[Federal Register Volume 60, Number 12 (Thursday, January 19, 1995)]
[Proposed Rules]
[Pages 3791-3793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1294]
=======================================================================
-----------------------------------------------------------------------
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
