Drawbridge Operation Regulations; Manchester Harbor, Massachusetts

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

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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]

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