[Federal Register Volume 60, Number 136 (Monday, July 17, 1995)]
[Rules and Regulations]
[Pages 36357-36359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17487]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117
[CGD01-95-052]
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
regulations that govern the Manchester Amtrak Bridge (formerly the
Boston and Maine Railroad Bridge), at mile 1.0 in Manchester,
Massachusetts. This change will require the bridge to be crewed for
three additional hours each day during the 1995 boating season. This
rule is based upon satisfactory experience with a temporary deviation
from the operating regulations that was in effect for the 1994 boating
season. Comment letters supporting the deviation were received in March
1995, well after the end of the comment period for the deviation had
ended in October, 1994. Since those comment letters were received at
such a late date, it was not possible to make a permanent change to the
regulations in time for the 1995 boating season. The Coast Guard
determined that in order to implement desired changes to the operating
regulations in time for the 1995 boating season, a temporary final rule
would be required, with a comment period ending after the boating
season. This change may be proposed as a permanent change as a result
of comments received.
EFFECTIVE DATE: This rule is effective from July 17, 1995 through
September 30, 1995. Comments must be received on or before October 31,
1995.
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
[[Page 36358]]
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. 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.
Drafting Information
The drafters of this notice are Mr. John W. McDonald, Project
Officer, Bridge Branch and Lieutenant Commander Samuel R. Watkins,
Project Counsel, District Legal Office.
Regulatory History
On June 14, 1994 a temporary deviation from the operating
regulations for the Manchester Amtrak Bridge was published in the
Federal Register (59 FR 30524; June 14, 1994). This deviation required
that the bridge be crewed an additional 5 hours daily from 1 June
through 30 September. Interested parties were given until October 31,
1994 to submit comments regarding the temporary deviation. The Coast
Guard received only one letter during the comment period. The
Massachusetts Bay Transportation Authority (MBTA), the bridge operator,
opposed extending the operating hours of the bridge.
After the close of the comment period the Coast Guard received
seven petition letters, as well as one letter representing 45 mariners
located upstream of the bridge at the Manchester Harbor Marina, one
letter from the Manchester Chief of Police and one letter from the
Manchester Harbormaster. All of the letters were in favor of making the
operating schedule of the temporary deviation a permanent change to the
regulations. In response to these comments, the Coast Guard initiated
this rulemaking.
Background and Purpose
The Manchester Amtrak Bridge was formerly owned and operated by the
Boston and Maine Railroad (B&M), which is no longer in business. The
current owner of the bridge is the National Railroad Passenger
Corporation (Amtrak). The MBTA is the bridge operator.
The existing operating regulations 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 Chief of Police and several mariners located upstream of the
bridge to extend the hours that the Manchester Amtrak Bridge is crewed
during the peak boating season from June 1 through September 30.
In response, the First Coast Guard District Commander signed a
temporary (90 day) deviation from the operating regulations to evaluate
the following changes during the 1994 boating season.
The temporary deviation extended the hours that the bridge was
crewed by an additional five hours a day, from June 1 through September
30. The operating hours implemented by the temporary deviation required
the bridge to be crewed from 8 a.m. to 9 p.m. daily. It also eliminated
the one hour lunch hour closure from 1 p.m. to 2 p.m. each day.
Following the expiration of the temporary deviation, the Coast
Guard received seven petition letters from mariners, one letter
representing forty-five boat owners located upstream of the bridge at
the Manchester Harbor Marina, one letter from the Manchester Chief of
Police and one letter from the Manchester Harbormaster. All the letters
were in favor of the change to the operating hours and urged the Coast
Guard to make them a permanent change to the regulations.
The Coast Guard received only one letter in opposition to the
proposed changes to the regulations. The MBTA, the bridge operator,
opposed the proposal to extend the operating hours of the bridge. Their
objection was based upon the additional cost of crewing the bridge
during the boating season.
The Coast Guard did not proceed with a permanent change to the
regulations immediately after the temporary deviation expired because
it received only one comment letter from the MBTA, in opposition,
during the comment period that closed October 31, 1994.
The letters supporting the change were received March 15, 1995,
well after the comment period for the temporary deviation had ended.
The Coast Guard believes that based upon all the comment letters
received and the safety issues involved, that a change to the
regulations is justified.
The Coast Guard has decided that the hours the bridge is crewed
during the boating season should be increased. In order to meet the
reasonable needs of navigation and to not impose an unreasonable burden
of expense on the bridge owner, the Coast Guard has determined has an
increase of three hours a day from June 1 through September 30, 6 p.m.
to 9 p.m., is a reasonable compromise.
The Coast Guard determined that in order to implement the requested
changes to the operating regulations in time for the 1995 boating
season, a temporary final rule would be required, with a comment period
ending after the boating season. A permanent change if appropriate,
would then be proposed to make the changes to the operating regulations
permanent.
Discussion of Proposed Amendments
This rule will require that the bridge be crewed an extra 3 hours a
day during the 1995 boating season. The operating hours will be
extended from 6 p.m. until 9 p.m. each day.
The hours that the bridge is crewed from April 1 through May 31 and
from October 1 through November 1 would remain 9 a.m. to 1 p.m. and 2
p.m. to 6 p.m. These changes should allow the mariners to enjoy the
prime boating season and also enhance public safety.
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.
The harbormaster indicated that the increased operating hours would be
a safety advantage in the event of an emergency situation. Planned and
emergency patrols would be able to transmit 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.
The bridge owner will be required by this rule to post and maintain
clearance gauges to assist mariners in transiting the bridge during
periods when the draw is not crewed or to reduce unnecessary openings.
The advance notice request telephone number has been changed
because Boston and Maine, the former bridge owner, has gone out of
business and no longer operates the bridge.
[[Page 36359]]
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. If
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 expects the economic impact 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 and that this change will provide longer
operating hours which were requested by mariners.
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.
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. 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 117.603 is suspended and a new section 117.604 is added
to read as follows:
Sec. 117.604 Manchester Harbor.
The Manchester Amtrak Bridge at mile 1.0, in Manchester, shall
operate as follows:
(a) The draw shall open on signal from April 1 through May 31 from
9 a.m. to 1 p.m. and from 2 p.m. to 6 p.m.; from June 1 through
September 30 from 9 a.m. to 1 p.m. and from 2 p.m. to 9 p.m.; from
October 1 through November 1 from 9 a.m. to 1 p.m. and from 2 p.m. to 6
p.m.
(b) At all other times, at least two hours notice is required from
6:45 a.m. to 3:45 p.m. and at least five hours notice is required from
3:45 p.m. to 6:45 a.m. by calling the number posted at the bridge.
Dated: July 6, 1995.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 95-17487 Filed 7-14-95; 8:45 am]
BILLING CODE 4910-14-M
