Drawbridge Operation Regulations; Plum Island River, MA

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-94-057]

RIN 2115-AE47

Drawbridge Operation Regulations; Plum Island 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 Plum Island Bridge over the Plum Island River between

Newburyport and Plum Island, Massachusetts, by requiring advance notice

for openings at all times. This action is being proposed because there

have been increasingly fewer requests for bridge openings in recent

years. This will relieve the bridge owner of the unnecessary burden of

having personnel at the bridge at all times.

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 (CGD01-94-057), the specific section of this proposal

to which each comment applies, and give 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 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 the 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 Plum Island Bridge over the Plum Island River between

Newburyport and Plum Island, Massachusetts has a vertical clearance of

13' above mean high water (MHW) and 21' above mean low water (MLW). The

proposed regulations will permit the bridge to open on signal April 1

to November 30; 5 a.m. to 9 p.m., if at least one hour advance notice

is given. At all other times the draw will open on signal if at least

three hours advance notice is given. There were few requests for

openings during 1993 (48) and 1992 (75). The Plum Island River is not

navigable except during high tide.

Discussion of Proposed Amendments

The Massachusetts Highway Department has requested a change to the

present operating regulations in 33 CFR 117.615 which allow the Plum

Island Bridge to open on signal from April 1 through November 30,

during daylight hours, two hours before to two hours after high tide.

At all other times the draw shall open on signal if at least three

hours notice is given. The proposed regulations will permit the draw to

open on signal April 1 to November 30; 5 a.m. to 9 p.m., if at least

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

bridge. At all other times the draw will open on signal if at least

three hours advance notice is given. This change to the regulations is

being proposed due to the infrequent requests for openings. The

proposed change to the regulations will relieve the bridge owner of the

burden of having personnel at the bridge at all times. The change to

specific operating hours will help avoid any confusion that occurred

regarding actual sunrise and sunset. Additionally, the restriction from

two hours before and two hours after high tide has been removed. If the

mariners are able to transit the waterway they may request an opening

so long as they provide the required advance notice to the highway

department. The drawtenders will be on call to open the draw when the

advance notice is given.

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 Plum Island Bridge. Rather, it will only

require mariners to plan their transits and provide advance notice.

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 117.615 is revised to read as follows:

Sec. 117.615 Plum Island River.

The draw of the Plum Island Turnpike Bridge, mile 0.1 between

Newburyport and Plum Island, shall operate as follows:

(a) From April 1 through November 30; 5 a.m. to 9 p.m., the draw

shall open on signal if at least one hour advance notice is given by

calling the number posted at the bridge. At all other times the draw

shall open on signal if at least three hours advance notice is given.

(b) 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. 94-30481 Filed 12-9-94; 8:45 am]

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