[Federal Register Volume 63, Number 245 (Tuesday, December 22, 1998)]
[Rules and Regulations]
[Pages 70661-70662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33848]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD01-97-098]
RIN 2115-AE47
Drawbridge Operation Regulations: Taunton River, MA
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the operating rules for the
Brightman Street Bridge, mile 1.8, over the Taunton River between
Somerset and Fall River, Massachusetts
This final rule requires one hour's advance notice during the
winter months at night and two hours' on Christmas and New Year's day.
This change to the regulations will remove the requirement to crew the
bridge because there have been few requests to open the bridge during
the above time periods.
DATES: This final rule is effective January 21, 1999.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at the First Coast Guard District Office, 408
Atlantic Avenue, Boston, Ma. 02110-3350, between 7 a.m. and 2 p.m.,
Monday through Friday, except Federal holidays. The telephone number is
(617) 223-8364.
FOR FURTHER INFORMATION CONTACT:
John W. McDonald, Project Officer, First Coast Guard District, (617)
223-8364.
SUPPLEMENTARY INFORMATION: .
Regulatory History
The Coast Guard published a notice of proposed rulemaking entitled
Drawbridge Operation Regulations; Taunton River, MA., in the Federal
Register (63 FR 27241) on May 18, 1998. The Coast Guard received three
comment letters in response to the notice of proposed rulemaking. A
public hearing was requested. The Coast Guard did not hold a public
hearing because the Coast Guard determined that an opportunity for oral
comments would not aid in this rulemaking. All the comments were the
same. The bridge-opening logs did not support the claims in the comment
letters. The logs showed very few openings historically during the
times the bridge will be in a one-hour advance-notice status, and no
new information was submitted to justify a need to have the bridge
crewed at all times. The record clearly indicated that there were only
a few openings at night in the winter months.
Background
The Brightman Street Bridge has a vertical clearance at mean high
water (MHW) of 27 feet and at mean low water (MLW) of 31 feet. The
bridge is presently required to open on signal at all times. The bridge
owner, Massachusetts Highway Department (MHD), requested that the Coast
Guard consider a change to the operating regulations for the Brightman
Street Bridge to require one hour's advance notice for openings from
November 1 through March 31, between 6 p.m. and 6 a.m., and two hours'
from 6 p.m. to midnight on December 24th, all day on December 25th, and
all day on January 1st.
The bridge-opening logs for the Brightman Street Bridge documented
openings November 1st through March 31st, 6 p.m. to 6 a.m., as follows:
1995-1996, 11 openings; 1996-1997, 15 openings; and 1997-1998, 20
openings. The Coast Guard believes that it is reasonable to allow this
bridge to operate on one-hour's advance notice during the three days
because there have been so few requests to open the bridge during them.
The advance notice requirement for December 24th and 25th and January
1st has been granted each year by the Coast Guard as a result of a
written request from the bridge owner. There have been no requests to
open the bridge on those days according to the bridge-opening logs.
This final rule will make the holiday advance-notice requirement for
these three days a permanent part of the bridge operating regulations
and will also change the regulations to relieve the bridge owner of the
present requirement to crew the bridge during the winter months at
night November 1st through March 31st from 6 p.m. to 6 a.m. daily.
Discussion of Comments and Changes
The Coast Guard received two comment letters in response to the
notice of proposed rulemaking during the comment period. Both comment
letters opposed the advance notice requirement during the winter months
at night. The letters were from an attorney representing Shaws Boat
Yard and Somerset Marina, Inc. The letters were identical in content.
The letters requested a public hearing to discuss the proposed
regulations, claiming that 65% to 75% of all hauling and launching of
vessels at their facilities occur at night, November through March from
6 p.m. to 6 a.m. daily. The marinas indicated concern that they could
lose business as a result of the bridge being placed on one hour's
advance notice for openings during the winter months at night. They
believe that the mariners would not be willing to provide the required
one hour's notice for bridge openings. The bridge-opening logs for the
last three years do not support this claim. The Coast Guard reached a
decision for this final rule based upon the factual log data.
[[Page 70662]]
The bridge owner will be required by this final rule to open the
bridge no longer than one hour after notice is given to open the bridge
from November 1st through March 31st from 6 p.m. to 6 a.m. daily. The
bridge log data from the last three years, 1995-1996, 1996-1997, and
1997-1998, November through March, indicate eleven (11), fifteen (15),
and twenty (20) openings respectively. The total number of days
November through March is one hundred fifty-one (151) days. Eleven,
fifteen and twenty bridge openings during the last three years does not
support the need to require a drawtender to be present at the bridge at
all times. The mariners are not being prevented from using the bridge
but are just being asked to provide one hour's advance notice for
bridge openings during this time period.
A third letter was received from the marinas after the comment
period closed proposing an alternative schedule. The proposal would
require the on call period to begin on November 20th and end March 15th
instead of November 1st to March 31st. The marinas claimed that they
needed openings during this time period. The Coast Guard reviewed this
alternative proposal in an effort to balance the needs of both the
mariners and the bridge owner. The logs indicated 4 openings last
winter during the evening from November 1st to November 20th and no
openings in the evening from March 15th to March 31st. The log data
simply did not show a need to crew the bridge the extra month this
alternate proposal would require considering that a drawtender will be
required, by this rule, to be at the bridge within an hour after notice
is given for an opening.
In light of the data reviewed, the Coast Guard believes that the
request to require one hour's notice during the winter night time hours
is reasonable. The mariners can still pass through the bridge at all
times so long as they provide this notice. No hearing was held, and no
changes have been made to this rule.
Regulatory Evaluation
This final 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 not been reviewed 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 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 bridges must operate in accordance with the needs of navigation
while providing for the reasonable needs of land transportation. This
final rule adopts the operating hours which the Coast Guard believes to
be appropriate because there have been so few requests to open the
bridge during the time period the bridge will be on an advance notice
status. The proposed advance notice requirements should still provide
for the current needs of navigation and allow the bridge owner to not
crew the bridge during periods when there are few requests to open the
bridge. The Coast Guard believes this final rule achieves the
requirement of balancing the needs of navigation and the needs of
vehicular transportation.
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'' include 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. Therefore, for the reasons discussed in the Regulatory
Evaluation section 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 does not provide for a collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this final rule in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that this final rule does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this final
rule and concluded that, under Figure 2-1, paragraph 32(e), of
Commandant Instruction M16475.1C, this final 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.
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 117.619 is revised to read as follows:
Sec. 117.619 Taunton River.
(a) The owners of the Brightman Street and Bristol County bridges
shall provide and keep in good legible condition clearance gauges for
each draw with figures not less than twelve inches high, designed,
installed, and maintained according to the provisions of Sec. 118.160
of this chapter.
(b) The draw of the Brightman Street Bridge, mile 1.8, 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 one hour's advance notice is given and that, from 6
p.m. to midnight on December 24th and all day on December 25th and
January 1st, the draw shall open on signal if at least two hours'
notice is given. Please give all notice by calling the number posted at
the bridge.
(c) The Bristol County Bridge, mile 10.3, shall open on signal if
at least twenty-four hours' notice is given by calling the number
posted at the bridge.
Dated: December 10, 1998.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 98-33848 Filed 12-21-98; 8:45 am]
BILLING CODE 4910-15-M
