[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]



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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.

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[[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