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Drawbridge Operation Regulations: Taunton River, MA
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: May 18, 1998 (Volume 63, Number 95)]
[Proposed Rules]
[Page 27241-27243]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18my98-22]
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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.
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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