(b) to require the draw of the
Brightman Street Bridge between Somerset and Fall River to open on
signal; except that, from November 1 through March 31, between 6 p.m.
and 6 a.m. daily, the draw shall open on signal if at least a one-hour
notice is given. From 6 p.m. on December 24 to midnight on December 25
and from 6 p.m. on December 31 to midnight on January 1, the draw shall
open on signal if at least a two-hour notice is given by calling the
number posted at the bridge.
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 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 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 upon the fact that the bridges will still open on signal after a
two-hour notice is given and that there have been few requests to open
these bridges on the holidays.
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. 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), for
reasons discussed in the Regulatory Evaluation section above, that this
rule would not have a significant economic impact on a substantial
number of small entities. This conclusion is based upon the fact that
the bridges will still open on signal after a two-hour notice is given
and that there have been few requests to open these bridges on the
holidays.
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.
[[Page 38207]]
Collection of Information
This 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 rule under E.O. 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 rule would not impose an unfunded mandate.
Taking of Private Property
This rule would 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
We 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 drawbridge
regulations have been found not to have a significant effect on the
environment. A ``Categorical Exclusion Determination'' is available in
the docket where indicated under ADDRESSES.
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:
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 117.585(d) is revised to read as follows:
Sec. 117.585 Acushnet River
* * * * *
(d) From 6 p.m. on December 24 to midnight on December 25 and from
6 p.m. on December 31 to midnight on January 1, the draw shall open on
signal if at least a two-hour notice is given by calling the number
posted at the bridge.
3. Section 117.586 is added to read as follows:
Sec. 117.586 Annisqualm River and Blynman Canal
The draw of the Blynman (SR127) Bridge shall open on signal; except
that, from 6 p.m. on December 24 to midnight on December 25 and from 6
p.m. on December 31 to midnight on January 1, the draw shall open on
signal if at least a two-hour notice is given by calling the number
posted at the bridge.
4. In Sec. 117.621 paragraph (c) is added to read as follows:
Sec. 117.621 Fore River
* * * * *
(c) From 6 p.m. on December 24 to midnight on December 25 and from
6 p.m. on December 31 to midnight on January 1, the draw shall open on
signal if at least a two-hour notice is given by calling the number
posted at the bridge.
5. Section 117.619(b) is revised to read as follows:
Sec. 117.619 Taunton River
* * * * *
(b) The draw of the Brightman Street Bridge between Somerset and
Fall River shall open on signal; except that, from November 1 through
March 31, between 6 p.m. and 6 a.m. daily, the draw shall open if at
least a one-hour notice is given. From 6 p.m. on December 24 to
midnight on December 25 and from 6 p.m. on December 31 to midnight on
January 1, the draw shall open on signal if at least a two-hour notice
is given by calling the number posted at the bridge.
* * * * *
Dated: June 5 2000.
G.N. Naccara,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 00-15216 Filed 6-19-00; 8:45 am]
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