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: Final rule.

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SUMMARY: The Coast Guard is changing the operating rules for the

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

Somerset and Fall River, Massachusetts

This final rule requires one hour's advance notice during the

winter months at night and two hours' on Christmas and New Year's day.

This change to the regulations will remove the requirement to crew the

bridge because there have been few requests to open the bridge during

the above time periods.

DATES: This final rule is effective January 21, 1999.

ADDRESSES: Documents as indicated in this preamble are available for

inspection or copying at the First Coast Guard District Office, 408

Atlantic Avenue, Boston, Ma. 02110-3350, between 7 a.m. and 2 p.m.,

Monday through Friday, except Federal holidays. The telephone number is

(617) 223-8364.

FOR FURTHER INFORMATION CONTACT:

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

223-8364.

SUPPLEMENTARY INFORMATION: .

Regulatory History

The Coast Guard published a notice of proposed rulemaking entitled

Drawbridge Operation Regulations; Taunton River, MA., in the Federal

Register (63 FR 27241) on May 18, 1998. The Coast Guard received three

comment letters in response to the notice of proposed rulemaking. A

public hearing was requested. The Coast Guard did not hold a public

hearing because the Coast Guard determined that an opportunity for oral

comments would not aid in this rulemaking. All the comments were the

same. The bridge-opening logs did not support the claims in the comment

letters. The logs showed very few openings historically during the

times the bridge will be in a one-hour advance-notice status, and no

new information was submitted to justify a need to have the bridge

crewed at all times. The record clearly indicated that there were only

a few openings at night in the winter months.

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

bridge is presently required to open on signal at all times. The bridge

owner, Massachusetts Highway Department (MHD), requested that the Coast

Guard consider a change to the operating regulations for the Brightman

Street Bridge to require one hour's advance notice for openings from

November 1 through March 31, between 6 p.m. and 6 a.m., and two hours'

from 6 p.m. to midnight on December 24th, all day on December 25th, and

all day on January 1st.

The bridge-opening logs for the Brightman Street Bridge documented

openings November 1st through March 31st, 6 p.m. to 6 a.m., as follows:

1995-1996, 11 openings; 1996-1997, 15 openings; and 1997-1998, 20

openings. The Coast Guard believes that it is reasonable to allow this

bridge to operate on one-hour's advance notice during the three days

because there have been so few requests to open the bridge during them.

The advance notice requirement for December 24th and 25th and January

1st has been granted each year by the Coast Guard as a result of a

written request from the bridge owner. There have been no requests to

open the bridge on those days according to the bridge-opening logs.

This final rule will make the holiday advance-notice requirement for

these three days a permanent part of the bridge operating regulations

and will also change the regulations to relieve the bridge owner of the

present requirement to crew the bridge during the winter months at

night November 1st through March 31st from 6 p.m. to 6 a.m. daily.

Discussion of Comments and Changes

The Coast Guard received two comment letters in response to the

notice of proposed rulemaking during the comment period. Both comment

letters opposed the advance notice requirement during the winter months

at night. The letters were from an attorney representing Shaws Boat

Yard and Somerset Marina, Inc. The letters were identical in content.

The letters requested a public hearing to discuss the proposed

regulations, claiming that 65% to 75% of all hauling and launching of

vessels at their facilities occur at night, November through March from

6 p.m. to 6 a.m. daily. The marinas indicated concern that they could

lose business as a result of the bridge being placed on one hour's

advance notice for openings during the winter months at night. They

believe that the mariners would not be willing to provide the required

one hour's notice for bridge openings. The bridge-opening logs for the

last three years do not support this claim. The Coast Guard reached a

decision for this final rule based upon the factual log data.

[[Page 70662]]

The bridge owner will be required by this final rule to open the

bridge no longer than one hour after notice is given to open the bridge

from November 1st through March 31st from 6 p.m. to 6 a.m. daily. The

bridge log data from the last three years, 1995-1996, 1996-1997, and

1997-1998, November through March, indicate eleven (11), fifteen (15),

and twenty (20) openings respectively. The total number of days

November through March is one hundred fifty-one (151) days. Eleven,

fifteen and twenty bridge openings during the last three years does not

support the need to require a drawtender to be present at the bridge at

all times. The mariners are not being prevented from using the bridge

but are just being asked to provide one hour's advance notice for

bridge openings during this time period.

A third letter was received from the marinas after the comment

period closed proposing an alternative schedule. The proposal would

require the on call period to begin on November 20th and end March 15th

instead of November 1st to March 31st. The marinas claimed that they

needed openings during this time period. The Coast Guard reviewed this

alternative proposal in an effort to balance the needs of both the

mariners and the bridge owner. The logs indicated 4 openings last

winter during the evening from November 1st to November 20th and no

openings in the evening from March 15th to March 31st. The log data

simply did not show a need to crew the bridge the extra month this

alternate proposal would require considering that a drawtender will be

required, by this rule, to be at the bridge within an hour after notice

is given for an opening.

In light of the data reviewed, the Coast Guard believes that the

request to require one hour's notice during the winter night time hours

is reasonable. The mariners can still pass through the bridge at all

times so long as they provide this notice. No hearing was held, and no

changes have been made to this rule.

Regulatory Evaluation

This final 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 final 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

final rule adopts 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 current 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 final rule achieves the

requirement 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 final rule will have a significant

economic impact 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 final rule will not have a significant economic impact

on a substantial number of small entities.

Collection of Information

This final 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 final rule in accordance with the

principles and criteria contained in Executive Order 12612 and has

determined that this final 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 final

rule and concluded that, under Figure 2-1, paragraph 32(e), of

Commandant Instruction M16475.1C, this final 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 written ``Categorical

Exclusion Determination'' is not required for this final rule.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations

For the reasons set out in the preamble, the Coast Guard amends 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's advance notice is given and that, 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. Please give all notice 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: December 10, 1998.

R.M. Larrabee,

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

[FR Doc. 98-33848 Filed 12-21-98; 8:45 am]

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