# Drawbridge Operation Regulations; Merrimack River, MA > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-30480 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** December 12, 1994 ## Text 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. ----------------------------------------------------------------------- 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] BILLING CODE 4910-14-M --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-30480. Public record. Not legal advice.