[Federal Register Volume 60, Number 108 (Tuesday, June 6, 1995)]
[Rules and Regulations]
[Pages 29760-29761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13775]



[[Page 29760]]

DEPARTMENT OF TRANSPORTATION

33 CFR Part 117

[CGD01-95-008]
RIN 2115-AE47


Drawbridge Operation Regulations; Apponagansett River, MA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the rules governing opening of the 
Padanaram Bridge at mile 1.0 over the Apponagansett River in Dartmouth, 
Massachusetts. This final rule will allow the Padanaram Bridge to open 
on signal from 1 May through 31 October, 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 when 
the bridge opens and still provide for the needs of navigation.

EFFECTIVE DATE: June 1, 1995.

ADDRESSES: Unless otherwise indicated, documents referred to in this 
preamble are available for copying and inspection at the first Coast 
Guard District, Bridge Branch office located in the Captain John Foster 
Williams Federal Building, 408 Atlantic Ave., Boston, Massachusetts 
02110-3350, room 628, between 6:30 a.m. and 3 p.m., Monday through 
Friday, except federal holidays. The telephone number is (617) 223-
8364.

FOR FURTHER INFORMATION CONTACT: Gary Kassof, Bridge Administrator, 
First Coast Guard District (212) 668-7170.

SUPPLEMENTARY INFORMATION:

Drafting Information

    The principal persons involved in drafting this final rule are Mr. 
John W. McDonald, Project Officer, Bridge Branch, and Lieutenant 
Commander Samuel R. Watkins, Project Counsel, District Legal Office.

Regulatory History

    Prior to this rule, this bridge has been the subject of three 
deviations from its operating regulations. The first deviation for 60 
days was published in the Federal Register at 58 FR 38056; July 15, 
1993. The second deviation for 32 days was published in the Federal 
Register at 58 FR 47067; September 7, 1993. The third deviation for 90 
days was published in the Federal Register at 59 FR 31931; June 21, 
1994.
    On February 8, 1995 the Coast Guard published a notice of proposed 
rulemaking entitled ``Drawbridge Operation Regulations; Apponagansett 
River, Massachusetts'' in the Federal Register 60 FR 10815. The Coast 
Guard received one letter commenting on the proposal. No public hearing 
was requested, and none was held.

Background and Purpose

    The Padanaram Bridge over the Apponagansett River between Dartmouth 
and South Dartmouth has a vertical clearance of 9' above mean high 
water (MHW) and 12' above mean low water (MLW).
    The current operating regulations require that the bridge open on 
signal on the hour and half hour, 5 a.m. to 9 p.m., 1 May through 31 
October. 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 opening 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 was effective from July 1, 1993, through August 29, 1993, 
and was published in the Federal Register at 58 FR 38056; July 15, 
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 for 32 days to evaluate a different alternative 
opening time period for the Padanaram Bridge. This deviation also was 
published in the Federal Register at 58 FR 47067; September 7, 1993. 
The 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 the hourly openings and nine 
were opposed to the change. Most of the letters in opposition indicated 
that the lack of facilities to tie up vessels while waiting for 
openings was a main concern. The Town of Dartmouth installed traffic 
signals, automatic traffic gates, navigational lights and clearance 
gauges after the two deviation periods expired.
    The Coast Guard authorized a third deviation for a period of 90 
days to evaluate the effects of the above improvements to the bridge. 
This third deviation 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. to 9 a.m. and 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. The entire regulation is being revised for clarity and to 
remove paragraph (a)(1) which provides for openings for public vessels, 
vessels used for safety, and vessels in distress. This requirement is 
now provided under 33 CFR 117.31 as a general operating regulation for 
all bridges.
    The bridge owner will be required by this rule to maintain 
clearance gauges at the bridge to assist mariners during times that the 
bridge is not crewed and to reduce unnecessary openings.
    The bridge owners will also be required, as a result of comments 
from mariners, to maintain mooring facilities for vessels to make fast 
while waiting for bridge openings.

Discussion of Comments and Changes

    One comment letter was received in opposition to the proposed rule; 
however, a petition was submitted to the Coast Guard with hundreds of 
names and signatures all in favor of the change to the regulations. No 
changes to the proposed rule have been made.
    In order to allow the bridge to begin the new operating hours for 
the summer season, the Coast Guard is making this rule effective on 
June 1, 1995 and under 5 USC Sec. 553(d)(3), in the interest of public 
safety and to provide relief from the traffic delays that occur during 
the summer season this rule may be made effective in less than 30 days 
after publication. Traffic delays could impede emergency vehicles from 
traveling between Dartmouth and South Dartmouth during the tourist 
season.

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 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 [[Page 29761]] 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 the regulation will not prevent mariners from passing through the 
Padanaram Bridge, but will only require mariners to plan their 
transits.

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'' may include (1) small businesses and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields and (2) governmental jurisdictions with 
populations of less than 50,000. Because of the reasons discussed in 
the Regulatory Evaluation 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 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 final rule under the principles 
and criteria contained in Executive Order 12612 and has determined that 
this final rule does not have sufficient federalism implications to 
warrant preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this final 
rule and concluded that, under paragraph 2.B.2.e.(32)(e) of Commandant 
Instruction M16475.1B, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is 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 is 
amending 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.

    (a) The draw of the Padanaram Bridge mile 1.0 shall open on signal 
1 May through 31 October from 5 a.m. to 9 p.m. daily as follows:
    (1) The bridge shall open on signal, 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) The bridge shall open on signal, 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) The owners of this bridge shall provide and maintain mooring 
facilities 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 section 118.160 of this chapter.
    3. Appendix A to Part 117 is amended to add the Apponagansett River 
entry under the State of Massachusetts subheading to read as follows:

                        Appendix A to Part 117--Drawbridges Equipped With Radiotelephones                       
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                                                                                         Call   Calling  Working
       Waterway         Mile   Location              Bridge name and owner               sign   channel  channel
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*                  *                  *                  *                  *                  *                
                                                                                                                
    Massachusetts                                                                                               
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
Apponagansett River                                                                                             
 1.0 Dartmouth.......  ......  ........                          Pandanaram, Dartmouth  ......       13       13
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
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    Dated: May 15, 1995.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 95-13775 Filed 6-5-95; 8:45 am]
BILLING CODE 4910-14-M