[Federal Register Volume 60, Number 136 (Monday, July 17, 1995)]
[Rules and Regulations]
[Pages 36357-36359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17487]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD01-95-052]
RIN 2115-AE47


Drawbridge Operation Regulations; Manchester Harbor, MA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule with request for comments.

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SUMMARY: The Coast Guard is temporarily changing the operating 
regulations that govern the Manchester Amtrak Bridge (formerly the 
Boston and Maine Railroad Bridge), at mile 1.0 in Manchester, 
Massachusetts. This change will require the bridge to be crewed for 
three additional hours each day during the 1995 boating season. This 
rule is based upon satisfactory experience with a temporary deviation 
from the operating regulations that was in effect for the 1994 boating 
season. Comment letters supporting the deviation were received in March 
1995, well after the end of the comment period for the deviation had 
ended in October, 1994. Since those comment letters were received at 
such a late date, it was not possible to make a permanent change to the 
regulations in time for the 1995 boating season. The Coast Guard 
determined that in order to implement desired changes to the operating 
regulations in time for the 1995 boating season, a temporary final rule 
would be required, with a comment period ending after the boating 
season. This change may be proposed as a permanent change as a result 
of comments received.

EFFECTIVE DATE: This rule is effective from July 17, 1995 through 
September 30, 1995. Comments must be received on or before October 31, 
1995.

ADDRESSES: Comments should be mailed to Commander (obr), First Coast 
Guard District, Captain John Foster Williams Federal Building, 408 
Atlantic Ave., Boston, Massachusetts 02110-3350. Comments also 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. Comments will become part of this docket and 
will be available for inspection or copying at the above address.

FOR FURTHER INFORMATION CONTACT:
John W. McDonald, Project Officer, Bridge Branch, (617) 223-8364.

SUPPLEMENTARY INFORMATION:

Request for Comments

    Interested persons are invited to participate in this rulemaking by 


[[Page 36358]]
submitting written views, comments, data, or arguments. Persons 
submitting comments should include their names and addresses, identify 
this rulemaking (CGD01-95-052), the specific section of this rule to 
which each comment applies, and give reasons for each comment. The 
Coast Guard requests that all comments and attachments be submitted in 
an 8\1/2\'' x 11'' unbound format 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. 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 it 
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.

Regulatory History

    On June 14, 1994 a temporary deviation from the operating 
regulations for the Manchester Amtrak Bridge was published in the 
Federal Register (59 FR 30524; June 14, 1994). This deviation required 
that the bridge be crewed an additional 5 hours daily from 1 June 
through 30 September. Interested parties were given until October 31, 
1994 to submit comments regarding the temporary deviation. The Coast 
Guard received only one letter during the comment period. The 
Massachusetts Bay Transportation Authority (MBTA), the bridge operator, 
opposed extending the operating hours of the bridge.
    After the close of the comment period the Coast Guard received 
seven petition letters, as well as one letter representing 45 mariners 
located upstream of the bridge at the Manchester Harbor Marina, one 
letter from the Manchester Chief of Police and one letter from the 
Manchester Harbormaster. All of the letters were in favor of making the 
operating schedule of the temporary deviation a permanent change to the 
regulations. In response to these comments, the Coast Guard initiated 
this rulemaking.

Background and Purpose

    The Manchester Amtrak Bridge was formerly owned and operated by the 
Boston and Maine Railroad (B&M), which is no longer in business. The 
current owner of the bridge is the National Railroad Passenger 
Corporation (Amtrak). The MBTA is the bridge operator.
    The existing operating regulations require that the bridge be 
crewed from 1 April through 1 November from 9 a.m. to 6 p.m., with a 
one hour lunch closure between 1 p.m. and 2 p.m. daily.
    The Coast Guard received a request in May, 1994, from the 
Manchester Chief of Police and several mariners located upstream of the 
bridge to extend the hours that the Manchester Amtrak Bridge is crewed 
during the peak boating season from June 1 through September 30.
    In response, the First Coast Guard District Commander signed a 
temporary (90 day) deviation from the operating regulations to evaluate 
the following changes during the 1994 boating season.
    The temporary deviation extended the hours that the bridge was 
crewed by an additional five hours a day, from June 1 through September 
30. The operating hours implemented by the temporary deviation required 
the bridge to be crewed from 8 a.m. to 9 p.m. daily. It also eliminated 
the one hour lunch hour closure from 1 p.m. to 2 p.m. each day.
    Following the expiration of the temporary deviation, the Coast 
Guard received seven petition letters from mariners, one letter 
representing forty-five boat owners located upstream of the bridge at 
the Manchester Harbor Marina, one letter from the Manchester Chief of 
Police and one letter from the Manchester Harbormaster. All the letters 
were in favor of the change to the operating hours and urged the Coast 
Guard to make them a permanent change to the regulations.
    The Coast Guard received only one letter in opposition to the 
proposed changes to the regulations. The MBTA, the bridge operator, 
opposed the proposal to extend the operating hours of the bridge. Their 
objection was based upon the additional cost of crewing the bridge 
during the boating season.
    The Coast Guard did not proceed with a permanent change to the 
regulations immediately after the temporary deviation expired because 
it received only one comment letter from the MBTA, in opposition, 
during the comment period that closed October 31, 1994.
    The letters supporting the change were received March 15, 1995, 
well after the comment period for the temporary deviation had ended. 
The Coast Guard believes that based upon all the comment letters 
received and the safety issues involved, that a change to the 
regulations is justified.
    The Coast Guard has decided that the hours the bridge is crewed 
during the boating season should be increased. In order to meet the 
reasonable needs of navigation and to not impose an unreasonable burden 
of expense on the bridge owner, the Coast Guard has determined has an 
increase of three hours a day from June 1 through September 30, 6 p.m. 
to 9 p.m., is a reasonable compromise.
    The Coast Guard determined that in order to implement the requested 
changes to the operating regulations in time for the 1995 boating 
season, a temporary final rule would be required, with a comment period 
ending after the boating season. A permanent change if appropriate, 
would then be proposed to make the changes to the operating regulations 
permanent.

Discussion of Proposed Amendments

    This rule will require that the bridge be crewed an extra 3 hours a 
day during the 1995 boating season. The operating hours will be 
extended from 6 p.m. until 9 p.m. each day.
    The hours that the bridge is crewed from April 1 through May 31 and 
from October 1 through November 1 would remain 9 a.m. to 1 p.m. and 2 
p.m. to 6 p.m. These changes should allow the mariners to enjoy the 
prime boating season and also enhance public safety.
    Previously, mariners were forced either to return early after 
sailing or tie up at locations outside of the bridge (and the inner 
harbor where their moorings are located) if they returned after 6 p.m. 
The harbormaster indicated that the increased operating hours would be 
a safety advantage in the event of an emergency situation. Planned and 
emergency patrols would be able to transmit through the bridge to the 
inner harbor on a more frequent basis in the event of a vessel in 
distress or a vessel on fire.
    The bridge owner will be required by this rule to post and maintain 
clearance gauges to assist mariners in transiting the bridge during 
periods when the draw is not crewed or to reduce unnecessary openings.
    The advance notice request telephone number has been changed 
because Boston and Maine, the former bridge owner, has gone out of 
business and no longer operates the bridge.

[[Page 36359]]


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. If 
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 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 and that this change will provide longer 
operating hours which were requested by mariners.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this action 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 field 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 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 rule in accordance with the 
principles and criteria contained in Executive Order 12612, and it has 
determined that this regulation does not have sufficient federalism 
implications to warrant preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under section 2.B.2.e.(32)(e) of Commandant 
Instruction M16475.1B, this proposal 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 117.603 is suspended and a new section 117.604 is added 
to read as follows:


Sec. 117.604  Manchester Harbor.

    The Manchester Amtrak Bridge at mile 1.0, in Manchester, shall 
operate as follows:
    (a) The draw shall open on signal from April 1 through May 31 from 
9 a.m. to 1 p.m. and from 2 p.m. to 6 p.m.; from June 1 through 
September 30 from 9 a.m. to 1 p.m. and from 2 p.m. to 9 p.m.; from 
October 1 through November 1 from 9 a.m. to 1 p.m. and from 2 p.m. to 6 
p.m.
    (b) At all other times, at least two hours notice is required from 
6:45 a.m. to 3:45 p.m. and at least five hours notice is required from 
3:45 p.m. to 6:45 a.m. by calling the number posted at the bridge.

    Dated: July 6, 1995.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 95-17487 Filed 7-14-95; 8:45 am]
BILLING CODE 4910-14-M