[Federal Register Volume 65, Number 82 (Thursday, April 27, 2000)]
[Rules and Regulations]
[Pages 24638-24640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10455]


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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: Final rule.

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SUMMARY: The Coast Guard is changing the drawbridge operation 
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 final rule is expected to help reduce vehicular 
traffic delays by scheduling bridge opening times while still meeting 
the reasonable needs of navigation.

DATES: This rule is effective May 30, 2000.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket (CGD01-99-029) and are available for inspection or 
copying at the First Coast Guard District, Bridge Branch Office, 408 
Atlantic Avenue, Boston, Massachusetts, 02110, 7 a.m. to 3 p.m., Monday 
through Friday, except Federal holidays.

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

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On January 7, 2000, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations; Merrimack River, 
Massachusetts, in the Federal Register (65 FR 1077). We received one 
comment letter in response to the notice of proposed rulemaking. No 
public hearing was requested and none was held.

[[Page 24639]]

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. The traffic delays on 
Route 1 prompted the request to provide 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 an alternate 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 period was:
    Monday through Friday, from 6 a.m. to 10 p.m., the bridge opened 
once an hour, on the half hour.
    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.
    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 with the greater 
percentage of the bridge openings occurring on the 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        169
------------------------------------------------------------------------

    The Coast Guard has determined that scheduled bridge openings on 
the hour and half hour 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 Comments and Changes

    The Coast Guard received one comment letter in response to the 
notice of proposed rulemaking and no changes have been made to this 
final rule. The comment letter questioned if the half-hour time 
interval between bridge openings would be enough time for the vehicular 
traffic to return to normal flow. The Coast Guard evaluated the bridge 
opening duration times and the traffic recovery time after bridge 
openings during the 90-day test in the summer of 1999. The average 
bridge opening time during the 1999, test period was five minutes with 
an additional four minutes to restore normal traffic flow over the 
bridge. We believe, as a result of the data and observations made 
during the test period, that openings on request, on the hour and half-
hour, should reduce vehicular traffic delays on Route 1 and still meet 
the reasonable needs of navigation.

Regulatory Evaluation

    This 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. 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; February 26, 
1979). 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 rule would have a significant economic impact 
on a substantial number of small entities. ``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 less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
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.

Collection of Information

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

Federalism

    We have analyzed this rule under Executive Order 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 unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have

[[Page 24640]]

taking implications under Executive Order 12630, Governmental Actions 
and Interference with Constitutionally Protected Property Rights.

Civil Justice Reform

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

Protection of Children

    We have analyzed this rule under Executive Order 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

    The Coast Guard considered the environmental impact of this rule 
and concluded that under figure 2-1, paragraph (32)(e) of Commandant 
Instruction M16475.1C, this 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 
available in the docket for inspection or copying where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons set out in the preamble, the Coast Guard amends 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 to read 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, from 6 a.m. to 10 p.m., the 
draw shall open on signal; except that, from Memorial Day through Labor 
Day, from 6 a.m. to 10 p.m., the draw shall open on signal 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: April 13, 2000.
Robert F. Duncan,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 00-10455 Filed 4-26-00; 8:45 am]
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