Drawbridge Operation Regulations: Danvers River, MA

Discussion

The Beverly Salem SR1A Bridge, mile 0.0, across the Danvers River has been replaced with a fixed bridge. The operating regulations listed at 33 CFR 117.595(b) are now unnecessary and will be removed by this action because the bridge they formerly governed no longer exists. Paragraph (a)(1) is also being removed from Sec. 117.595 because it is now listed at Sec. 117.31 of this chapter and paragraph (a)(4) is being removed because it is redundant. The Essex County Kernwood Bridge is no longer owned and operated by Essex County. It is presently owned and operated by the Massachusetts Highway Department. Its locally known as the Kernwood Bridge. Its name will be changed in the regulations to remove Essex County and call it just the Kernwood Bridge.

Good Cause

The Coast Guard has determined that good cause exists under the Administrative Procedure Act (5 U.S.C. 553) to forego notice and comment for this rulemaking because notice and comment are unnecessary. Notice and comment are unnecessary because the bridge governed in Sec. 117.595(b) no longer exists. The other changes to remove Sec. 117.595(a)(1), which is included in Sec. 117.31, and to change the bridge name to Kernwood Bridge are simply administrative changes for clarity. The Coast Guard, for the reasons just stated, has also determined that good cause exists for this rule to be effective upon publication in the Federal Register.

Regulatory Evaluation

This final 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 not been reviewed 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 bridge governed by the regulations no longer exists.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the Coast Guard considered whether this final rule will have a significant economic impact on a substantial number of small entities. Small entities include small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations less than 50,000. Therefore, for the reasons discussed in the Regulatory Evaluation section above, the Coast Guard certifies under section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), that this final rule will not have a significant economic impact on a substantial number of small entities.

Collection of Information

This final rule does not provide for a collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this final rule in accordance with the principles and criteria contained in Executive Order 12612 and has determined that this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this final rule and concluded that, under Section 2.B.2., Figure 2-1, paragraph (32)(e), of Commandant Instruction M16475.1C, this final rule is categorically excluded from further environmental documentation because promulgation of changes to drawbridge regulations has been found not to have a significant effect on the environment. A written ``Categorical Exclusion Determination'' is not required for this final rule.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations

For the reasons set out in the preamble, the Coast Guard amends 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 is revised to read as follows:

Sec. 117.595 Danvers River.

(a) The requirements in this paragraph apply to all bridges across the Danvers River: (1) The owners of these bridges shall provide and keep in good legible condition clearance gauges for each draw with figures not less than 12 inches high, designed, installed, and maintained according to the provisions of Sec. 118.160 of this chapter. (2) Trains and locomotives shall be controlled so that any delay in opening the draw span shall not exceed ten minutes. However, if a train moving toward the bridge has crossed the home signal for the bridge before the signal requesting opening of the bridge is given, that train may continue across the bridge and must clear the bridge interlocks before stopping. (b) 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 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. (c) The Kernwood Bridge, at mile 1.0, shall open on signal; except that, from May 1 through September 30, midnight to 5 a.m., 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: August 11, 1999. R.M. Larrabee, Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District. [FR Doc. 99-22051 Filed 8-24-99; 8:45 am] BILLING CODE 4910-15-P