Drawbridge Operation Regulations; Apponagansett River, MA

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-95-008]

RIN 2115-AE47

Drawbridge Operation Regulations; Apponagansett River, MA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing a change to the regulations

governing the Padanaram Bridge at mile 1.0 over the Apponagansett River

in Dartmouth, Massachusetts. This proposal will allow the Pandanaram

Bridge to open on signal from May 1 through October 31 once an hour on

the hour, between 9 a.m. and 8 p.m. instead of twice an hour on the

hour and half hour. This change should help relieve traffic congestion

created by bridge openings while still providing for the needs of

navigation.

DATES: Comments must be received on or before May 1, 1995.

ADDRESSES: Comments may be mailed to Commander (obr), First Coast Guard

District, Captain John Foster Williams Federal Building, 408 Atlantic

Ave., Boston, Massachusetts 02110-3350, or 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. The comments will become part of this docket and will be

available for inspection and copying by appointment at the above

address.

FOR FURTHER INFORMATION CONTACT: John W. McDonald, Project Officer,

Bridge Branch, (617) 223-8364.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written views, comments, data, or

arguments. Persons submitting comments should include their names and

addresses, identify this [[Page 10816]] rulemaking (CGD01-95-008), the

specific section of this proposal to which each comment applies, and

give reasons for each comment. The Coast Guard requests that all

comments and attachments be submitted in an unbound format no larger

than 8\1/2\'' by 11'', 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 the Coast Guard

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.

Background and Purpose

The Padanaram Bridge at mile 1.0 over the Apponagansett River

between Dartmouth and South Dartmouth, MA, has a vertical clearance of

9' above mean high water (MHW) and 12' above mean low water (MLW).

The current operating regulations require the bridge to open on

signal on the hour and half hour, 5 a.m. to 9 p.m. May 1, through

October 31. At all other times at least six hours advance notice must

be given.

In the spring of 1993, the Town of Dartmouth requested a change

from the operating regulations to permit openings once an hour rather

than twice an hour. The town selectmen felt that the traffic congestion

during peak summer months was a result of the bridge opening every 30

minutes and was causing village commerce to suffer. The selectmen also

considered the 30 minute opening schedule a serious risk to public

safety because emergency vehicles could not travel to and from South

Dartmouth during the traffic delays caused by the bridge opening every

half hour. The Town of Dartmouth requested that the bridge be required

to open only once an hour between 5 a.m. and 9 p.m., for a test period

of 60 days, to evaluate the effects on vehicular and marine traffic.

This request was approved and the first deviation from the permanent

regulations, published in the Federal Register (58 FR 38056; July 15,

1993), was effective from July 1, 1993 through August 29, 1993. It

provided an opportunity to evaluate the effects of the hourly openings

on marine and vehicular traffic. The Coast Guard implemented a second

deviation, published in the Federal Register (58 FR 47067; September 7,

1993), for a thirty-two day period to evaluate an alternative opening

time period for the Padanaram Bridge. This second deviation added two

time periods when the bridge could still open on the hour and half

hour: between 5 a.m. and 9 a.m. and between 8 p.m. and 9 p.m. The Coast

Guard received 29 letters commenting on the two deviations. Twenty were

in favor of hourly openings and nine were opposed to any change. Most

of the comments in opposition to any change were based on the concern

over the lack of facilities to tie up vessels while awaiting openings.

After the two deviation periods expired, the Town of Dartmouth

installed traffic signals, automatic traffic gates, navigational lights

and clearance gauges at the bridge. The Coast Guard subsequently

authorized a third deviation for a period of 90 to evaluate the effects

of these improvements to the bridge. This third deviation, published in

the Federal Register (59 FR 31931; July 21, 1994), was effective from

June 3, 1994 through August 31, 1994. It allowed the Padanaram Bridge

to open on signal on the hour and half hour between 5 a.m. and 9 a.m.

between 8 p.m. and 9 p.m., and once an hour on the hour between 9 a.m.

and 8 p.m. The Coast Guard received two letters commenting on the third

deviation. One letter favored the hourly openings and one letter was

opposed to the hourly openings.

Discussion of Proposed Amendments

The Town of Dartmouth has requested that the Coast Guard make a

permanent change to the operating regulations for the Padanaram Bridge

to allow the draw to open on signal from May 1 through October 31, on

the hour and half hour between 5 a.m. and 9 a.m. and between 8 p.m. and

9 p.m., and on the hour between 9 a.m. and 8 p.m. At all other times a

four hour advance notice would be required for bridge openings. The

drawtenders will be on call to open the draw when the advance notice is

given.

As part of this action, the bridge owner would be required to 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 33 CFR 118.160.

The provision for the passage of emergency vessels at any time is

published at 33 CFR 117.31 for all bridges and is no longer required to

be published for each waterway.

Appendix A to part 117 would be amended to add the Apponagansett

River entry under the State of Massachusetts subheading to advise

mariners that a marine radio is installed at the bridge for opening

requests.

Regulatory Evaluation

This proposal 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 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 of this

proposal 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 regulation

will not prevent mariners from transiting the bridge. It will require

only that mariners plan their transits.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard must consider whether this proposal, if adopted, 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 fields 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 proposal 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 proposal under the principles and

criteria contained in Executive Order [[Page 10817]] 12612 and has

determined that this proposal does not have sufficient federalism

implications to warrant preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this

proposal and concluded that, under paragraph 2.B.2. of Commandant

Instruction M16475.1B, this proposal is categorically excluded from

further environmental documentation. A ``Categorical Exclusion

Determination'' will be 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 proposes

to amend 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 117.587 is revised to read as follows:

Sec. 117.587 Apponagansett River.

The Padanaram Bridge, mile 1.0 at Dartmouth, shall operate as

follows:

(a) From May 1 through October 31, the bridge shall open on signal:

(1) Twice an hour, on the hour and the half hour between 5 a.m. and

9 a.m. and between 8 p.m. and 9 p.m.;

(2) Once an hour, on the hour between 9 a.m. and 8 p.m.

(b) At all other times the bridge shall open if at least four (4)

hours advance notice is given.

(c) Mooring facilities shall be maintained for vessels to make fast

while waiting for the bridge to open.

(d) The owners 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 Sec. 118.160 of this chapter.

3. Appendix A to part 117 is amended by adding the Apponagansett

River entry in alphabetical order under the State of Massachusetts

subheading to read as follows:

Appendix A to Part 117--Drawbridges Equipped With Radiotelephones

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Calling Working

Waterway Mile Location Bridge name and owner Call signs channel channel

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Massachusetts...... ....... .................. ....................... ........... ........... ...........

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Apponagansett River 1.0 Dartmouth......... Padanaram, Town of ........... 13 13

Dartmouth.

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Dated: February 6, 1995.

J.L. Linnon,

Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.

[FR Doc. 95-4906 Filed 2-27-95; 8:45 am]

BILLING CODE 4910-14-M