[Federal Register Volume 60, Number 205 (Tuesday, October 24, 1995)]
[Rules and Regulations]
[Pages 54430-54431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26259]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-94-057]


Drawbridge Operation Regulations; Plum Island River, MA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the operating rules governing the 
Plum Island Bridge at mile 3.3, over the Plum Island River between 
Newburyport and Plum Island, Massachusetts, by requiring advance notice 
for openings at all times. This action is being taken 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.

EFFECTIVE DATE: November 24, 1995.

ADDRESSES: 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 December 12, 1994, the Coast Guard published a notice of 
proposed rulemaking entitled ``Drawbridge Operation Regulations; Plum 
Island River, Massachusetts'' in the Federal Register (59 FR 63943). 
The Coast Guard received no letters commenting on the notice of 
proposed rulemaking. No public hearing was requested, and none was 
held.

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). 
This final rule 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 has been a decrease in requests for bridge openings during 
the last several years at the Plum Island Bridge. As a result of this 
decreasing demand for bridge openings, the Massachusetts Highway 
Department asked the Coast Guard to change the operating rules to allow 
the bridge to operate on advance notice at all times.

Discussion of Comments and Changes

    The Coast Guard received no comments on the notice of proposed 
rulemaking. Therefore, no changes to the proposed rule were 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 
final 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 the regulation 
will not prevent mariners 

[[Page 54431]]
from passing through the Plum Island 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 final 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 117.615 is revised to read as follows:


Sec. 117.615  Plum Island River.

    The draw of the Plum Island Turnpike Bridge, mile 3.3 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: July 6, 1995.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 95-26259 Filed 10-23-95; 8:45 am]
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