[Federal Register Volume 63, Number 95 (Monday, May 18, 1998)]
[Proposed Rules]
[Pages 27241-27243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13087]


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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-97-098]
RIN 2115-AE47


Drawbridge Operation Regulations: Taunton River, MA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to change the operating rules for the 
Brightman Street Bridge, mile 1.8, over the Taunton River between 
Somerset and Fall River, Massachusetts.
    The bridge owner, Massachusetts Highway Department (MHD), has 
requested that the Coast Guard consider a change to the operating 
regulations for the Brightman Street Bridge to require the bridge to 
open on signal; except,

[[Page 27242]]

from November 1 through March 31, between 6 p.m. and 6 a.m. daily, the 
draw shall open if at least one hour advance notice is given. From 6 
p.m. to midnight on December 24th and all day on December 25th and 
January 1st, the draw shall open if at least two hours advance notice 
is given by calling the number posted at the bridge.
    Additionally, the provision in the existing regulations to open as 
soon as possible for state and local vessels used for public safety is 
being removed since it is now listed under the general requirements for 
bridges.
    This proposal will relieve the bridge owner of the requirement to 
crew the bridge during time periods when there have been few requests 
to open the bridge and is expected to still provide for the needs of 
navigation.

DATES: Comments must reach the Coast Guard on or before July 17, 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 4 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 7 a.m. to 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 rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD01-97-098) 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 in this document. 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 matter, 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 Brightman Street Bridge has a vertical clearance at mean high 
water (MHW) of 27 feet and at mean low water (MLW) of 31 feet.
    The Brightman Street Bridge is presently required to open on signal 
at all times. This proposed change to the operating regulations will 
require the bridge to open on signal; except that, from November 1 
through March 31, between 6 p.m. and 6 a.m. daily, the draw shall open 
if at least one hour advance notice is given by calling the number 
posted at the bridge. From 6 p.m. to midnight on December 24th and all 
day on December 25th and January 1st, the draw shall open if at least 
two hours advance notice is given by calling the number posted at the 
bridge.
    The Shell Oil facility upstream of the bridge has closed and the 
Montaup Electric Company has reduced its delivery schedule which 
together have reduced the total opening requests during the winter time 
period affected by this proposal.
    Additionally, as part of this rule change the Coast Guard is 
removing from the existing regulations the provisions for opening the 
bridge as soon as possible for the passage of state and local vessels 
used for public safety because this is now included under the general 
operating regulations for bridges at Sec. 117.31.
    It is expected that this change to the operating rules will relieve 
the bridge owner of the requirement to crew the Brightman Street Bridge 
during time periods when there have been few requests to open and still 
provide for the needs of navigation.

Discussion of Proposal

    The Coast Guard is proposing to revise section 117.619 of the 
regulations to remove the unnecessary language regarding the state and 
local vessels and to add the requirement that a one hour notice be 
provided for bridge openings November 1 to March 31, 6 p.m. to 6 a.m. 
and a two hour advance notice is required for openings from 6 p.m. to 
midnight on December 24th and all day on December 25th and January 1st 
at the Brightman Street Bridge.
    The Brightman Street Bridge is presently required to open on signal 
which requires the bridge owner to crew the bridge at all times. The 
closure of the Shell Oil facility and the decrease in deliveries to 
Montaup Electric have changed the demand for openings. Going to an on 
call basis during the evenings in the winter months should allow the 
bridge owner to lower their operating expenses but still meet the level 
of demand for openings. The bridge will still be required to open at 
all times but from 6 p.m. to midnight on December 24th and all day on 
December 25th and January 1st, a two hour notice will be required by 
calling the number posted at the bridge.
    The requirement under the existing rules to open as soon as 
possible for state and local vessels used for public safety will be 
removed from this regulation because it is now listed under the general 
bridge requirements at Sec. 117.31.

Regulatory Evaluation

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866 and does not require as 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 
proposal 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 NPRM proposes to 
adopt the operating hours which the Coast Guard believes to be 
appropriate because there have been so few requests to open the bridge 
during the time period the bridge will be on an advance notice status. 
The proposed advance notice requirements should still provide for the 
needs of navigation and allow the bridge owner to not crew the bridge 
during periods when there are few requests to open the bridge. The 
Coast Guard believes this proposal achieves the requirements of 
balancing the needs of navigation and the needs of vehicular 
transportation.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this proposed rule will have a 
significant economic impact

[[Page 27243]]

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 5 U.S.C. 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 proposed 
rule would 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 criterion contained in Executive Order 12612 and has 
determined that this proposed 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 Figure 2-1, paragraph 32(e), of 
Commandant Instruction M16475.1C, this proposed rule is categorically 
excluded from further environmental documentation because promulgation 
of changes to drawbridge regulations have been found to not have a 
significant effect on the environment. A ``Categorical Exclusion 
Determination'' is not required for this proposed rule.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    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 117.619 is revised to read as follows:


Sec. 117.619  Taunton River.

    (a) The owners of the Brightman Street and Bristol County bridges 
shall provide and keep in good legible condition clearance gauges for 
each draw with figures not less than twelve inches high, designed, 
installed and maintained according to the provisions of Sec. 118.160 of 
this chapter.
    (b) The draw of the Brightman Street Bridge, mile 1.8, between 
Somerset and Fall River shall open on signal; except that from November 
1 through March 31, between 6 p.m. and 6 a.m. daily, the draw shall 
open if at least one hour advance notice is give. From 6 p.m. to 
midnight on December 24th and all day on December 25th and January 1st, 
the draw shall open on signal if at least two hours, notice is given by 
calling the number posted at the bridge.
    (c) The Bristol County Bridge, mile 10.3, shall open on signal if 
at least twenty-four hours' notice is given by calling the number 
posted at the bridge.

    Dated: April 18, 1998.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 98-13087 Filed 5-15-98; 8:45 am]
BILLING CODE 4910-15-M