[Federal Register Volume 60, Number 108 (Tuesday, June 6, 1995)]
[Rules and Regulations]
[Pages 29760-29761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13775]
[[Page 29760]]
DEPARTMENT OF TRANSPORTATION
33 CFR Part 117
[CGD01-95-008]
RIN 2115-AE47
Drawbridge Operation Regulations; Apponagansett River, MA
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the rules governing opening of the
Padanaram Bridge at mile 1.0 over the Apponagansett River in Dartmouth,
Massachusetts. This final rule will allow the Padanaram Bridge to open
on signal from 1 May through 31 October, once an hour on the hour,
between 9 a.m. and 8 p.m. instead of twice an hour on the hour and half
hour. This change should help relieve traffic congestion created when
the bridge opens and still provide for the needs of navigation.
EFFECTIVE DATE: June 1, 1995.
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) 223-
8364.
FOR FURTHER INFORMATION CONTACT: Gary Kassof, Bridge Administrator,
First Coast Guard District (212) 668-7170.
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
Prior to this rule, this bridge has been the subject of three
deviations from its operating regulations. The first deviation for 60
days was published in the Federal Register at 58 FR 38056; July 15,
1993. The second deviation for 32 days was published in the Federal
Register at 58 FR 47067; September 7, 1993. The third deviation for 90
days was published in the Federal Register at 59 FR 31931; June 21,
1994.
On February 8, 1995 the Coast Guard published a notice of proposed
rulemaking entitled ``Drawbridge Operation Regulations; Apponagansett
River, Massachusetts'' in the Federal Register 60 FR 10815. The Coast
Guard received one letter commenting on the proposal. No public hearing
was requested, and none was held.
Background and Purpose
The Padanaram Bridge over the Apponagansett River between Dartmouth
and South Dartmouth has a vertical clearance of 9' above mean high
water (MHW) and 12' above mean low water (MLW).
The current operating regulations require that the bridge open on
signal on the hour and half hour, 5 a.m. to 9 p.m., 1 May through 31
October. At all other times at least six hours advance notice must be
given.
In the spring of 1993, the Town of Dartmouth requested a change
from the operating regulations to permit opening once an hour rather
than twice an hour. The town selectmen felt that the traffic congestion
during peak summer months was a result of the bridge opening every 30
minutes and was causing village commerce to suffer. The selectmen also
considered the 30 minute opening schedule a serious risk to public
safety because emergency vehicles could not travel to and from South
Dartmouth during the traffic delays caused by the bridge opening every
half hour. The Town of Dartmouth requested that the bridge be required
to open only once an hour between 5 a.m. and 9 p.m. for a test period
of 60 days to evaluate the effects on vehicular and marine traffic.
This request was approved and the first deviation from the permanent
regulations was effective from July 1, 1993, through August 29, 1993,
and was published in the Federal Register at 58 FR 38056; July 15,
1993. It provided an opportunity to evaluate the effects of the hourly
openings on marine and vehicular traffic. The Coast Guard implemented a
second deviation for 32 days to evaluate a different alternative
opening time period for the Padanaram Bridge. This deviation also was
published in the Federal Register at 58 FR 47067; September 7, 1993.
The second deviation added two time periods when the bridge could still
open on the hour and half hour: between 5 a.m. and 9 a.m. and between 8
p.m. and 9 p.m. The Coast Guard received 29 letters commenting on the
two deviations. Twenty were in favor of the hourly openings and nine
were opposed to the change. Most of the letters in opposition indicated
that the lack of facilities to tie up vessels while waiting for
openings was a main concern. The Town of Dartmouth installed traffic
signals, automatic traffic gates, navigational lights and clearance
gauges after the two deviation periods expired.
The Coast Guard authorized a third deviation for a period of 90
days to evaluate the effects of the above improvements to the bridge.
This third deviation was effective from June 3, 1994 through August 31,
1994. It allowed the Padanaram Bridge to open on signal on the hour and
half hour between 5 a.m. to 9 a.m. and between 8 p.m. and 9 p.m. and
once an hour on the hour between 9 a.m. and 8 p.m. The Coast Guard
received two letters commenting on the third deviation. One letter
favored the hourly openings and one letter was opposed to the hourly
openings. The entire regulation is being revised for clarity and to
remove paragraph (a)(1) which provides for openings for public vessels,
vessels used for safety, and vessels in distress. This requirement is
now provided under 33 CFR 117.31 as a general operating regulation for
all bridges.
The bridge owner will be required by this rule to maintain
clearance gauges at the bridge to assist mariners during times that the
bridge is not crewed and to reduce unnecessary openings.
The bridge owners will also be required, as a result of comments
from mariners, to maintain mooring facilities for vessels to make fast
while waiting for bridge openings.
Discussion of Comments and Changes
One comment letter was received in opposition to the proposed rule;
however, a petition was submitted to the Coast Guard with hundreds of
names and signatures all in favor of the change to the regulations. No
changes to the proposed rule have been made.
In order to allow the bridge to begin the new operating hours for
the summer season, the Coast Guard is making this rule effective on
June 1, 1995 and under 5 USC Sec. 553(d)(3), in the interest of public
safety and to provide relief from the traffic delays that occur during
the summer season this rule may be made effective in less than 30 days
after publication. Traffic delays could impede emergency vehicles from
traveling between Dartmouth and South Dartmouth during the tourist
season.
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 [[Page 29761]] expects the economic
impact of this final 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 regulation will not prevent mariners from passing through the
Padanaram 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 final 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 final rule will not have a significant economic
impact on a substantial number of small entities.
Collection of Information
This final 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 final rule under the principles
and criteria contained in Executive Order 12612 and has determined that
this final rule does not have sufficient federalism implications to
warrant preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this final
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 117.587 is revised to read as follows:
Sec. 117.587 Apponagansett River.
(a) The draw of the Padanaram Bridge mile 1.0 shall open on signal
1 May through 31 October from 5 a.m. to 9 p.m. daily as follows:
(1) The bridge shall open on signal, twice an hour, on the hour and
the half hour between 5 a.m. and 9 a.m. and between 8 p.m. and 9 p.m.
(2) The bridge shall open on signal, once an hour, on the hour
between 9 a.m. and 8 p.m.
(b) At all other times the bridge shall open if at least four (4)
hours advance notice is given.
(c) The owners of this bridge shall provide and maintain mooring
facilities for vessels to make fast while waiting for the bridge to
open.
(d) The owners of this bridge shall provide and keep in good
legible condition, clearance gauges for each draw with figures not less
than twelve (12) inches high designed, installed and maintained
according to the provisions of section 118.160 of this chapter.
3. Appendix A to Part 117 is amended to add the Apponagansett River
entry under the State of Massachusetts subheading to read as follows:
Appendix A to Part 117--Drawbridges Equipped With Radiotelephones
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Call Calling Working
Waterway Mile Location Bridge name and owner sign channel channel
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* * * * * *
Massachusetts
* * * * * *
*
Apponagansett River
1.0 Dartmouth....... ...... ........ Pandanaram, Dartmouth ...... 13 13
* * * * * *
*
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Dated: May 15, 1995.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 95-13775 Filed 6-5-95; 8:45 am]
BILLING CODE 4910-14-M
