[Federal Register Volume 65, Number 119 (Tuesday, June 20, 2000)]
[Rules and Regulations]
[Pages 38205-38207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15216]


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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]
BILLING CODE 4910-15-U