[Federal Register Volume 63, Number 75 (Monday, April 20, 1998)]
[Proposed Rules]
[Pages 19435-19436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10272]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-97-131]
RIN 2115-AE47


Drawbridge Operation Regulations: Acushnet River, MA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is proposing to change the operating rules for 
the New Bedford Fairhaven (Rt-6) Bridge, mile 0.0, over the Acushnet 
River between New Bedford and Fairhaven, Massachusetts.
    The bridge owner, Massachusetts Highway Department (MHD), has 
requested that the Coast Guard change the operating regulations as a 
result of comments received from the cities of New Bedford and 
Fairhaven regarding vehicular traffic delays from frequent bridge 
openings. Additionally, redundant language will be removed, and the 
times the draw opens will be combined for clarity and simplicity. An on 
call requirement for Christmas day is also being proposed as part of 
this action. It is expected that this proposed change to the 
regulations will help relieve the traffic during the peak traffic 
periods Monday through Friday, make the regulations clear and 
understandable as well as continue to provide for the needs of 
navigation.

DATES: Comments must reach the Coast Guard on or before June 19, 1998.

ADDRESSES: You may mail comments to Commander (obr), First Coast Guard 
District, 408 Atlantic Avenue, Boston, MA. 02110-3350, or deliver them 
to the same address between 7 a.m. and 3 p.m., Monday through Friday, 
except Federal holidays. The telephone number is (617) 223-8364.
    The District Commander maintains the public docket for this 
rulemaking. Comments and documents as indicated in this preamble will 
become part of this docket and will be available for inspection or 
copying at the above address, between 7 a.m. and 3 p.m. Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:
John W. McDonald, Project Officer, First Coast Guard District, (617) 
223-8364.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this matter by submitting written data, views, or arguments. Persons 
submitting comments should include their names and addresses, identify 
this rulemaking (CGD01-97-131) and specific section of this proposal to 
which their comments apply, and give reasons for each comment. Please 
submit two copies of all comments and attachments in an unbound format, 
no larger than 8\1/2\ by 11 inches, suitable for copying and electronic 
filing. Persons wanting acknowledgment of receipt of comments should 
enclose a stamped, self-addressed postcard or envelope.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in response to comments 
received. The Coast Guard does not plan to hold a public hearing; 
however, persons may request a public hearing by writing to the Coast 
Guard at the address listed under ADDRESSES. The request should include 
the reasons why a hearing would be beneficial. If it is determined 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 subsequent notice published in the Federal Register.

Background

    The vertical clearance at the Route 6 Bridge at mean high water 
(MHW) is 6 feet and at mean low water (MLW) is 10 feet. The horizontal 
clearance is 95 feet in each channel of this swing bridge.
    The Route 6 Bridge presently opens on the hour from 6 a.m. to 10 
a.m., a quarter past the hour from 11:15 a.m. to 6:15 p.m., and at all 
other times on call. The draw also opens at any time for vessels with a 
draft exceeding 15 feet and for vessels owned or operated by the U.S. 
Government, state or local authorities. Each opening of the draw does 
not exceed 15 minutes except for vessels with drafts exceeding 15 feet 
or in extraordinary circumstances.

Discussion of Proposal

    The bridge owner, MHD, has received comments from the cities of New 
Bedford and Fairhaven that the bridge is causing traffic delays and 
thus, effecting businesses along Route 6 on both sides of the waterway. 
The traffic counts submitted to the Coast Guard for review indicate 
that the heavy vehicular traffic periods are Monday through Friday 
during the morning and afternoon commuting hours. The comments received 
did however, indicate that the inbound commercial fishing vessels 
should be exempted from changes to the regulations that may restrict 
the openings of the bridge for marine traffic.

[[Page 19436]]

    These changes to the regulations will require the bridge to open on 
signal on the hour from 6 a.m. to 7 p.m., except that from 7 a.m. to 9 
a.m. and 4 p.m. to 7 p.m., Monday through Friday, the bridge need not 
open, except for inbound commercial fishing vessels on the hour. The 
bridge shall be opened at any time for vessels with a draft of 15 feet 
or greater, except during on call hours. An on call requirement for 
openings Christmas eve through Christmas day is being added as part of 
this proposal requiring that the draw will open as soon as possible but 
not longer than two hours after notice has been given by calling the 
number posted at the bridge.
    The requirement in the regulations to open as soon as possible for 
U.S. Government and State of Massachusetts vessels is being removed 
since it is now listed under the general operating regulations in 33 
CFR 117.31 for all bridges. The requirement to post the operating 
regulations is being removed since it is listed under 33 CFR 117.55 
under the general operating regulations for all bridges.
    The times when the bridge opens are being changed to on the hour 
eliminating the period 11:15 a.m. to 6:15 p.m. when the bridge opened 
at a quarter past the hour. The bridge opening times will all be on the 
hour for simplicity since there is no known reason to have different 
opening times. The requirement to not exceed 15 minutes is being 
eliminated from the regulations because the drawtenders open and close 
the bridge promptly or as soon as possible as a rule and should have 
the discretion to use their experience for safety and preservation of 
the mechanical components for the operating machinery of the bridge.

Regulatory Evaluation

    This proposed 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 proposed 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 
proposed rule adopts the operating hours which the Coast Guard believes 
to be appropriate based on the results of past experience and the 
bridge traffic counts reviewed by the Coast Guard. The Coast Guard 
believes this rule achieves the requirement of balancing the 
navigational rights of recreational boaters and the needs of land based 
transportation.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considers whether this proposal will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include small businesses, not-for profit organizations that 
are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations less than 
50,000. Therefore, for the reasons discussed in the Regulatory 
Evaluation section above, the Coast Guard certifies under section 
605(b) that this proposed rule 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 proposed 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 proposed rule does not provide for a collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this proposed 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 
proposed rule and concluded that, under section 2.B.2.e.(34) of 
Commandant Instruction M16475.1B, as amended by 50 FR 38655, July 29, 
1994, this proposed rule is categorically excluded from further 
environmental documentation because promulgation of changes to 
drawbridge regulations have been found not to have significant effect 
on the environment. 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.

Proposed Regulation

    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 117.585 is revised to read as follows:


Sec. 117.585  Acushnet River

    (a) The New Bedford Fairhaven Route-6 Bridge, mile 0.0, shall open 
on signal on the hour from 6 a.m. to 7 p.m., except:
    (1) From 7 a.m. to 9 a.m. and 4 p.m. to 7 p.m., Monday through 
Friday, the draw shall open on the hour for inbound commercial fishing 
vessels only.
    (2) Except as noted in paragraph (c) of this section, the draw 
shall open on signal at any time for vessels with a draft exceeding 15 
feet.
    (b) From 7 p.m. through 6 a.m. the draw shall open on signal.
    (c) From 6 p.m. on December 24th through midnight on December 25th, 
the draw shall open as soon as possible but not longer than two hours 
after notice has been given by calling the number posted at the bridge.

    Dated: April 8, 1998.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 98-10272 Filed 4-17-98; 8:45 am]
BILLING CODE 4910-15-M