[Federal Register Volume 65, Number 5 (Friday, January 7, 2000)]
[Proposed Rules]
[Pages 1077-1079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-351]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD01-99-029]
RIN 2115-AE47
Drawbridge Operation Regulations; Merrimack River, MA.
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the drawbridge operating
regulations for the Newburyport US1 Bridge, mile 3.4, across the
Merrimack River between Newburyport and Salisbury, Massachusetts. The
bridge owner asked the Coast Guard to change the regulations to allow
the bridge to open only on the hour and half hour, from Memorial Day
through Labor Day. This action is expected to help reduce vehicular
traffic delays on Route 1 by scheduling bridge opening times while
still meeting the reasonable needs of navigation.
DATES: Comments must reach the Coast Guard on or before March 7, 2000.
ADDRESSES: You may mail comments to Commander (obr), First Coast Guard
District, Bridge Branch, at 408 Atlantic Avenue, Boston, MA. 02110-
3350, or deliver them at the same address between 7 a.m. and 4 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 (CGD01-99-
029), 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 Newburyport US1 Bridge, mile 3.4, across the Merrimack River
has a vertical clearance of 35 feet at mean high water and 42 feet at
mean low water in the closed position. The current regulations in 33
CFR 117.605(a) require the bridge to open on signal from May 1 through
November 15, from 6 a.m. to 10 p.m. At all other times the draw must
open on signal if at least a one-hour advance notice is given by
calling the number posted at the bridge.
The bridge owner, the Massachusetts Highway Department (MHD), asked
the Coast Guard to change the regulations to allow scheduled opening
times to help alleviate vehicular traffic delays on Route 1 that occur
from Memorial Day through Labor Day. During the summer months the
bridge opens more frequently for vessel traffic while the volume of
vehicular traffic on Route 1 is the heaviest. The traffic delays on
Route 1 has prompted the local communities to ask for relief to help
reduce the traffic delays during the summer months.
The Coast Guard, in response to the bridge owner's request for
assistance, published a notice of temporary deviation from the
operating regulations (64 FR 25438) on May 12, 1999. The purpose of the
deviation was to test a new schedule for bridge openings for a period
of 90 days from June 3, 1999, through August 31, 1999. The bridge
operating schedule during the test
[[Page 1078]]
period was: (1) Monday through Friday, from 6 a.m. to 10 p.m., the
bridge opened once an hour, on the half hour. (2) Saturday and Sunday,
from 11 a.m. to 3 p.m., the bridge opened once an hour, on the half
hour. From 6 a.m. to 11 a.m. and 3 p.m. to 10 p.m., the bridge opened
two times an hour, on the hour and half hour. (3) At all other times
the bridge opened on signal after a one-hour notice was given by
calling the number posted at the bridge.
The Coast Guard evaluated the bridge opening log data for the past
three years as well as the data collected during the 90 day test period
in 1999. The data indicated that June, July and August are the months
that have the greatest number of bridge openings and that the greater
percentage of the bridge openings occurred on weekends.
Test Period 1999
------------------------------------------------------------------------
Percent
Month Total Weekend on
openings openings weekends
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June................................... 307 205 67
July................................... 322 193 60
August................................. 305 137 45
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Monthly Total Bridge Openings
------------------------------------------------------------------------
1997 1998 1999
------------------------------------------------------------------------
April........................................ 3 17 34
May.......................................... 95 155 202
June......................................... 288 190 307
July......................................... 310 387 322
August....................................... 334 350 305
September.................................... 226 294 250
October...................................... 197 149 N/A
------------------------------------------------------------------------
The Coast Guard has determined that scheduled bridge openings from
Memorial Day through Labor Day, 6 a.m. to 10 p.m., should help
alleviate the traffic delays on Route 1 and still meet the reasonable
needs of navigation.
The time period for scheduled bridge openings, Memorial Day through
Labor Day, was selected because it is the time period when vehicular
traffic on Route 1 is the heaviest and the frequency of bridge openings
are the greatest.
Discussion of Proposal
The Coast Guard proposes to revise 33 CFR 117.605(a) to require
that the draw of the Newburyport US1 Bridge open on signal from May 1
through November 15, 6 a.m. to 10 p.m.; except that, from Memorial Day
through Labor Day, the draw shall open on signal, 6 a.m. to 10 p.m.,
only on the hour and half hour. At all other times the draw shall open
on signal after at least a one-hour advance notice is given by calling
the number posted at the bridge.
Comments from the public were received until October 31, 1999, in
response to the notice of temporary deviation. Seven comment letters
and a petition with a total of 150 signatures were received. The five
comment letters and the petition were in favor of scheduled bridge
openings. Two comment letters opposed the scheduled bridge openings
indicating that some sail boats had difficulty waiting for bridge
openings when the bridge only opened once an hour.
The Coast Guard, in response to the sail boat operators comments,
is proposing that the bridge shall open on signal, 6 a.m. to 10 p.m.,
Memorial Day through Labor Day, two times each hour, on the hour and
half hour. This proposed change will reduce the time vessels wait for
bridge openings and should also reduce traffic delays on Route 1 by
preventing back to back bridge openings.
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 still open on
signal for marine traffic two times each hour, on the hour and half
hour, from 6 a.m. to 10 p.m., Memorial Day through Labor Day.
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 on the fact that the bridge opens only for
large recreational sail boats and power boats. Most vessels can pass
under the bridge without a bridge opening as a result of the high
vertical clearance of 35 feet at mean high water and 42 feet at mean
low water.
The owners of the larger vessels may be required, depending on the
stage of the tide, to wait for bridge openings for up to 25 minutes in
the event that they miss a scheduled bridge opening. The impacts are
believed not to be significant because the bridge will still open on
signal for marine traffic two times each hour, on the hour and half
hour, 6 a.m. to 10 p.m., Memorial Day through Labor Day.
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 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 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 E.O. 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 E.O. 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
[[Page 1079]]
Protection of Children
We have analyzed this proposed 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 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 ``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 discussed 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 117.605(a) is revised as follows:
Sec. 117.605 Merrimack River
(a) The draw of the Newburyport US1 Bridge, mile 3.4, shall operate
as follows:
(1) From May 1 through November 15, 6 a.m. to 10 p.m.; the draw
shall open on signal; except that, from Memorial Day through Labor Day,
the draw shall open on signal, 6 a.m. to 10 p.m., only on the hour and
half hour.
(2) At all other times the draw shall open on signal after at least
a one-hour advance notice is given by calling the number posted at the
bridge.
* * * * *
Dated: December 17, 1999.
R.M. Larrabee,
Rear Admiral, Coast Guard Commander, First Coast Guard District.
[FR Doc. 00-351 Filed 1-6-00; 8:45 am]
BILLING CODE 4910-15-U
