Drawbridge operations: Massachusetts,
[Federal Register: January 7, 2000 (Volume 65, Number 5)]
[Proposed Rules]
[Page 1077-1079]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ja00-15]
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.
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
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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
June...................................
307
205
67 July...................................
322
193
60 August.................................
305
137
45
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.
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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
-
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.
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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. 00-351Filed1-6-00; 8:45 am]
BILLING CODE 4910-15-U
