50508 Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Rules and Regulations

shall comply with all directions given;

failure to do so may result in a citation.

(3) The Patrol Commander is

empowered to forbid and control the

movement of all vessels in the regulated

area. The Patrol Commander may

terminate the event at any time it is

deemed necessary for the protection of

life and/or property and can be reached

on VHF–FM Channel 16 by using the

call sign PATCOM.

(c) Effective Date: This section is

effective from 8 a.m. to 5 p.m.

September 27, 1997.

Dated: September 19, 1997.

T.W. Josiah,

Rear Admiral, U.S. Coast Guard Commander,

Eighth Coast Guard District.

[FR Doc. 97–25598 Filed 9–25–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01–97–022]

RIN 2115–AE47

Drawbridge Operation Regulations;

Manchester Harbor, MA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard has changed

the operating rules for the

Massachusetts Bay Transportation

Authority (MBTA) Bridge over

Manchester Harbor in Manchester,

Massachusetts. The mariners located in

the vicinity of the MBTA Bridge and the

Manchester Harbormaster requested

longer operating hours for the bridge

during the summer boating season. This

change to the regulations will require

the bridge owner to crew the bridge for

eight additional hours each day from

Memorial Day through the end of

September, to install clearance gauges

and to post the regulations for the

operation of the bridge.

DATES: This final rule is effective

October 27, 1997.

ADDRESSES: Unless otherwise indicated,

documents referred to in this preamble

are available for inspection or copying

at the office of Commander (obr), First

Coast Guard District, 408 Atlantic

Avenue, Boston, Massachusetts, 02110,

between 7 a.m. and 4 p.m. Monday

through Friday, except Federal holidays.

The telephone number is (617) 223–

8364.

FOR FURTHER INFORMATION CONTACT:

John McDonald, Project Manager, First

Coast Guard District, (617) 223–8364.

SUPPLEMENTARY INFORMATION:

Regulatory History

On June 14, 1994, the Coast Guard

published a temporary 90 day deviation

(59 FR 30524) from the effective

operating regulations to evaluate

changes to the operating rules during

the 1994 boating season. The Coast

Guard received one letter opposing the

proposal and nine letters in favor of

increasing the operating hours for the

bridge during the boating season. On

July 17, 1995, the Coast Guard

published a temporary final rule with a

request for comments (60 FR 36357)

which tested an alternate operating

schedule for the bridge. The Coast

Guard received 20 letters from mariners.

Three petitions with a total of 40

signatures, a letter from Manchester

Harbor Marina, and a letter from the

Manchester Harbor Boat Club with 200

members were also received. All

comments requested that the operating

rules be changed to require the bridge to

open on signal from 7 a.m. to 11 p.m.

each day, Memorial Day through the

end of September. On April 11, 1997,

the Coast Guard published a notice of

proposed rulemaking with a request for

comments (62 FR 17762) to permanently

change the operating hours to 7 a.m. to

11 p.m. Memorial Day to the end of

September. No additional comments

were received as a result of the April

1997, proposal.

Background and Purpose

The Manchester MBTA Bridge was

formerly owned and operated by the

Boston and Maine Railroad. The present

owner of the bridge is the MBTA. The

existing operating regulations are

published at 33 CFR 117.603 and

require that the bridge be crewed from

1 April through 1 November from 9 a.m.

to 6 p.m., with a one hour lunch closure

between 1 p.m. and 2 p.m. daily.

The Coast Guard received a request in

May 1994, from the Manchester

Harbormaster/Chief of Police and

several mariners located upstream of the

bridge to extend the hours that the

Manchester MBTA Bridge is crewed

during the boating season. The June

1994 temporary deviation extended the

hours that the bridge was crewed by an

additional five hours a day during the

boating season. It required the bridge to

be crewed from 8 a.m. to 9 p.m. daily

and eliminated the one hour lunch hour

closure from 1 p.m. to 2 p.m. each day.

The Coast Guard asked for comments at

the close of the 90 day deviation period.

The Coast Guard received only one

letter during the comment period that

closed October 31, 1994. The MBTA, the

bridge owner, opposed the proposal to

extend the operating hours of the bridge.

Their objection was based upon the

additional cost of $16,000 to crew the

bridge during the deviation period. The

Coast Guard requested additional data

and actual copies of the bridge logs to

analyze the impact of the deviation. The

data was never provided.

Several comments were received after

the comment period closed. The

comments included seven petition

letters, one letter representing forty-five

boat owners located upstream of the

bridge at the Manchester Harbor Marina,

and one letter from the Manchester

Harbormaster/Chief of Police. All the

letters were strongly in favor of

increasing the operating hours for the

bridge.

The July 1995, temporary final rule

increased the period that the bridge

opened on signal by three hours, from

6 p.m. to 9 p.m., each day during the

boating season. As noted in the

Regulatory History section above, all the

letters received in response to the rule

were in favor of permanently changing

the operating regulations to require that

the bridge be crewed from 7 a.m. to 11

p.m. each day from Memorial Day

through the end of September. The

mariners requested the extended bridge

operating hours so that they could get

underway earlier in the summer

mornings and return to their moorings

after a day trip or their evening racing

and sailing.

One letter from the bridge owner, the

MBTA, opposed the proposal requesting

that the hours remain unchanged. The

MBTA objected to the extra operating

hours based upon a claim that there was

a $27,000 additional cost to crew the

bridge during the 1995 test period.

Copies of the bridge logs were not

submitted as requested.

On April 30, 1996, the Coast Guard

implemented another temporary final

rule with a request for comments (61 FR

18946) requiring the bridge to be crewed

from 7 a.m. to 11 p.m. each day

Memorial Day through the end of

September. On May 7, 1996, the Coast

guard sent a letter to the MBTA

requiring them to post a sign

summarizing the temporary regulations

and maintain a bridge log for the 1996

test period. The MBTA was asked to

provide bridge logs and operating cost

data to the Coast Guard no later than

October 31, 1996, for consideration of

impacts upon the MBTA. The Coast

Guard received one letter from a

mariner in favor the temporary

regulation. A review of the bridge logs

provided by MBTA for the 1996 test

period indicated that there was an

average of 247 additional openings per

month for the hours 7 a.m. to 11 p.m.
Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Rules and Regulations 50509

during June, July and August 1996.

Thirty-five additional openings during

these hours were logged for September,

1996. The MBTA submitted a letter

indicating an additional operating cost

of $41,459 for the period May 30 to

September 30, 1996. On April 11, 1997,

the Coast Guard published a notice of

proposed rulemaking (62 FR 17762) to

permanently change the operating hours

for the Manchester MBTA Bridge to 7

a.m. to 11 p.m. Memorial Day to the end

of September. No additional comments

have been received in response to the

notice of proposed rulemaking.

Discussion of Comments and Changes

Upon review of the comments from

all the test periods, the Coast Guard

believes that the operating hours for the

bridge should be permanently changed.

The mariners specifically requested,

after several alternative schedules, that

the bridge be crewed from 7 a.m. to 11

p.m. each day during the prime boating

season, Memorial Day through the end

of September. The bridge logs also

indicated that there were significant

additional openings as a result of the

longer operating hours for the bridge;

therefore, the Coast Guard is changing

the operating hours for the Manchester

MBTA Bridge. This final rule change

will amend section 117.603 to require

the Manchester MBTA Bridge to open

on signal between 7 a.m. and 11 p.m.

from Memorial Day through September

30 each year. The hours that the bridge

is crewed from April 1 to Memorial Day

and from October 1 through November

1 would remain 9 a.m. to 1 p.m. and 2

p.m. to 6 p.m.

It is the Coast Guard’s policy in the

interest of protecting the needs of

navigation to assure that drawbridges

are operated in such a manner that they

are a minimum obstruction to waterway

traffic while at the same time still

providing for the reasonable needs of

land traffic. Under that policy

drawbridges shall be operated in a

manner and under operating rules and

regulations that are in the overall public

best interest by pursuing balanced

operating schedules. Under the existing

operating rules for the Manchester

MBTA Bridge, the needs of navigation

were clearly not being satisfied as

evidenced by the comments from the

mariners and the documented increased

openings as a result of the 1996

temporary final rule. The Coast Guard

responded to all the MBTA’s

submissions, but believes the increase

in the operating hours for a four month

period each year will allow the mariners

to enjoy the prime boating season and

best serve the public interest by

balancing the needs of the boating

public against the needs of rail traffic

and operating costs. The expanded

operating schedule will allow the

mariners to depart earlier and return

later each day during the prime boating

season. The previous hours clearly did

not meet the needs of navigation as a

result of the bridge not opening until 9

a.m. and closing at 6 p.m. during the

boating season.

The Coast Guard has also changed the

advance notice requirements of the

Manchester MBTA Bridge by

establishing a four hour advance notice

requirement for openings during all

periods when the bridge is not

scheduled to be crewed.

The Coast Guard determined that

clearance gauges should be installed

and maintained for the safety of

navigation to assist mariners in

determining whether they can safely

pass under the bridge without an

opening during periods when the bridge

is not crewed. The final rule requires

the bridge owner to post the operating

regulations to assist mariners interested

in transiting under the bridge by posting

the operating schedule of the bridge.

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. 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 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

bridges must operate in accordance with

the needs of navigation while providing

for the reasonable needs of land

transportation. This rule adopts the

operating hours which the Coast Guard

believes to be appropriate based on the

results of previous test periods and

public comments. The Coast Guard

believes this rule achieves the

requirement of balancing the

navigational rights of recreational

boaters and the needs of land based

transportation.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

considered whether this proposal will

have a significant economic impact 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. For

the reasons discussed in the Regulatory

Evaluation section above, the Coast

Guard certifies under section 605(b) of

the Regulatory Flexibility Act that this

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 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 rule will

economically affect it.

Collection of Information

This 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

rule in accordance with the principles

and criteria contained in Executive

Order 12612 and has determined that

this 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 rule and

concluded that, under section

2.B.2.e.(32)(e) of Commandant

Instruction M16475.1B, this rule is

categorically excluded from further

environmental documentation. 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.

Regulation

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR part 117 as follows:

PART 117—[AMENDED]

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. Revise § 117.603 to read as follows:
50510 Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Rules and Regulations

§ 117.603 Manchester Harbor.

The Massachusetts Bay

Transportation Authority Bridge at mile

1.0 in Manchester, shall operate as

follows:

(a) The draw shall open on signal—

(1) From Memorial Day through

September 30 from 7 a.m. to 11 p.m.;

(2) From April 1 to Memorial Day and

from October 1 to November 1 from 9

a.m. to 1 p.m. and 2 p.m. to 6 p.m.

(b) At all other times, the draw shall

open on signal with at least four hours

notice.

(c) The owner of this bridge shall

provide and keep in good legible

condition, clearance gauges for each

draw with figures not less than twelve

(12) inches high designed, installed and

maintained in accordance with the

provisions of section 118.160 of this

chapter.

§ 117.604 [Removed]

3. Section 117.604 is removed.

Dated: August 17, 1997.

R.M. Larrabee,

Rear Admiral, U.S. Coast Guard, Commander,

First Coast Guard District.

[FR Doc. 97–25601 Filed 9–25–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD13–97–027]

Safety Zone Regulation;

Commencement Bay Maritime Festival

Tugboat Races, Commencement Bay,

Tacoma, WA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a safety zone during the

Commencement Bay Maritime Festival

Tugboat Races held on Commencement

Bay in Tacoma, WA. This event will be

held on Sunday, September 28, 1997,

from 12:30 p.m. to 3:30 p.m. (PDT). The

Coast Guard, through this action,

intends to promote the safety of

spectators and participants in this event.

Entry into the safety zone will be

prohibited during the event in order to

keep spectator vessels from interfering

with the races and to prevent damage

that may be caused by the large wakes

produced by the tugboats during the

races.

DATES: This regulation becomes

effective on September 28, 1997, at

12:30 p.m. and will terminate at 3:30

p.m. (PDT) that same day, unless sooner

terminated by the Captain of the Port.

FOR FURTHER INFORMATION CONTACT: LT

Joel Roberts, c/o Commanding Officer,

Coast Guard Marine Safety Office, 1519

Alaskan Way South, Seattle,

Washington 98134, (206) 217–6232.

SUPPLEMENTARY INFORMATION:

Regulatory History

Pursuant to 5 U.S.C. 553, a notice of

proposed rulemaking has not been

published for this regulation and good

cause exists for making it effective less

than 30 days from the date of

publication in the Federal Register. The

final details of this event were not

available from its sponsor more than 30

days prior to the event. Prompt

regulatory action is needed in order to

provide for the safety of spectators and

participants during this event. If normal

notice and comment procedures were

followed, this rule would not become

effective until after the date of the event.

For this reason, following normal

rulemaking procedures in this case

would be impracticable and contrary to

the public interest.

Background and Purpose

The Tug Boat Races are sponsored by

the Commencement Bay Maritime

Festival Committee as part of the

Commencement Bay Maritime Festival

and will be conducted on the waters of

Commencement Bay, Tacoma, WA. This

one day event attracts a large number of

spectator craft which gather on the

waters near the race course. To promote

the safety of both the spectators and

participants, a safety zone will be

established and entry into this safety

zone will be restricted during the event.

This action is necessary in order to keep

spectators off of the race course and to

prevent any damage to spectator vessels

that may be caused by the large wakes

produced by the tugs during the races.

This safety zone will be enforced by

representatives of the Captain of the

Port Puget Sound, Seattle, Washington.

The Captain of the Port may be assisted

by other federal, state, and local

agencies.

Regulatory Evaluation

This proposal 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. It has been exempted from review

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 CFR 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

expectation is based on the fact that the

safety zone will involve less than one

square mile of area on Commencement

Bay and entry into this zone will be

restricted for only 3 hours on the day of

the event.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this proposal

will have a significant economic impact

on a substantial number of small

entities. ‘‘Small entities’’ include

independently owned and operated

small businesses that are not dominant

in their field and that otherwise qualify

as ‘‘small business concerns’’ under

section 3 of the Small Business Act (15

U.S.C. 632). For the reasons outlined in

the Regulatory Evaluation above, the

Coast Guard expects the impact to be

minimal on all entities. Therefore, the

Coast Guard certifies under 5 U.S.C.

605(b) that this final rule will not have

a significant economic impact on a

substantial number of small entities.

Collection of Information

This rule contains no collection of

information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.)

Federalism

The Coast Guard has analyzed this

final rule in accordance with the

principles and criteria contained in

Executive Order 12612 and has

determined that this final rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Environmental Assessment

The Coast Guard has considered the

environmental impact of this rule and

has concluded that under Section

2.B.2.c. of Commandant Instruction

M16475.1B, it is categorically excluded

from further environmental

documentation.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Final Regulation

For the reasons set out in the

preamble, the Coast Guard amends part