[Federal Register Volume 61, Number 84 (Tuesday, April 30, 1996)]
[Rules and Regulations]
[Pages 18946-18948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10658]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117
[CGD01-96-035]
RIN 2115-AE47
Drawbridge Operation Regulations; Manchester Harbor, MA
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule with request for comments.
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SUMMARY: The Coast Guard is temporarily changing the operating rules
that govern the Massachusetts Bay Transportation Authority (MBTA)
Bridge at mile 1.0, in Manchester, Massachusetts. This change will
require the bridge to be crewed for eight additional hours each day
during the 1996 boating season and will modify the advance notice
requirement for the 11 p.m. to 7 a.m. time period. This temporary final
rule is based upon comments received as a result of a temporary
deviation implemented by the Coast Guard during the 1994 boating season
and a final temporary rule implemented for the 1995 boating season. The
comments received from the mariners indicated their navigational needs
require the bridge to be crewed from 7 a.m. to 11 p.m. during the
boating season.
EFFECTIVE DATE: This temporary final rule is effective from May 27,
1996, through September 30, 1996. Comments must be received on or
before October 31, 1996.
ADDRESSES: Comments should be mailed to Commander (obr), First Coast
Guard District, Captain John Foster Williams Federal Building, 408
Atlantic Ave., Boston, Massachusetts 02110-3350. Comments also may be
hand-delivered to room 628 at the same address between 6:30 a.m. and 3
p.m., Monday through Friday, except federal holidays. The telephone
number is (617) 223-8364. Comments will become part of this docket and
will be available for inspection or copying at the above address.
FOR FURTHER INFORMATION CONTACT:
John W. McDonald, Project Officer, Bridge Branch, (617) 223-8364.
SUPPLEMENTARY INFORMATION:
Request for Comments
Interested persons are invited to participate in this rulemaking by
submitting written views, comments, data, or arguments. Persons
submitting comments should include their names and addresses, identify
this rulemaking (CGD01-95-052), the specific section of this rule to
which each comment applies, and give reasons for each comment. The
Coast Guard requests that all comments and attachments be submitted in
an 8\1/2\'' x 11'' unbound format suitable for copying and electronic
filing. If that is not practical, a second copy of any bound material
is requested. Persons desiring acknowledgment that their comments have
been received should enclose a stamped, self-addressed post card or
envelope.
The Coast Guard will consider all comments received during the
comment period, and may change this proposal in light of comments
received. The Coast Guard plans no public hearing. Persons may request
a public hearing by writing to Commander (obr), First Coast Guard
District at the address listed under ADDRESSES. The request should
include reasons why a hearing would be beneficial. If it determines
that the opportunity for oral presentations will aid this rulemaking,
the Coast Guard will hold a public hearing at a time and place
announced by a later notice in the Federal Register.
In accordance with 5 U.S.C. 553(6) good cause exists for publishing
a temporary final rule without a prior comment period. It is in the
public interest to have a rule increasing the hours the bridge is
operated in effect before the Memorial Day weekend, the beginning of
the 1996 boating season. Delaying this rule to provide for a notice and
comment period would be impracticable, unnecessary and contrary to the
public interest. Due to the manner in which openings are conducted, a
greater number of openings does not cause delays to the commuter trains
using the bridge. The MBTA has been advised of the extra hours that the
bridge will be required to be crewed during the 1996 boating season and
the need for comprehensive record keeping. This test period will allow
the Coast Guard to fully evaluate marine traffic patterns and costs to
the MBTA. After this test period, the Coast Guard will evaluate the
comments received and prepare a notice of proposed rulemaking to
permanently change the operating schedule if appropriate.
Regulatory History
On June 14, 1994, a temporary deviation effective during the 1994
boating season from the operating regulations for the MBTA Bridge was
published in the Federal Register (59 FR 30524; June 14, 1994). The
Coast Guard received three letters and seven petitions. A public
hearing was not requested and one was not held.
On July 17, 1995, the Coast Guard implemented a temporary final
rule (60 FR 36357; July 17, 1995) which was effective for the 1995
boating season. The Coast Guard received 22 letters and three
petitions. A public hearing was not requested and one was not held.
Background and Purpose
The MBTA Bridge over Manchester Harbor has a vertical clearance of
6' above mean high water (MHW) and 15' above mean low water (MLW). The
existing operating regulations at 33 CFR 117.603 require that the
bridge open on signal 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 be required to open on signal during the peak boating season. On
June 14, 1994, the Coast Guard published a temporary (90 day) deviation
(59 FR 30524; June 14, 1994) from the operating regulations to evaluate
changes to the operating rules during the 1994 boating season. The
temporary deviation extend 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
[[Page 18947]]
additional cost of $16,000 for crewing the bridge during the 1994 test
period. The Coast Guard requested additional bridge log data from the
MBTA to evaluate 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 at a reasonable time in
the morning and also be able to return to their moorings in the evening
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.
The Coast Guard believes that there is good cause to test the hours
of 7 a.m. to 11 p.m. based on the mariners comments and the fact that
these hours have not been tested previously. Also, records of openings
provided by the bridge owner regarding previous test periods have been
incomplete and are therefore inconclusive. Complete records of openings
during the scheduled test period will be considered by the Coast Guard
for future rulemaking.
This temporary final rule extends the operating hours requiring the
bridge to open on signal from May 27, 1996, to September 30, 1996, from
7 a.m. to 11 p.m. each day. Additionally, the advance notice
requirement for openings from 11 p.m. to 7 a.m. is being changed from
the existing two and five hour advance notice to a four hours advance
notice from Memorial Day to the end of September. The existing
requirement to provide two hours notice from 6:45 a.m. to 3:45 p.m. and
at least five hours notice from 3:45 p.m. to 6:45 a.m. is confusing and
difficult for mariners to recall while at sea or when they do not have
access to a copy of the requirements. The Coast Guard will evaluate the
effect of the four hour advance notice requirement during the 1996
boating season and may propose a modification of the requirement as a
result of comments received.
Discussion of Proposed Amendments
This temporary final rule requires the bridge to open on signal
from 7 a.m. to 11 p.m. from May 27, 1996, (Memorial Day) through
September 30, 1996, an additional eight hours a day. In addition, a
four hour advance notice for openings will be required from 11 p.m. to
7 a.m. during this same test period.
At present, mariners are 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 return after 6 p.m.
The harbormaster indicated that the increased operating hours would
provide a safety advantage in the event of an emergency situation.
Planned and emergency patrols would be able to transit through the
bridge to the inner harbor on a more frequent basis in the event of a
vessel in distress or a vessel on fire.
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.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this action will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include independently owned and operated small businesses
that are not dominant in their field and that otherwise qualify as
``small business concerns'' under section 3 of the Small Business Act
(15 U.S.C. 632). Because of the reasons discussed in the Regulatory
Evaluation above, the Coast Guard certifies under 5 U.S.C. 605(b) that
this action, if adopted, will not have a significant economic impact on
a substantial number of small entities. If, however, you think that
your business or organization qualifies as a small entity and that this
rule will have a significant economic impact on your business or
organization, please submit a comment (see ADDRESSES) explaining why
you think it qualifies and in what way and to what degree this rule
will economically affect it.
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 it has
determined that this regulation does not have sufficient federalism
implications to warrant 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, this proposal is categorically excluded from
further environmental documentation.
List of Subjects in 33 CFR Part 117
Bridges.
Temporary 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.
[[Page 18948]]
2. Section 117.603 is suspended and a new 117.604 is added to read
as follows:
Sec. 117.604 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 from 7 a.m. to 11 p.m. each day.
(b) At all other times, at least four hours advance notice for
openings is required by calling the number posted at the bridge.
Dated: April 22, 1996.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 96-10658 Filed 4-29-96; 8:45 am]
BILLING CODE 4910-14-M
