Drawbridge Operation Regulations; Merrimack River, MA

DEPARTMENT OF TRANSPORTATION

33 CFR Part 117

[CGD01-94-094]

RIN 2115-AE47

Drawbridge Operation Regulations; Merrimack River, MA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is considering a change to the regulations

governing the Newburyport US1 Bridge over the Merrimack River, mile

3.4, in Newburyport, Massachusetts, by requiring a one hour advance

notice for openings during the winter months. This is being proposed

because the waterway is often frozen during the winter and there have

been few requests for bridge openings. This will relieve the bridge

owner of the burden of posting personnel at the bridge during the

winter months.

DATES: Comments must be received on or before February 10, 1995.

ADDRESSES: Comments should be mailed to Commander (obr), First Coast

Guard District, Captain John Foster Williams Federal Building, 408

Atlantic Ave., Boston, Massachusetts 02110-3350. Comments may also be

hand-delivered to this address. The comments and other materials

referenced in this notice will be available for inspection and copying

by appointment at the Captain John Foster Williams Federal Building,

Room 628, 408 Atlantic Avenue, Boston, Massachusetts. Normal office

hours are between 6:30 a.m. and 3 p.m., Monday through Friday, except

Federal holidays.

FOR FURTHER INFORMATION CONTACT:

William C. Heming, Bridge Administrator, First Coast Guard District,

(212) 668-7170.

SUPPLEMENTARY INFORMATION:

Request for Comments

Interested persons are invited to participate in this rulemaking by

submitting written views, comments, data, or arguments. Persons

submitting comments should include their names and addresses, identify

this rulemaking (CGD01-94-094), the specific section of this proposal

to which each comment applies, and gives reasons for each comment. The

Coast Guard requests that all comments and attachments be submitted in

an unbound format suitable for copying and electronic filing. If not

practical, a second copy of any bounded material is requested. Persons

desiring acknowledgment that their comments have been received should

enclose a stamped self-addressed post card or envelope.

The Coast Guard will consider all comments received during the

comment period and it may change this proposal in light of comments

received. The Coast Guard plans no public hearing. Persons may request

a public hearing by writing to Commander (obr), First Coast Guard

District at the address listed under ADDRESSES. The request should

include reasons why a hearing would be beneficial. If the Coast Guard

determines that the opportunity for oral presentations will aid this

rulemaking, the Coast Guard will hold a public hearing at a time and

place announced by a later notice in the Federal Register.

Drafting Information

The drafters of this notice are Mr. John McDonald, First Coast

Guard District Bridge Branch, Project Manager and Lieutenant Commander

S.R. Watkins, First Coast Guard District Legal Office, Project Counsel.

Background and Purpose

The Newburyport US1 Bridge over the Merrimack River in Newburyport,

Massachusetts has a vertical clearance of 35' above mean high water

(MHW) and 42' above mean low water (MLW). The Merrimack River is frozen

during most of the winter and there have been few requests for bridge

openings during this period. The existing regulations require the

bridge to open on signal from May 1 to October 31, 6 a.m. to 10 p.m.

The proposed regulations will extend the period during which the bridge

will open on signal: from May 1 to November 15, from 6 a.m. to 10 p.m.

The proposed regulation also will require at least a one hour advance

notice for openings at all other times.

Discussion of Proposed Amendments

The Massachusetts Highway Department (MHD) has requested a change

to the existing operating regulations in 33 CFR Sec. 117.605 which

allow the Newburyport US1 Bridge to open on signal from May 1 through

October 31 from 6 a.m. to 10 p.m. and from November 1 to April 30 from

8 a.m. to 5 p.m. At all other times the draw shall open if at least a

one hour advance notice is given. The proposed regulations will permit

the draw to open on signal from May 1 to November 15, from 6 a.m. to 10

p.m. At all other times the draw will open on signal if at least one

hour advance notice is given by calling the number posted at the

bridge. This change to the regulations is being proposed due to

frequent waterway freezing during the winter months coupled with

infrequent requests for openings. The proposed change to the regulation

will relieve the bridge owner of the burden of posting personnel at the

bridge during the winter months. The drawtenders will be on call to

open the draw when the advance notice is given to the highway

department by calling the number that will be posted at the bridge.

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 FR 11040;

February 26, 1979). The Coast Guard expects the economic impact 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 regulation will not prevent

mariners from transiting the US1 Bridge. It will require only that

mariners plan their transits around the new operating hours.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard must consider whether this action 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). Because of the reasons discussed in the Regulatory

Evaluation above, the Coast Guard certifies under 5 U.S.C. 605(b) that

this action, if adopted, 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 proposal in accordance with the

principles and criteria contained in Executive Order 12612, and it has

been determined that this proposed regulation does not have sufficient

federalism implications to warrant preparation of a Federalism

Assessment.

Environment

The Coast Guard considered the environmental impact of this

proposal and concluded that, under section 2.B.2.e.(32)(e) of

Commandant Instruction M16475.1B, this proposal 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.

Regulations

In consideration of the foregoing, the Coast Guard proposes to

amend part 117 of title 33, Code of Federal Regulations, 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, paragraph (a) is revised and paragraph (d) is

added as follows:

Sec. 117.605 Merrimack River.

(a) The draw of the Newburyport US1 Bridge, mile 3.4, shall open on

signal from May 1 through November 15, from 6 a.m. to 10 p.m. At all

other times the draw shall open on signal if at least one hour advance

notice is given by calling the number posted at the bridge.

* * * * *

(d) The owners 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

according to the provisions of Sec. 118.160 of this chapter.

Dated: December 2, 1994.

R.R. Clark,

Captain, U.S. Coast Guard, Acting Commander, First Coast Guard

District.

[FR Doc. 94-30480 Filed 12-9-94; 8:45 am]

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