[Federal Register Volume 65, Number 5 (Friday, January 7, 2000)]
[Proposed Rules]
[Pages 1077-1079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-351]


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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-99-029]
RIN 2115-AE47


Drawbridge Operation Regulations; Merrimack River, MA.

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to change the drawbridge operating 
regulations for the Newburyport US1 Bridge, mile 3.4, across the 
Merrimack River between Newburyport and Salisbury, Massachusetts. The 
bridge owner asked the Coast Guard to change the regulations to allow 
the bridge to open only on the hour and half hour, from Memorial Day 
through Labor Day. This action is expected to help reduce vehicular 
traffic delays on Route 1 by scheduling bridge opening times while 
still meeting the reasonable needs of navigation.

DATES: Comments must reach the Coast Guard on or before March 7, 2000.

ADDRESSES: You may mail comments to Commander (obr), First Coast Guard 
District, Bridge Branch, at 408 Atlantic Avenue, Boston, MA. 02110-
3350, or deliver them at 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 First Coast Guard District, Bridge Branch, 
maintains the public docket for this rulemaking. Comments and material 
received from the public, as well as documents indicated in this 
preamble as being available in the docket, will become part of this 
docket and will be available for inspection or copying at the First 
Coast Guard District, Bridge Branch, 7 a.m. to 3 p.m., Monday through 
Friday, except, Federal holidays.

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

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments or related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD01-99-
029), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know if 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the First Coast Guard District, 
Bridge Branch, at the address under ADDRESSES explaining why one would 
be beneficial. If we determine that one would aid this rulemaking, we 
will hold one at a time and place announced by a later notice in the 
Federal Register.

Background and Purpose

    The Newburyport US1 Bridge, mile 3.4, across the Merrimack River 
has a vertical clearance of 35 feet at mean high water and 42 feet at 
mean low water in the closed position. The current regulations in 33 
CFR 117.605(a) require the bridge to open on signal from May 1 through 
November 15, from 6 a.m. to 10 p.m. At all other times the draw must 
open on signal if at least a one-hour advance notice is given by 
calling the number posted at the bridge.
    The bridge owner, the Massachusetts Highway Department (MHD), asked 
the Coast Guard to change the regulations to allow scheduled opening 
times to help alleviate vehicular traffic delays on Route 1 that occur 
from Memorial Day through Labor Day. During the summer months the 
bridge opens more frequently for vessel traffic while the volume of 
vehicular traffic on Route 1 is the heaviest. The traffic delays on 
Route 1 has prompted the local communities to ask for relief to help 
reduce the traffic delays during the summer months.
    The Coast Guard, in response to the bridge owner's request for 
assistance, published a notice of temporary deviation from the 
operating regulations (64 FR 25438) on May 12, 1999. The purpose of the 
deviation was to test a new schedule for bridge openings for a period 
of 90 days from June 3, 1999, through August 31, 1999. The bridge 
operating schedule during the test

[[Page 1078]]

period was: (1) Monday through Friday, from 6 a.m. to 10 p.m., the 
bridge opened once an hour, on the half hour. (2) Saturday and Sunday, 
from 11 a.m. to 3 p.m., the bridge opened once an hour, on the half 
hour. From 6 a.m. to 11 a.m. and 3 p.m. to 10 p.m., the bridge opened 
two times an hour, on the hour and half hour. (3) At all other times 
the bridge opened on signal after a one-hour notice was given by 
calling the number posted at the bridge.
    The Coast Guard evaluated the bridge opening log data for the past 
three years as well as the data collected during the 90 day test period 
in 1999. The data indicated that June, July and August are the months 
that have the greatest number of bridge openings and that the greater 
percentage of the bridge openings occurred on weekends.

                            Test Period 1999
------------------------------------------------------------------------
                                                                Percent
                 Month                     Total     Weekend       on
                                          openings   openings   weekends
------------------------------------------------------------------------
June...................................        307        205         67
July...................................        322        193         60
August.................................        305        137         45
------------------------------------------------------------------------


                      Monthly Total Bridge Openings
------------------------------------------------------------------------
                                                 1997     1998     1999
------------------------------------------------------------------------
April........................................        3       17       34
May..........................................       95      155      202
June.........................................      288      190      307
July.........................................      310      387      322
August.......................................      334      350      305
September....................................      226      294      250
October......................................      197      149      N/A
------------------------------------------------------------------------

    The Coast Guard has determined that scheduled bridge openings from 
Memorial Day through Labor Day, 6 a.m. to 10 p.m., should help 
alleviate the traffic delays on Route 1 and still meet the reasonable 
needs of navigation.
    The time period for scheduled bridge openings, Memorial Day through 
Labor Day, was selected because it is the time period when vehicular 
traffic on Route 1 is the heaviest and the frequency of bridge openings 
are the greatest.

Discussion of Proposal

    The Coast Guard proposes to revise 33 CFR 117.605(a) to require 
that the draw of the Newburyport US1 Bridge open on signal from May 1 
through November 15, 6 a.m. to 10 p.m.; except that, from Memorial Day 
through Labor Day, the draw shall open on signal, 6 a.m. to 10 p.m., 
only on the hour and half hour. At all other times the draw shall open 
on signal after at least a one-hour advance notice is given by calling 
the number posted at the bridge.
    Comments from the public were received until October 31, 1999, in 
response to the notice of temporary deviation. Seven comment letters 
and a petition with a total of 150 signatures were received. The five 
comment letters and the petition were in favor of scheduled bridge 
openings. Two comment letters opposed the scheduled bridge openings 
indicating that some sail boats had difficulty waiting for bridge 
openings when the bridge only opened once an hour.
    The Coast Guard, in response to the sail boat operators comments, 
is proposing that the bridge shall open on signal, 6 a.m. to 10 p.m., 
Memorial Day through Labor Day, two times each hour, on the hour and 
half hour. This proposed change will reduce the time vessels wait for 
bridge openings and should also reduce traffic delays on Route 1 by 
preventing back to back bridge openings.

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 6(a)(3) of that Order. 
The Office of Management and Budget has not reviewed it under that 
Order. It is not significant under the regulatory policies and 
procedures of the Department of Transportation (DOT) (44 FR 11040, Feb. 
26, 1979).
    We expect 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 the bridge will still open on 
signal for marine traffic two times each hour, on the hour and half 
hour, from 6 a.m. to 10 p.m., Memorial Day through Labor Day.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The Coast Guard certifies under section 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    This conclusion is based on the fact that the bridge opens only for 
large recreational sail boats and power boats. Most vessels can pass 
under the bridge without a bridge opening as a result of the high 
vertical clearance of 35 feet at mean high water and 42 feet at mean 
low water.
    The owners of the larger vessels may be required, depending on the 
stage of the tide, to wait for bridge openings for up to 25 minutes in 
the event that they miss a scheduled bridge opening. The impacts are 
believed not to be significant because the bridge will still open on 
signal for marine traffic two times each hour, on the hour and half 
hour, 6 a.m. to 10 p.m., Memorial Day through Labor Day.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this proposed rule under E.O. 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under E.O. 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

[[Page 1079]]

Protection of Children

    We have analyzed this proposed rule under E.O. 13045, Protection of 
Children from Environmental Health Risks and Safety Risks. This rule is 
not an economically significant rule and does not concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    We 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 
drawbridge regulations have been found not to have a significant effect 
on the environment. A ``Categorical Exclusion Determination'' is 
available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons discussed 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 117.605(a) is revised as follows:


Sec. 117.605  Merrimack River

    (a) The draw of the Newburyport US1 Bridge, mile 3.4, shall operate 
as follows:
    (1) From May 1 through November 15, 6 a.m. to 10 p.m.; the draw 
shall open on signal; except that, from Memorial Day through Labor Day, 
the draw shall open on signal, 6 a.m. to 10 p.m., only on the hour and 
half hour.
    (2) At all other times the draw shall open on signal after at least 
a one-hour advance notice is given by calling the number posted at the 
bridge.
* * * * *
    Dated: December 17, 1999.
R.M. Larrabee,
Rear Admiral, Coast Guard Commander, First Coast Guard District.
[FR Doc. 00-351 Filed 1-6-00; 8:45 am]
BILLING CODE 4910-15-U