[Federal Register Volume 60, Number 191 (Tuesday, October 3, 1995)]
[Rules and Regulations]
[Pages 51729-51730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24523]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD01-94-150]
RIN 2115-AE47


Drawbridge Operation Regulations; Saugus River, MA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard has changed the operating rules governing the 
Fox Hill SR107 Bridge at mile 2.5 over the Saugus River, between Saugus 
and Lynn, Massachusetts. This final rule will permit the bridge owner, 
the Massachusetts Highway Department (MHD), to reduce the number of 
hours in a day that the bridge will be crewed by drawtenders and opened 
on signal. 

[[Page 51730]]
This final rule also provides that at all other times drawtenders would 
be on call for one hour advance notice openings. This action is being 
taken because there have been few requests for bridge openings during 
the time periods that the MHD proposes to operate the bridge on an on 
call basis. This will relieve the bridge owner of the unnecessary 
burden of having personnel at the bridge at all times.

EFFECTIVE DATE: November 2, 1995.

ADDRESSES: Unless otherwise indicated, documents referred to in this 
preamble are available for copying and inspection at the First Coast 
Guard District, Bridge Branch office located in the Captain John Foster 
Williams Federal Building, 408 Atlantic Ave., Boston, Massachusetts 
02110-3350, room 628, between 6:30 a.m. and 3 p.m., Monday through 
Friday, except federal holidays. The telephone number is (617) 223-
8364.

FOR FURTHER INFORMATION CONTACT: John W. McDonald, Project Manager, 
Bridge Branch, (617) 223-8364.

SUPPLEMENTARY INFORMATION: 

Drafting Information

    The principal persons involved in drafting this final rule are Mr. 
John W. McDonald, Project Officer, Bridge Branch, and Lieutenant 
Commander Samuel R. Watkins, Project Counsel, District Legal Office.

Regulatory History

    On January 19, 1995, the Coast Guard published a notice of proposed 
rulemaking entitled ``Drawbridge Operation Regulations; Saugus River, 
Massachusetts'' in the Federal Register (60 FR 3791). The Coast Guard 
received no comments on the notice of proposed rulemaking. No public 
hearing was requested, and none was held.

Background and Purpose

    The Fox Hill SR107 Bridge, 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 crewed by drawtenders and to increase the times when the bridge is 
on a one (1) hour advance notice for openings. This request by MHD 
seeks relief from the unnecessary burden of crewing the bridge during 
times of infrequent requests for bridge openings.

Discussion of Comments and Changes

    No comments were received on the notice of proposed rulemaking. No 
changes to the proposed rule have been made.

Regulatory Evaluation

    This rule 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 of this 
rule 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 this rule will 
not prevent mariners from passing through the Fox Hill SR107 Bridge, 
but will only require mariners to plan their transits.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this rule will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' may include (1) small businesses and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields and (2) governmental jurisdictions with 
populations of less than 50,000. Because of the reasons discussed in 
the Regulatory Evaluation above, the Coast Guard certifies under 5 
U.S.C. 605(b) that this rule 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 rule under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this rule does not have sufficient federalism implications to warrant 
preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under paragraph 2.B.2.e.(32)(e) of Commandant 
Instruction M16475.1B, this rule 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 is 
amending 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; 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 117.618 is amended by adding paragraph (c) to read as 
follows:


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 the 
drawtenders either at the bridge during the time the drawtenders are on 
duty or by calling the number posted at the bridge.

    Dated: July 17, 1995.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 95-24523 Filed 10-2-95; 8:45 am]
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