[Federal Register Volume 60, Number 228 (Tuesday, November 28, 1995)]
[Rules and Regulations]
[Pages 58518-58519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29047]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-94-094]
RIN 2115-AE47


Drawbridge Operation Regulations; Merrimack River, MA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the operating rules governing the 
Newburyport US1 Bridge at mile 3.4, over the Merrimack River in 
Newburyport, Massachusetts, by requiring a one hour advance notice for 
openings during the winter months. This rule is being changed because 
the waterway is often frozen during the winter and there have been few 
requests for bridge openings. This will relieve the bridge owner of the 
burden of posting personnel at the bridge during the winter months.

EFFECTIVE DATE: December 28, 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; Merrimack 
River, Massachusetts'' in the Federal Register (59 FR 63944). 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 Newburyport US1 Bridge over the Merrimack River in Newburyport, 
Massachusetts has a vertical clearance of 35' above mean high water 
(MHW) and 42' above mean low water (MLW). The Merrimack River is frozen 
during most of the winter and there have been few requests for bridge 
openings during this period. The previous rule required the bridge to 
open on signal from May 1 to October 31, 6 a.m. to 10 p.m. This final 
rule will extend the period during which the bridge will open on 
signal: from May 1 to November 15, from 6 a.m. to 10 p.m. This final 
rule will require at least a one hour advance notice for openings at 
all other 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 
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 Newburyport US1 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 117.605 is amended by revising paragraph (a) to read as 
follows:


Sec. 117.605  Merrimack River.

    (a) The draw of Newburyport US1 Bridge, mile 3.4, shall open on 
signal from May 1 through November 15, from 6 a.m. to 10 p.m. At all 
other times the draw shall open on signal if at least one hour advance 
notice is given by calling the number posted at the bridge.
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[[Page 58519]]

    Dated: July 6, 1995.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 95-29047 Filed 11-27-95; 8:45 am]
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