[Federal Register Volume 60, Number 12 (Thursday, January 19, 1995)]
[Proposed Rules]
[Pages 3793-3794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1293]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD01-94-149]
RIN 2115-AE47


Drawbridge Operation Regulations; Danvers Rivers, MA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing a change to the regulations 
governing the operation of the Beverly-Salem SR1A bridge at mile 0.0 
between Salem and Beverly, Massachusetts, and the Essex County Kernwood 
Bridge at mile 1.0 between Peabody and Beverly, Massachusetts. Both 
bridges span the Danvers River. These proposed changes will allow the 
bridges' owner, the Massachusetts Highway Department (MHD), to reduce 
the number of hours in a day that the bridges will be manned by 
drawtenders. The changes will permit a corresponding increase in the 
number of hours in a day that the bridges will be unmanned and opened 
only upon one hour advance notice. This action is being proposed in 
light of the historically few requests for bridge openings during the 
time periods that are proposed for expanded 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 Wiliams 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 (CGD01-94-149), the specific section of the 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 Beverly-Salem SR1A Bridge at mile 0.0 between Salem and 
Beverly, Massachusetts, has a vertical clearance of 10' above mean high 
water (MHW) and 19' above mean low water (MLW). The Essex County 
Kernwood Bridge at mile 1.0 between Peabody and Beverly, Massachusetts, 
has a vertical clearance of 8' above MHW and 17' above MLW.
    The MHD has requested authority to reduce the times when the 
bridges are manned by drawtenders and to increase the times when the 
bridges are on a 1 hour advance notice for openings. This request by 
the MHD seeks relief from the unnecessary burden of manning the bridges 
during times of infrequent requests for bridge openings.

Discussion of Proposed Amendments

    Under the proposed regulations for the Beverly-Salem SR1A Bridge, 
from October 1 through April 30, the daily period slated for 1 hour 
advance notice openings would be expanded by 4 hours, from 8 p.m. until 
5 a.m.
    Similarly, under the proposed regulations for the Essex County 
Kernwood Bridge, from October 1 through April 30, the daily period 
slated for 1 hour advance notice openings would be expanded by 5 hours, 
from 7 p.m. until 5 a.m.
    These proposed changes would relieve the MHD of the burden of 
manning the bridges with drawtenders during times of infrequent 
requests for bridge openings. The operating regulations for the MBTA/
AMTRAK Bridge at mile 0.05 would remain unchanged.

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, 1979). 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 Beverly-Salem and Essex County Kernwood 
Bridges. Rather, it will only require mariners to 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.

[[Page 3794]]


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. 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; 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 117.595, paragraphs (a)(4), (b)(1), and (c) are revised 
and paragraph (d) is added to read as follows:


Sec. 117.595  Danvers River.

    (a) * * *
    (4) Except as provided in paragraphs (b) through (d) of this 
section, the draws shall open on signal.
    (b) * * *
    (1) The draw shall open on signal, except that from May 1 through 
September 30, 12 midnight to 5 a.m. and from October 1 through April 
30, 8 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.
* * * * *
    (c) The draw of the Massachusetts Bay Transportation Authority 
(MBTA)/AMTRAK Bridge at mile 0.05 between Salem and Beverly shall open 
on signal, except that from 12 midnight 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.
    (d) The Essex County Kernwood Bridge at mile 1.0 shall open on 
signal, except that from May 1 through September 30, 12 midnight to 5 
a.m. and from October 1 through April 30, 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.

    Dated: January 3, 1995.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 95-1293 Filed 1-18-95; 8:45 am]
BILLING CODE 4910-14-M