Rule2025-20726
Drawbridge Operation Regulation; Bass River, Beverly, MA
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 24, 2025
Effective
November 24, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is modifying the operating schedule that governs the Hall Whitaker Bridge across the Bass River at mile 0.6 in Beverly, Massachusetts. The Hall Whitaker Bridge will remain the closed position while a temporary bridge is constructed and the Hall Whitaker Bridge is demolished and rebuilt. The temporary bridge will also be a fixed bridge and will not be able to open.
Full Text
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<title>Federal Register, Volume 90 Issue 224 (Monday, November 24, 2025)</title>
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[Federal Register Volume 90, Number 224 (Monday, November 24, 2025)]
[Rules and Regulations]
[Pages 52882-52883]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-20726]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2025-0924]
RIN 1625-AA09
Drawbridge Operation Regulation; Bass River, Beverly, MA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is modifying the operating schedule that
governs the Hall Whitaker Bridge across the Bass River at mile 0.6 in
Beverly, Massachusetts. The Hall Whitaker Bridge will remain the closed
position while a temporary bridge is constructed and the Hall Whitaker
Bridge is demolished and rebuilt. The temporary bridge will also be a
fixed bridge and will not be able to open.
DATES: This rule is effective November 24, 2025.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Type the
docket number USCG-2025-0924 in the ``SEARCH'' box and click
``SEARCH''. In the Document Type column, select ``Supporting & Related
Material''.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Gregory P. Hitchen, Northeast District Bridge Program
Manager, U.S. Coast Guard; telephone 571-607-8154, or email
<a href="/cdn-cgi/l/email-protection#44033621232b363d6a146a0c2d30272c212a04313727236a292d28"><span class="__cf_email__" data-cfemail="c483b6a1a3abb6bdea94ea8cadb0a7aca1aa84b1b7a7a3eaa9ada8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this final rule under the authority in 5
U.S.C. 553(b). This provision authorizes an agency to issue a rule
without prior notice and opportunity to comment when the agency for
good cause finds that those procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' Under 5 U.S.C.
553(b), the Coast Guard finds that good cause exists for not publishing
a notice of proposed rulemaking (NPRM) with respect to this rule
because it is impracticable and unnecessary. This bridge is non-
operational and will remain non-operational until rehabilitation work
can be completed.
On September 27, 2025, the Coast Guard issued a General Deviation
which allowed the bridge owner, the Massachusetts Department of
Transportation, to deviate from the current operating schedule in 33
CFR 117.588 to construct a temporary bridge immediately adjacent to the
existing bridge, which was assessed as structurally deficient. Due to
the time required to construct the temporary fixed bridge and demolish
the existing bridge, the project will run past the end date of April
27, 2026, of the General Deviation. The existing bridge cannot be
brought back to operating condition as it has been assessed as
structurally unsound and is scheduled for demolition. In addition, the
temporary bridge placement makes it impossible to fully open the swing
drawbridge. Because the drawbridge must remain closed indefinity
through its demolition, it is impossible to comply with the existing
drawbridge operating schedule and soliciting comments on the operating
schedule change is unnecessary. It is also impracticable to solicit
comments prior to the drawbridge operating schedule change because it
is already permanently closed due to the drawbridge being structurally
unsound.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making it effective in less than 30 days after publication
in the Federal Register. For reasons presented above, delaying the
effective date of this rule would be impracticable and contrary to the
public interest due to the fact that the bridge is currently inoperable
and cannot go back into operation until the rehabilitation work can be
completed.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
499.
The Hall Whitaker Bridge across the Bass River at mile 0.6 in
Beverly, Massachusetts, is a movable swing bridge with a closed
vertical clearance of 4.62 feet and an open vertical clearance of 43.6
feet. The bridge's operating regulations are contained in 33 CFR
117.558.
The Hall Whitaker Bridge was closed to vehicular traffic in June
2022 in response to a substandard load rating. The bridge's structural
deficiencies are beyond repair, and the bridge must be fully replaced.
In preparation for the bridge replacement, a temporary bridge will be
constructed immediately adjacent to the existing bridge, and the
existing bridge will be demolished. During the construction of the
temporary bridge, the existing bridge will be unable to open for marine
traffic.
There is only one waterfront facility, a yacht club, upstream of
the Hall Whitaker Bridge. Bridge openings average 20 per year and are
highly seasonal, concentrated in the Spring and Fall months when larger
vessels move to and from the yacht club for winter storage. As part of
the planning in advance of construction of the temporary bridge,
Massachusetts Department of Transportation has made alternate
arrangements for impacted vessels to reach their winter storage
facility upstream of the Hall Whitaker Bridge.
IV. Discussion of the Final Rule
This rule changes the operating schedule of the Hall Whitaker
Bridge in 117.588(c) to allow the movable span to remain in the closed
position. Previously, this paragraph required the drawbridge to open on
signal if at least
[[Page 52883]]
24 hours' notice was given. Vessels able to pass underneath the bridge
in the closed position will be able to transit. Upon completion of
design and construction of the new bridge, the Coast Guard may propose
a new drawbridge operating schedule, as needed.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders.
A. Impact on Small Entities
The regulatory flexibility analysis provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules that
are not subject to notice and comment. Because the Coast Guard has, for
good cause, waived the notice and comment requirement that would
otherwise apply to this rulemaking, the Regulatory Flexibility Act's
flexibility analysis provisions do not apply here.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), if this rule will affect your
small business, organization, or governmental jurisdiction and you have
questions, contact the person listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments to the Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards by calling 1-888-REG-FAIR (1-888-
734-3247). The Coast Guard will not retaliate against small entities
that question or complain about this rule or any policy or action of
the Coast Guard.
B. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
C. Federalism and Indian Tribal Government
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
D. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
E. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev.1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series) which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The
Coast Guard has determined that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This rule promulgates the operating
regulations or procedures for drawbridges and is categorically excluded
from further review, under paragraph L49, of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1.
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed 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; 33 CFR 1.05-1; and DHS Delegation No.
00170.1, Revision No. 01.3
0
2. Revise and republish Sec. 117.588 to read as follows:
Sec. 117.588 Bass River.
The Hall Whitaker Bridge, mile 0.6 at Beverly, shall operate as
follows:
(a) Public vessels of the United States with proper clearance must
be passed as soon as possible.
(b) The owners of this bridge 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.
(c) The drawspan for the Hall Whitaker Drawbridge will remain in
the closed to navigation position.
M.E. Platt,
Rear Admiral, U.S. Coast Guard, Commander, Northeast Coast Guard
District.
[FR Doc. 2025-20726 Filed 11-21-25; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on November 24, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.