[Federal Register Volume 62, Number 70 (Friday, April 11, 1997)]
[Proposed Rules]
[Pages 17762-17764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9247]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-97-022]
RIN 2115-AE47


Drawbridge Operation Regulations; Manchester Harbor, 
Massachusetts

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the operating rules for the 
Massachusetts Bay Transportation Authority (MBTA) Bridge (formerly the 
Boston and Maine railroad bridge), over Manchester Harbor, in 
Manchester, Massachusetts. The mariners located upstream of the bridge 
and the Manchester Harbormaster have requested longer operating hours 
during the boating season. This proposed change would require the 
bridge to be crewed for eight additional hours each day from Memorial 
Day through the end of September.

DATES: Comments must be received on or before May 12, 1997.

ADDRESSES: Comments should be mailed to Commander (obr), First Coast 
Guard District, Bldg. 135A, Governors Island, New York, N.Y. 10004-
5073. The telephone number is (212) 668-7165. Comments will become part 
of this docket and will be available for inspection or copying at the 
above address.

FOR FURTHER INFORMATION CONTACT:
Joe Arca, Supervisory Bridge Management Specialist, (212) 668-7069.

SUPPLEMENTARY INFORMATION: 

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this notice (CGD01-97-022), the specific section of the 
proposal to which their comments apply, and give reasons for each 
comment. Persons wanting acknowledgment of receipt of comments should 
enclose a stamped, self-addressed post card or envelope.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of comments. The 
Coast Guard plans no public hearing; however, persons may request a 
public hearing by writing to the address under ADDRESSES. If it is 
determined that the opportunity for oral presentations will aid this

[[Page 17763]]

rulemaking, the Coast Guard will hold a public hearing at a time and 
place announced by a later notice in the Federal Register.

Background and Purpose

    Good cause exists for a comment period of less than 60 days. The 
public has had various opportunities to comment on the regulations for 
this bridge. All comments received in response to the 1996 temporary 
final rule with request for comments were considered in drafting this 
NPRM. A longer comment period is unnecessary and contrary to the public 
interest due to the need to have a final regulation in place prior to 
Memorial Day, 1997.
    The Manchester MBTA Bridge was formerly owned and operated by the 
Boston and Maine Railroad (B&M). The current owner of the bridge is the 
Massachusetts Bay Transportation Authority (MBTA). The existing 
operating regulations at 33 CFR 117.603 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 Harbormaster/Chief of Police and several mariners located 
upstream of the bridge to extend the hours that the Manchester MBTA 
Bridge is crewed during the peak boating season. On June 14, 1994, the 
Coast Guard published a temporary (90 day) deviation from the operating 
regulations to evaluate changes to the operating rules during the 1994 
boating season (59 FR 30524; June 14, 1994). The temporary deviation 
extended 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 additional cost of $16,000 to crew the bridge during 
the deviation period. The Coast Guard requested additional data and 
actual copies of the bridge logs to analyze 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 earlier in the morning 
and also be able to return to their moorings 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.
    During the summer of 1996, the Coast Guard implemented a temporary 
final rule which tested an operating schedule requiring the bridge to 
open on signal from 7 a.m. to 11 p.m. each day, Memorial Day through 
the end of September 1996 (61 FR 18946; April 30, 1996). The temporary 
final rule requested public comment on the operating hours effective 
for the summer of 1996. On May 7, 1996, the Coast Guard sent a letter 
to the MBTA requiring them to post a sign summarizing the temporary 
regulations and maintain a bridge log for the 1996 test period. The 
MBTA was also requested to provide bridge logs and operating cost data 
to the Coast Guard no later than October 31, 1996, for consideration of 
impacts upon the MBTA. The Coast Guard received one letter from a 
mariner in favor of the temporary regulation. A review of the bridge 
logs provided by MBTA for the test period revealed an average of 247 
additional openings per month for the hours 7 a.m. to 9 a.m., 1 p.m. to 
2 p.m., and 6 p.m. to 11 p.m. during June, July and August 1996. 
Thirty-five additional openings during these hours were logged for 
September, 1996. The MBTA submitted a letter indicating an additional 
operating cost of $41,459 for the period May 30 to September 30, 1996.

Discussion of Proposed Amendments

    Upon review of all the comments, the Coast Guard believes that the 
operating hours for the bridge should be changed. The mariners 
specifically requested that the bridge be crewed from 7 a.m. to 11 p.m. 
each day during the prime boating season, Memorial Day through the end 
of September. This proposal will amend Sec. 117.603 to require the 
bridge to open on signal between 7 a.m. and 11 p.m. from Memorial Day 
through September 30 each year. The hours that the bridge is crewed 
from April 1 to Memorial Day and from October 1 through November 1 
would remain 9 a.m. to 1 p.m. and 2 p.m. to 6 p.m.
    The Coast Guard's policy is to assure that drawbridges are operated 
in such a manner that they are a minimum obstruction to waterway 
traffic while at the same time providing for the reasonable needs of 
land traffic. Drawbridges shall be operated under such rules and 
regulations as are in the overall public interest by pursuing balanced 
opening schedules. Under the existing operating rules for the 
Manchester MBTA Bridge, the needs of navigation are clearly not being 
satisfied as evidenced by the comments from the mariners and the 
results of the 1996 temporary deviation. The Coast Guard believes the 
proposed changes in operating hours will allow the mariners to enjoy 
the prime boating season, best serve the public interest and still 
provide for the reasonable needs of land traffic. The Coast Guard 
believes the benefits to the mariners justify the extra costs of 
crewing the bridge. The proposed hours will allow mariners to depart 
earlier and return later. The existing hours do not meet the needs of 
navigation as a result of the bridge closing at 6 p.m. during the 
boating season. 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. That was an unreasonable schedule because most of the mariners 
work during the day and would like to use their vessels in the 
evenings. Additionally, the harbormaster indicated that the increased 
operating

[[Page 17764]]

hours would allow for a faster response by the Manchester-by-the Sea 
Police Department located downstream of the bridge to vessels in the 
inner harbor in the event of an emergency.
    The Coast Guard proposes to simplify the advance notice 
requirements of the existing regulations by establishing a four hour 
advance notice requirement during all periods other than those when the 
bridge must open on signal.
    The Coast Guard has determined that clearance gauges are necessary 
for the safety of navigation. The proposed rule requires the bridge 
owner to post and maintain clearance gauges to assist mariners in 
transiting the bridge during periods when the draw is not crewed and to 
reduce unnecessary openings.

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. This conclusion is based on the fact that bridges must 
operate in accordance with the needs of navigation while providing for 
the reasonable needs of land transportation. This proposal adopts the 
operating hours which the Coast Guard believes to be appropriate based 
on the previous test periods. The Coast Guard believes the proposal 
achieves the government purpose of balancing the navigational rights of 
recreational boaters and the needs of land based transportation.

Small Entities

    The Coast Guard has considered the economic impact of this rule on 
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.). For the reasons discussed in the Background and Purpose and 
Regulatory Evaluation sections above the Coast Guard has determined 
that this rule will not affect 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 has 
determined that this rule does not have sufficient federalism 
implications to warrant the 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, (as revised by 60 FR 32197; June 20, 1995), this 
rule promulgates operating regulations for drawbridges and is 
categorically excluded from further environmental documentation.

List of Subjects in 33 CFR Part 117

    Bridges.

Proposed Regulation

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 33 CFR part 117 as follows:

PART 117--[AMENDED]

    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 revised to read as follows:


Sec. 117.603  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:
    (1) From Memorial Day through September 30 from 7 a.m. to 11 p.m.;
    (2) April 1 to Memorial Day and October 1 to November 1 from 9 a.m. 
to 1 p.m. and 2 p.m. to 6 p.m.
    (b) At all other times, the draw shall open on signal with at least 
four hours notice.
    (c) The owner 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.

    Dated: March 28, 1997.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 97-9247 Filed 4-10-97; 8:45 am]
BILLING CODE 4910-14-M