[Federal Register Volume 62, Number 70 (Friday, April 11, 1997)]
[Proposed Rules]
[Pages 17762-17764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9247]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD01-97-022]
RIN 2115-AE47
Drawbridge Operation Regulations; Manchester Harbor,
Massachusetts
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the operating rules for the
Massachusetts Bay Transportation Authority (MBTA) Bridge (formerly the
Boston and Maine railroad bridge), over Manchester Harbor, in
Manchester, Massachusetts. The mariners located upstream of the bridge
and the Manchester Harbormaster have requested longer operating hours
during the boating season. This proposed change would require the
bridge to be crewed for eight additional hours each day from Memorial
Day through the end of September.
DATES: Comments must be received on or before May 12, 1997.
ADDRESSES: Comments should be mailed to Commander (obr), First Coast
Guard District, Bldg. 135A, Governors Island, New York, N.Y. 10004-
5073. The telephone number is (212) 668-7165. Comments will become part
of this docket and will be available for inspection or copying at the
above address.
FOR FURTHER INFORMATION CONTACT:
Joe Arca, Supervisory Bridge Management Specialist, (212) 668-7069.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this notice (CGD01-97-022), the specific section of the
proposal to which their comments apply, and give reasons for each
comment. Persons wanting acknowledgment of receipt of comments should
enclose a stamped, self-addressed post card or envelope.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in view of comments. The
Coast Guard plans no public hearing; however, persons may request a
public hearing by writing to the address under ADDRESSES. If it is
determined that the opportunity for oral presentations will aid this
[[Page 17763]]
rulemaking, the Coast Guard will hold a public hearing at a time and
place announced by a later notice in the Federal Register.
Background and Purpose
Good cause exists for a comment period of less than 60 days. The
public has had various opportunities to comment on the regulations for
this bridge. All comments received in response to the 1996 temporary
final rule with request for comments were considered in drafting this
NPRM. A longer comment period is unnecessary and contrary to the public
interest due to the need to have a final regulation in place prior to
Memorial Day, 1997.
The Manchester MBTA Bridge was formerly owned and operated by the
Boston and Maine Railroad (B&M). The current owner of the bridge is the
Massachusetts Bay Transportation Authority (MBTA). The existing
operating regulations at 33 CFR 117.603 require that the bridge be
crewed from 1 April through 1 November from 9 a.m. to 6 p.m., with a
one hour lunch closure between 1 p.m. and 2 p.m. daily.
The Coast Guard received a request in May, 1994, from the
Manchester Harbormaster/Chief of Police and several mariners located
upstream of the bridge to extend the hours that the Manchester MBTA
Bridge is crewed during the peak boating season. On June 14, 1994, the
Coast Guard published a temporary (90 day) deviation from the operating
regulations to evaluate changes to the operating rules during the 1994
boating season (59 FR 30524; June 14, 1994). The temporary deviation
extended the hours that the bridge was crewed by an additional five
hours a day, from June 3 through August 31, 1994. It required the
bridge to be crewed from 8 a.m. to 9 p.m. daily and eliminated the one
hour lunch hour closure from 1 p.m. to 2 p.m. each day.
The Coast Guard received only one letter during the comment period
that closed October 31, 1994. The MBTA, the bridge owner, opposed the
proposal to extend the operating hours of the bridge. Their objection
was based upon the additional cost of $16,000 to crew the bridge during
the deviation period. The Coast Guard requested additional data and
actual copies of the bridge logs to analyze the impact of the
deviation. The MBTA did not provide the requested data.
The Coast Guard did not proceed with a permanent change to the
regulations immediately after the temporary deviation expired since
only one comment letter was received within the comment period. The
mariners who originally requested the changes to the operating rules
did not provide comments until March 15, 1995, well after the comment
period for the temporary deviation ended. These comments included seven
petition letters, one letter representing forty-five boat owners
located upstream of the bridge at the Manchester Harbor Marina, and one
letter from the Manchester Harbormaster/Chief of Police. All these
letters were in favor of increasing the operating hours for the bridge.
During the summer of 1995, the Coast Guard implemented a temporary
final rule (60 FR 36357; July 17, 1995) which tested an operating
schedule from July 17, 1995, through September 30, 1995, which
increased the period that the bridge opened on signal by three hours
from 6 p.m. to 9 p.m. After the test period ended, the Coast Guard
received 20 letters from mariners. Three petitions with a total of 40
signatures, a letter from Manchester Harbor Marina, and a letter from
the Manchester Harbor Boat Club with 200 members were received
requesting that the operating rules be changed to require the bridge to
open on signal from 7 a.m. to 11 p.m. each day, Memorial Day through
the end of September. The mariners requested the extended bridge
operating hours so that they could get underway earlier in the morning
and also be able to return to their moorings after their evening racing
or sailing. One letter requesting that the hours remain unchanged was
received from the bridge owner, the MBTA. The MBTA objected to the
extra operating hours based upon a $27,000 additional cost to crew the
bridge during the 1995 test period. As in 1994, copies of the bridge
logs were not submitted by the bridge owner as requested by the Coast
Guard.
During the summer of 1996, the Coast Guard implemented a temporary
final rule which tested an operating schedule requiring the bridge to
open on signal from 7 a.m. to 11 p.m. each day, Memorial Day through
the end of September 1996 (61 FR 18946; April 30, 1996). The temporary
final rule requested public comment on the operating hours effective
for the summer of 1996. On May 7, 1996, the Coast Guard sent a letter
to the MBTA requiring them to post a sign summarizing the temporary
regulations and maintain a bridge log for the 1996 test period. The
MBTA was also requested to provide bridge logs and operating cost data
to the Coast Guard no later than October 31, 1996, for consideration of
impacts upon the MBTA. The Coast Guard received one letter from a
mariner in favor of the temporary regulation. A review of the bridge
logs provided by MBTA for the test period revealed an average of 247
additional openings per month for the hours 7 a.m. to 9 a.m., 1 p.m. to
2 p.m., and 6 p.m. to 11 p.m. during June, July and August 1996.
Thirty-five additional openings during these hours were logged for
September, 1996. The MBTA submitted a letter indicating an additional
operating cost of $41,459 for the period May 30 to September 30, 1996.
Discussion of Proposed Amendments
Upon review of all the comments, the Coast Guard believes that the
operating hours for the bridge should be changed. The mariners
specifically requested that the bridge be crewed from 7 a.m. to 11 p.m.
each day during the prime boating season, Memorial Day through the end
of September. This proposal will amend Sec. 117.603 to require the
bridge to open on signal between 7 a.m. and 11 p.m. from Memorial Day
through September 30 each year. The hours that the bridge is crewed
from April 1 to Memorial Day and from October 1 through November 1
would remain 9 a.m. to 1 p.m. and 2 p.m. to 6 p.m.
The Coast Guard's policy is to assure that drawbridges are operated
in such a manner that they are a minimum obstruction to waterway
traffic while at the same time providing for the reasonable needs of
land traffic. Drawbridges shall be operated under such rules and
regulations as are in the overall public interest by pursuing balanced
opening schedules. Under the existing operating rules for the
Manchester MBTA Bridge, the needs of navigation are clearly not being
satisfied as evidenced by the comments from the mariners and the
results of the 1996 temporary deviation. The Coast Guard believes the
proposed changes in operating hours will allow the mariners to enjoy
the prime boating season, best serve the public interest and still
provide for the reasonable needs of land traffic. The Coast Guard
believes the benefits to the mariners justify the extra costs of
crewing the bridge. The proposed hours will allow mariners to depart
earlier and return later. The existing hours do not meet the needs of
navigation as a result of the bridge closing at 6 p.m. during the
boating season. Previously, mariners were forced either to return early
after sailing or tie up at locations outside of the bridge (and the
inner harbor where their moorings are located) if they returned after 6
p.m. That was an unreasonable schedule because most of the mariners
work during the day and would like to use their vessels in the
evenings. Additionally, the harbormaster indicated that the increased
operating
[[Page 17764]]
hours would allow for a faster response by the Manchester-by-the Sea
Police Department located downstream of the bridge to vessels in the
inner harbor in the event of an emergency.
The Coast Guard proposes to simplify the advance notice
requirements of the existing regulations by establishing a four hour
advance notice requirement during all periods other than those when the
bridge must open on signal.
The Coast Guard has determined that clearance gauges are necessary
for the safety of navigation. The proposed rule requires the bridge
owner to post and maintain clearance gauges to assist mariners in
transiting the bridge during periods when the draw is not crewed and to
reduce unnecessary openings.
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 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
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 proposal adopts the
operating hours which the Coast Guard believes to be appropriate based
on the previous test periods. The Coast Guard believes the proposal
achieves the government purpose of balancing the navigational rights of
recreational boaters and the needs of land based transportation.
Small Entities
The Coast Guard has considered the economic impact of this rule on
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.). For the reasons discussed in the Background and Purpose and
Regulatory Evaluation sections above the Coast Guard has determined
that this rule will not affect a substantial number of small entities.
Collection of Information
This 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 rule in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that this 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 rule
and concluded that, under section 2.B.2.e.(32)(e) of Commandant
Instruction M16475.1B, (as revised by 60 FR 32197; June 20, 1995), this
rule promulgates operating regulations for drawbridges and is
categorically excluded from further environmental documentation.
List of Subjects in 33 CFR Part 117
Bridges.
Proposed Regulation
For the reasons set out in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
PART 117--[AMENDED]
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 117.603 is revised to read as follows:
Sec. 117.603 Manchester Harbor.
The Massachusetts Bay Transportation Authority Bridge at mile 1.0,
in Manchester, shall operate as follows:
(a) The draw shall open on signal:
(1) From Memorial Day through September 30 from 7 a.m. to 11 p.m.;
(2) April 1 to Memorial Day and October 1 to November 1 from 9 a.m.
to 1 p.m. and 2 p.m. to 6 p.m.
(b) At all other times, the draw shall open on signal with at least
four hours notice.
(c) The owner 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.
Dated: March 28, 1997.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 97-9247 Filed 4-10-97; 8:45 am]
BILLING CODE 4910-14-M
