Drawbridge Operation Regulations; Saugus River, MA

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-94-150]

RIN 2115-AE47

Drawbridge Operation Regulations; Saugus River, MA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

[[Page 3792]]

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

governing the Fox Hill SR107 Bridge at mile 2.5 over the Saugus River,

between Saugus and Lynn, Massachusetts. This proposed change will

permit the bridge owner, the Massachusetts Highway Department (MHD), to

reduce the number of hours in a day that the bridge will be manned by

drawtenders and opened on signal. The proposed change also provides

that at all other times drawtenders would be on call for one hour

advance notice openings. This action is being considered in light of

the historically few requests for bridge openings during the time

periods that are proposed for one hour advance notice service.

DATES: Comments must be received on or before March 20, 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 room 628 at the same address between 6:30 a.m. and 3

p.m., Monday through Friday, except federal holidays. The telephone

number is (617) 223-8364. Comments will become part of this docket and

will be available for inspection or copying at the above address.

FOR FURTHER INFORMATION CONTACT:

John W. McDonald, Project Manager, Bridge Branch, (617) 223-8364.

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 (CGD01-94-150), 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 8\1/2\'' x 11'' unbound format suitable for copying and electronic

filing. If that is not practical, a second copy of any bound 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 Commander (obr), First Coast Guard

District at the address listed under ``ADDRESSES.'' The request should

include reasons why a hearing would be beneficial. If it 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 W. McDonald, Project

Manager, Bridge Branch and Lieutenant Commander Samuel R. Watkins,

Project Counsel, District Legal Office.

Background and Purpose

The Fox Hill SR107 Bridge at mile 2.5 between Saugus and Lynn,

Massachusetts, has a vertical clearance of 6' above mean high water

(MHW) and 16' above mean low water (MLW). The existing regulations for

the Fox Hill SR107 Bridge require it to open on signal at all times.

The MHD has requested authority to reduce the times when the bridge

is manned by drawtenders and to provide for one hour advance notice

openings when the bridge is not manned. This request by the MHD seeks

relief from the unnecessary burden of manning the bridge during times

of infrequent requests for bridge openings.

Discussion of Proposed Amendments

The proposed regulations for the Fox Hill SR107 Bridge will require

the draw to open on signal, except that from October 1 through May 31,

7 p.m. to 5 a.m., and all day on December 25 and January 1, the draw

shall open as soon as possible, but not more than one hour, after

notice is given to the drawtenders either at the bridge during the time

the drawtenders are on duty or by calling the number 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, 1970) 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 Fox Hill SR107 Bridge. Rather, it will

only require that mariners 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

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.

For the reasons set out in the preamble, the Coast Guard proposes

to amend 33 CFR part 117 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; 33 CFR 1.05-1(g); section 117.255 also

issues under the authority of Pub. L. 102-587, 106 Stat. 5039.

2. Section 117.618 is amended by adding paragraph (c) to read as

follows:

[[Page 3793]]

Sec. 117.618 Saugus River.

* * * * *

(c) The Fox Hill SR107 Bridge at mile 2.5 shall open on signal,

except that from October 1 through May 31, 7 p.m. to 5 a.m. daily,

and all day on December 25 and January 1, the draw shall open as

soon as possible, but not more than one hour, after notice is given

to drawtenders either at the bridge during the time the drawtenders

are on duty or by calling the number posted at the bridge.

Dated: January 3, 1995.

J.L. Linnon,

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

[FR Doc. 95-1294 Filed 1-18-95; 8:45 am]

BILLING CODE 4910-14-M