[Federal Register Volume 60, Number 39 (Tuesday, February 28, 1995)]
[Proposed Rules]
[Pages 10815-10817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4906]



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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......  .......  ..................  .......................  ...........  ...........  ...........
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
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