PORTSMOUTH — The possibility of a future toll on the Sakonnet River Bridge remains open because federal highway officials say they won’t rescind a 2013 decision that approved the levy.

Although a toll on the bridge was implemented in August 2013, it went away in June 2014 in the face of local opposition and the gantry was removed in February 2016. 

Town officials, however, say the door is still open for a future toll due to a revised record of decision (ROD) issued in April 2013 by the Federal Highway Administration (FHWA) that approved the implementation of a levy on the bridge. 

On Jan. 18, Town Administrator Richard Rainer, Jr. sent a letter to state and federal highway officials, reiterating what local officials first declared back in 2013: The implementation of tolls on the bridge are illegal under federal law. The town requested the ROD be rescinded, and that a notice be published in the Federal Register stating that any future tolling proposals comply with the environmental review requirements of the National Environmental Policy Act (NEPA) and applicable regulations.

The letter was addressed to Carlos C. Machado, division administrator of the FHWA; Peter Alviti, Jr., director of the R.I. Department of Transportation (RIDOT); and Buddy Croft, executive director of the R.I. Turnpike and Bridge Authority (RITBA).

The town didn’t hear back from any of the parties by Feb. 25, when the Town Council authorized Town Solicitor Kevin Gavin to file a federal lawsuit against state and federal highway officials to challenge the legality of the toll.

Last week, however, the town finally received a response — from Mr. Machado.

“As you are aware, in June 2014, the Rhode Island General Assembly enacted legislation which prohibited tolling on the Sakonnet River Bridge. With the enactment of that law, the issue of tolling on the Sakonnet River Bridge became moot,” Mr. Machado said in his March 7 letter to Mr. Rainer.

Despite that, Mr. Machado said FHWA couldn’t rescind the order.

“However, neither the legislature’s actions nor the court decision invalidated FHWA’s 2013 ROD. As the Rhode Island Department of Transportation is the project sponsor and joint lead agency for the NEPA process, and have not requested FHWA rescind the Revised ROD, nor is seeking any new FHWA approval in reliance on the Revised ROD, FHWA will not do so unilaterally,” Mr. Machado stated.

No comment

RIDOT still hasn’t responded to the town’s Jan. 18 letter and remains tight-lipped on the matter.

“Due to potential litigation against the state, RIDOT is not commenting,” spokesman Charles St. Martin III stated in an e-mail on Tuesday.

Via e-mail, Mr. Gavin said he found RIDOT’s response “perplexing” since the purpose of Mr. Rainer’s Jan. 18 letter was to avoid potential litigation, “and most likely all that would need to happen to avoid such litigation is for RIDOT simply to request the FHWA to rescind the Revised ROD.”

He said Mr. Croft, of RITBA, has indicated to Mr. Rainer that his agency is also not the decision-maker when it comes to rescinding the Revised ROD.

“It seems to me that these three agencies are playing a shell game,” Mr. Gavin said. 

The Town of Portsmouth still intends to file suit to challenge the legality of the Revised ROD unless the state cooperates and asks the FHWA to issue and record a formal rescission, he said.