Drawbridge Operation Regulations; Merrimack River, MA.

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.

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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

e 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

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

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

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Percent

Month Total Weekend on

openings openings weekends

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June................................... 307 205 67

July................................... 322 193 60

August................................. 305 137 45

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Percent

Month Total Weekend on

openings openings weekends

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June................................... 307 205 67

July................................... 322 193 60

August................................. 305 137 45

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Monthly Total Bridge Openings

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1997 1998 1999

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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

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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

ay 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

uard, 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

ated 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

gree 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.

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

to minimize litigation,

eliminate ambiguity, and reduce burden.

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

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 117.605(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. 00-351 Filed 1-6-00; 8:45 am]

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