[Federal Register Volume 60, Number 191 (Tuesday, October 3, 1995)]
[Rules and Regulations]
[Pages 51727-51728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24524]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-94-149]
RIN 2115-AE47


Drawbridge Operation Regulations; Danvers, MA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard has changed the operating rules governing 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. This final rule will permit the bridge owner, the 
Massachusetts Highway Department (MHD), to reduce the time periods that 
the bridges are crewed and increase the time periods that the bridges 
will be on a one-hour advance notice for openings. This action is being 
taken because there have been historically few requests for bridge 
openings during the time periods that MHD will not crew the bridge and 
require a one-hour advance notice for bridge openings. This change to 
the regulations will relieve the bridge owner of the unnecessary burden 
of having personnel at the bridge during the time periods that have had 
few requests for openings.

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 inthe 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; Danvers River, 
Massachusetts'' in the Federal Register (60 FR 3794). 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 Beverly-Salem SR1A Bridge, 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 crewed by drawtenders and to increase the times when the 
bridges are on one-hour advance notice for openings. This request by 
MHD seeks relief from the unncessary burden of crewing the bridges 
during times of infrequent requests for bridge openings.

Discussion of Comments and Changes

    No comments were received in response to 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 Evaulation, 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 Beverly Salem SR1A Bridge 
and the Essex County Kernwood 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 

[[Page 51728]]
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. In Sec. 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 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: July 5, 1995.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 95-24524 Filed 10-2-95; 8:45 am]
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