Drawbridge Operation Regulations: Taunton River, MA

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-97-098]

RIN 2115-AE47

Drawbridge Operation Regulations: Taunton River, MA

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

Brightman Street Bridge, mile 1.8, over the Taunton River between

Somerset and Fall River, Massachusetts.

The bridge owner, Massachusetts Highway Department (MHD), has

requested that the Coast Guard consider a change to the operating

regulations for the Brightman Street Bridge to require the bridge to

open on signal; except,

[[Page 27242]]

from November 1 through March 31, between 6 p.m. and 6 a.m. daily, the

draw shall open if at least one hour advance notice is given. From 6

p.m. to midnight on December 24th and all day on December 25th and

January 1st, the draw shall open if at least two hours advance notice

is given by calling the number posted at the bridge.

Additionally, the provision in the existing regulations to open as

soon as possible for state and local vessels used for public safety is

being removed since it is now listed under the general requirements for

bridges.

This proposal will relieve the bridge owner of the requirement to

crew the bridge during time periods when there have been few requests

to open the bridge and is expected to still provide for the needs of

navigation.

DATES: Comments must reach the Coast Guard on or before July 17, 1998.

ADDRESSES: You may mail comments to Commander (obr), First Coast Guard

District, 408 Atlantic Avenue, Boston, MA 02110-3350, or deliver them

to 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

District Commander maintains the public docket for this rulemaking.

Comments and documents as indicated in this preamble will become part

of this docket and will be available for inspection or copying at the

above address 7 a.m. to 3 p.m. Monday through Friday, except Federal

holidays.

FOR FURTHER INFORMATION CONTACT:

John W. McDonald, Project Officer, First Coast Guard District, (617)

223-8364.

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 rulemaking (CGD01-97-098) and specific section of this

proposal to which their comments apply, and give reasons for each

comment. Please submit two copies of all comments and attachments in an

unbound format, no larger than 8\1/2\ by 11 inches, suitable for

copying and electronic filing. Persons wanting acknowledgment of

receipt of comments should enclose a stamped, self-addressed postcard

or envelope.

The Coast Guard will consider all comments received during the

comment period. It may change this proposal in response to comments

received. The Coast Guard does not plan to hold a public hearing;

however, persons may request a public hearing by writing to the Coast

Guard at the address listed under ADDRESSES in this document. The

request should include the reasons why a hearing would be beneficial.

If it is determined that the opportunity for oral presentations will

aid this matter, the Coast Guard will hold a public hearing at a time

and place announced by a subsequent notice published in the Federal

Register.

Background

The Brightman Street Bridge has a vertical clearance at mean high

water (MHW) of 27 feet and at mean low water (MLW) of 31 feet.

The Brightman Street Bridge is presently required to open on signal

at all times. This proposed change to the operating regulations will

require the bridge to open on signal; except that, from November 1

through March 31, between 6 p.m. and 6 a.m. daily, the draw shall open

if at least one hour advance notice is given by calling the number

posted at the bridge. From 6 p.m. to midnight on December 24th and all

day on December 25th and January 1st, the draw shall open if at least

two hours advance notice is given by calling the number posted at the

bridge.

The Shell Oil facility upstream of the bridge has closed and the

Montaup Electric Company has reduced its delivery schedule which

together have reduced the total opening requests during the winter time

period affected by this proposal.

Additionally, as part of this rule change the Coast Guard is

removing from the existing regulations the provisions for opening the

bridge as soon as possible for the passage of state and local vessels

used for public safety because this is now included under the general

operating regulations for bridges at Sec. 117.31.

It is expected that this change to the operating rules will relieve

the bridge owner of the requirement to crew the Brightman Street Bridge

during time periods when there have been few requests to open and still

provide for the needs of navigation.

Discussion of Proposal

The Coast Guard is proposing to revise section 117.619 of the

regulations to remove the unnecessary language regarding the state and

local vessels and to add the requirement that a one hour notice be

provided for bridge openings November 1 to March 31, 6 p.m. to 6 a.m.

and a two hour advance notice is required for openings from 6 p.m. to

midnight on December 24th and all day on December 25th and January 1st

at the Brightman Street Bridge.

The Brightman Street Bridge is presently required to open on signal

which requires the bridge owner to crew the bridge at all times. The

closure of the Shell Oil facility and the decrease in deliveries to

Montaup Electric have changed the demand for openings. Going to an on

call basis during the evenings in the winter months should allow the

bridge owner to lower their operating expenses but still meet the level

of demand for openings. The bridge will still be required to open at

all times but from 6 p.m. to midnight on December 24th and all day on

December 25th and January 1st, a two hour notice will be required by

calling the number posted at the bridge.

The requirement under the existing rules to open as soon as

possible for state and local vessels used for public safety will be

removed from this regulation because it is now listed under the general

bridge requirements at Sec. 117.31.

Regulatory Evaluation

This rule is not a significant regulatory action under section 3(f)

of Executive Order 12866 and does not require as 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

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 bridges must

operate in accordance with the needs of navigation while providing for

the reasonable needs of land transportation. This NPRM proposes to

adopt the operating hours which the Coast Guard believes to be

appropriate because there have been so few requests to open the bridge

during the time period the bridge will be on an advance notice status.

The proposed advance notice requirements should still provide for the

needs of navigation and allow the bridge owner to not crew the bridge

during periods when there are few requests to open the bridge. The

Coast Guard believes this proposal achieves the requirements of

balancing the needs of navigation and the needs of vehicular

transportation.

Small Entities

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

Coast Guard considered whether this proposed rule will have a

significant economic impact

[[Page 27243]]

on a substantial number of small entities. ``Small entities'' include

small businesses, not-for-profit organizations that are independently

owned and operated and are not dominant in their fields, and

governmental jurisdictions with populations less than 50,000.

Therefore, for the reasons discussed in the Regulatory Evaluation

section above, the Coast Guard certifies under 5 U.S.C. 605(b) that

this proposed rule 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

proposed 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 proposed

rule would economically affect it.

Collection of Information

This proposed rule does not provide for a collection of information

under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this proposed rule in accordance with

the principles and criterion contained in Executive Order 12612 and has

determined that this proposed 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

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 changes to drawbridge regulations have been found to not have a

significant effect on the environment. A ``Categorical Exclusion

Determination'' is not required for this proposed rule.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations

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 117.619 is revised to read as follows:

Sec. 117.619 Taunton River.

(a) The owners of the Brightman Street and Bristol County bridges

shall provide and 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 Sec. 118.160 of

this chapter.

(b) The draw of the Brightman Street Bridge, mile 1.8, between

Somerset and Fall River shall open on signal; except that from November

1 through March 31, between 6 p.m. and 6 a.m. daily, the draw shall

open if at least one hour advance notice is give. From 6 p.m. to

midnight on December 24th and all day on December 25th and January 1st,

the draw shall open on signal if at least two hours, notice is given by

calling the number posted at the bridge.

(c) The Bristol County Bridge, mile 10.3, shall open on signal if

at least twenty-four hours' notice is given by calling the number

posted at the bridge.

Dated: April 18, 1998.

R.M. Larrabee,

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

[FR Doc. 98-13087 Filed 5-15-98; 8:45 am]

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