[Federal Register Volume 61, Number 84 (Tuesday, April 30, 1996)]
[Rules and Regulations]
[Pages 18946-18948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10658]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD01-96-035]
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 rules 
that govern the Massachusetts Bay Transportation Authority (MBTA) 
Bridge at mile 1.0, in Manchester, Massachusetts. This change will 
require the bridge to be crewed for eight additional hours each day 
during the 1996 boating season and will modify the advance notice 
requirement for the 11 p.m. to 7 a.m. time period. This temporary final 
rule is based upon comments received as a result of a temporary 
deviation implemented by the Coast Guard during the 1994 boating season 
and a final temporary rule implemented for the 1995 boating season. The 
comments received from the mariners indicated their navigational needs 
require the bridge to be crewed from 7 a.m. to 11 p.m. during the 
boating season.

EFFECTIVE DATE: This temporary final rule is effective from May 27, 
1996, through September 30, 1996. Comments must be received on or 
before October 31, 1996.

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 
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, 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 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.
    In accordance with 5 U.S.C. 553(6) good cause exists for publishing 
a temporary final rule without a prior comment period. It is in the 
public interest to have a rule increasing the hours the bridge is 
operated in effect before the Memorial Day weekend, the beginning of 
the 1996 boating season. Delaying this rule to provide for a notice and 
comment period would be impracticable, unnecessary and contrary to the 
public interest. Due to the manner in which openings are conducted, a 
greater number of openings does not cause delays to the commuter trains 
using the bridge. The MBTA has been advised of the extra hours that the 
bridge will be required to be crewed during the 1996 boating season and 
the need for comprehensive record keeping. This test period will allow 
the Coast Guard to fully evaluate marine traffic patterns and costs to 
the MBTA. After this test period, the Coast Guard will evaluate the 
comments received and prepare a notice of proposed rulemaking to 
permanently change the operating schedule if appropriate.

Regulatory History

    On June 14, 1994, a temporary deviation effective during the 1994 
boating season from the operating regulations for the MBTA Bridge was 
published in the Federal Register (59 FR 30524; June 14, 1994). The 
Coast Guard received three letters and seven petitions. A public 
hearing was not requested and one was not held.
    On July 17, 1995, the Coast Guard implemented a temporary final 
rule (60 FR 36357; July 17, 1995) which was effective for the 1995 
boating season. The Coast Guard received 22 letters and three 
petitions. A public hearing was not requested and one was not held.

Background and Purpose

    The MBTA Bridge over Manchester Harbor has a vertical clearance of 
6' above mean high water (MHW) and 15' above mean low water (MLW). The 
existing operating regulations at 33 CFR 117.603 require that the 
bridge open on signal 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 Harbormaster/Chief of Police and several mariners located 
upstream of the bridge to extend the hours that the Manchester MBTA 
Bridge be required to open on signal during the peak boating season. On 
June 14, 1994, the Coast Guard published a temporary (90 day) deviation 
(59 FR 30524; June 14, 1994) from the operating regulations to evaluate 
changes to the operating rules during the 1994 boating season. The 
temporary deviation extend the hours that the bridge was crewed by an 
additional five hours a day, from June 3 through August 31, 1994. It 
required the bridge to be crewed from 8 a.m. to 9 p.m. daily and 
eliminated the one hour lunch hour closure from 1 p.m. to 2 p.m. each 
day.
    The Coast Guard received only one letter during the comment period 
that closed October 31, 1994. The MBTA, the bridge owner, opposed the 
proposal to extend the operating hours of the bridge. Their objection 
was based upon the

[[Page 18947]]

additional cost of $16,000 for crewing the bridge during the 1994 test 
period. The Coast Guard requested additional bridge log data from the 
MBTA to evaluate the impact of the deviation. The MBTA did not provide 
the requested data.
    The Coast Guard did not proceed with a permanent change to the 
regulations immediately after the temporary deviation expired since 
only one comment letter was received within the comment period. The 
mariners who originally requested the changes to the operating rules 
did not provide comments until March 15, 1995, well after the comment 
period for the temporary deviation ended. These comments included seven 
petition letters, one letter representing forty-five boat owners 
located upstream of the bridge at the Manchester Harbor Marina and one 
letter from the Manchester Harbormaster/Chief of Police. All these 
letters were in favor of increasing the operating hours for the bridge.
    During the summer of 1995, the Coast Guard implemented a temporary 
final rule (60 FR 36357; July 17, 1995) which tested an operating 
schedule from July 17, 1995, through September 30, 1995, which 
increased the period that the bridge opened on signal by three hours 
from 6 p.m. to 9 p.m. After the test period ended, the Coast Guard 
received 20 letters from mariners. Three petitions with a total of 40 
signatures, a letter from Manchester Harbor Marina, and a letter from 
the Manchester Harbor Boat Club with 200 members were received 
requesting that the operating rules be changed to require the bridge to 
open on signal from 7 a.m. to 11 p.m. each day, Memorial Day through 
the end of September. The mariners requested the extended bridge 
operating hours so that they could get underway at a reasonable time in 
the morning and also be able to return to their moorings in the evening 
after their evening racing or sailing. One letter requesting that the 
hours remain unchanged was received from the bridge owner, the MBTA. 
The MBTA objected to the extra operating hours based upon a $27,000 
additional cost to crew the bridge during the 1995 test period. As in 
1994, copies of the bridge logs were not submitted by the bridge owner 
as requested by the Coast Guard.
    The Coast Guard believes that there is good cause to test the hours 
of 7 a.m. to 11 p.m. based on the mariners comments and the fact that 
these hours have not been tested previously. Also, records of openings 
provided by the bridge owner regarding previous test periods have been 
incomplete and are therefore inconclusive. Complete records of openings 
during the scheduled test period will be considered by the Coast Guard 
for future rulemaking.
    This temporary final rule extends the operating hours requiring the 
bridge to open on signal from May 27, 1996, to September 30, 1996, from 
7 a.m. to 11 p.m. each day. Additionally, the advance notice 
requirement for openings from 11 p.m. to 7 a.m. is being changed from 
the existing two and five hour advance notice to a four hours advance 
notice from Memorial Day to the end of September. The existing 
requirement to provide two hours notice from 6:45 a.m. to 3:45 p.m. and 
at least five hours notice from 3:45 p.m. to 6:45 a.m. is confusing and 
difficult for mariners to recall while at sea or when they do not have 
access to a copy of the requirements. The Coast Guard will evaluate the 
effect of the four hour advance notice requirement during the 1996 
boating season and may propose a modification of the requirement as a 
result of comments received.

Discussion of Proposed Amendments

    This temporary final rule requires the bridge to open on signal 
from 7 a.m. to 11 p.m. from May 27, 1996, (Memorial Day) through 
September 30, 1996, an additional eight hours a day. In addition, a 
four hour advance notice for openings will be required from 11 p.m. to 
7 a.m. during this same test period.
    At present, mariners are 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 return after 6 p.m. 
The harbormaster indicated that the increased operating hours would 
provide a safety advantage in the event of an emergency situation. 
Planned and emergency patrols would be able to transit 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.

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 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 
rule to be so minimal that a full Regulatory Evaluation, under 
paragraph 10e of the regulatory policies and procedures of DOT, is 
unnecessary.

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. If, however, you think that 
your business or organization qualifies as a small entity and that this 
rule will have a significant economic impact on your business or 
organization, please submit a comment (see ADDRESSES) explaining why 
you think it qualifies and in what way and to what degree this rule 
will economically affect it.

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.

List of Subjects in 33 CFR Part 117

    Bridges.

Temporary 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.


[[Page 18948]]


    2. Section 117.603 is suspended and a new 117.604 is added to read 
as follows:


Sec. 117.604   Manchester Harbor.

    The Massachusetts Bay Transportation Authority Bridge at mile 1.0, 
in Manchester, shall operate as follows:
    (a) The draw shall open on signal from 7 a.m. to 11 p.m. each day.
    (b) At all other times, at least four hours advance notice for 
openings is required by calling the number posted at the bridge.

    Dated: April 22, 1996.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 96-10658 Filed 4-29-96; 8:45 am]
BILLING CODE 4910-14-M