Drawbridge Operation Regulations; Danvers, MA

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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