[Federal Register Volume 63, Number 155 (Wednesday, August 12, 1998)]
[Proposed Rules]
[Pages 43126-43127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21596]


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

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 withdrawal of proposed rule.

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

SUMMARY: The Coast Guard has withdrawn the notice of proposed 
rulemaking governing the New Bedford Fairhaven (Rt-6) Bridge, mile 0.0, 
over the Acushnet River between New Bedford and Fairhaven, 
Massachusetts. In light of comments received, the Coast Guard 
reconsidered the proposed changes to the operating regulations and 
determined that the changes were too restrictive for the waterway 
users. It is expected that this action will better meet the present 
needs of navigation.

DATES: The NPRM is withdrawn effective August 12, 1998.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at 408 Atlantic Avenue, Boston, MA. between 7 
a.m. and 3 p.m., Monday through Friday, except Federal holidays. The 
telephone number is (617) 223-8364.

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

SUPPLEMENTARY INFORMATION: 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 should not exceed 15 minutes except for vessels 
with drafts exceeding 15 feet or in extraordinary circumstances.
    On April 20, 1998, the Coast Guard published a notice of proposed 
rulemaking entitled Drawbridge Operation Regulations: Acushnet River, 
Massachusetts, in the Federal Register 63 FR 19435. Interested persons 
were invited to comment on the notice of proposed rulemaking on or 
before June 19, 1998. The proposed changes to the operating rules 
published in the notice of proposed rulemaking would have required 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

[[Page 43127]]

bridge need not open, except for inbound commercial fishing vessels on 
the hour. The bridge would be required to open on signal at any time 
for vessels with a draft of 15 feet or greater.
    The Coast Guard received twenty (23) comment letters in response to 
the notice of proposed rulemaking and a petition signed by 76 
recreational boaters. All the comment letters and the petition opposed 
the proposed changes to the operating rules for the bridge. Comment 
letters were received from commercial operators, public officials, 
commercial facilities, recreational vessel owners, and marinas located 
upstream of the bridge. The petition was from recreational boaters 
located at several marinas upstream of the bridge. The comment letters 
and the petition objected to any limitation of the operating hours for 
both commercial and recreational vessels at any time. They indicated 
that the marine operators have enough restrictions with the existing 
hourly openings and further limitations on their ability to transit to 
their facilities would cause an undue economic hardship on their 
operations.
    The marinas located upstream of the bridge indicated a potential 
loss of business could result since many of their customers likely 
would seek other locations rather than deal with the hourly openings 
and the proposed two additional closed periods Monday through Friday. 
The commercial operators indicated that any restrictions to commercial 
vessels would be totally unacceptable and would place a hardship on the 
main economic interests of the New Bedford area.
    In light of the strong opposition to the notice of proposed 
rulemaking, the Coast Guard reconsidered changing the operating 
regulations for the bridge and determined that the proposed rule is too 
restrictive for the waterway users.
    The Coast Guard no longer believes that this proposed rule achieves 
the requirement of balancing the navigational rights of waterway users 
and the needs of land based transportation.
    The notice of proposed rulemaking is withdrawn and the docket is 
closed.

    Dated: July 10, 1998.
James D. Garrison,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 98-21596 Filed 8-11-98; 8:45 am]
BILLING CODE 4910-15-M