[Federal Register Volume 64, Number 164 (Wednesday, August 25, 1999)]
[Rules and Regulations]
[Pages 46274-46275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22051]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD01-99-148]
RIN 2115-AE47
Drawbridge Operation Regulations: Danvers River, MA
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is removing the operating rules for the
Beverly Salem SR1A Bridge, mile 0.0, across the Danvers River between
Beverly and Salem, Massachusetts. The Beverly Salem SR1A Bridge has
been replaced with a fixed bridge. Notice and public procedure have
been omitted from this action because the bridge the regulations
formerly governed no longer exists.
DATES: This final rule is effective August 25, 1999.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at the First Coast Guard District Office, 408
Atlantic Avenue, Boston, Massachusetts, 02110, 7 a.m. to 3 p.m., Monday
through Friday, except Federal holidays. The telephone number is (617)
223-8364.
FOR FURTHER INFORMATION CONTACT: John W. McDonald, Project Officer,
First Coast Guard District, (617) 223-8364.
SUPPLEMENTARY INFORMATION:
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.
[[Page 46275]]
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]
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