[Federal Register: February 23, 2005 (Volume 70, Number 35)]
[Proposed Rules]
[Page 8751-8752]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23fe05-15]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 8751]]
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD01-05-006]
RIN 1625-AA09
Drawbridge Operation Regulations; Mitchell River, MA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the drawbridge operating
regulations governing the operation of the Chatham Highway Bridge, mile
0.2, across the Mitchell River at Chatham, Massachusetts. This proposed
change to the drawbridge operation regulations would require from 4
p.m. to 5 p.m. that only one hour notice be given for a bridge opening
instead of the currently required 12 hours notice from May 1 through
October 31. This rulemaking would also change the on-call contact
information. This action is expected to better meet the reasonable
needs of navigation.
DATES: Comments must reach the Coast Guard on or before April 25, 2005.
ADDRESSES: You may mail comments to Commander (obr), First Coast Guard
District Bridge Branch, 408 Atlantic Avenue, Boston, Massachusetts
02110, or deliver them to the same address between 7 a.m. and 3 p.m.,
Monday through Friday, except Federal holidays. The telephone number is
(617) 223-8364. The First Coast Guard District, Bridge Branch,
maintains the public docket for this rulemaking. Comments and material
received from the public, as well as documents indicated in this
preamble as being available in the docket, will become part of this
docket and will be available for inspection or copying at the First
Coast Guard District, Bridge Branch, 7 a.m. to 3 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: John McDonald, Project Officer, First
Coast Guard District, (617) 223-8364.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments or related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD01-05-
006), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8 \1/2\ by 11 inches, suitable for copying. If you would like to know
if they reached us, please enclose a stamped, self-addressed postcard
or envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the First Coast Guard District,
Bridge Branch, at the address under ADDRESSES explaining why one would
be beneficial. If we determine that one would aid this rulemaking, we
will hold one at a time and place announced by a later notice in the
Federal Register.
Background
The Chatham Highway Bridge has a vertical clearance in the closed
position of 8 feet at mean high water and 12 feet at mean low water.
The existing drawbridge operation regulations are listed at 33 CFR
117.607.
The Town of Chatham, the owner of the bridge, asked the Coast Guard
to change the drawbridge operation regulations for the Chatham Highway
Bridge to extend the one-hour advance notice requirement to include the
4 p.m. to 5 p.m. hour, May 1 through October 31. The existing
regulations require the bridge to open on signal after a one-hour
advance notice is given between 8 a.m. and 4 p.m. This proposed rule
would extend that one-hour advance notice requirement to include the 4
p.m. to 5 p.m. time during May through October.
Also, the on-call contact person would be changed from the duty
officer at the Chatham Police Department to the Chatham Harbormaster at
the Chatham Harbormasters Department.
Discussion of Proposal
This proposed change would revise 33 CFR 117.607, which lists the
operating regulations for the Chatham Highway Bridge. This proposed
change would require the bridge to open on signal after a one-hour
advance notice is given, May 1 through October 31, between 8 a.m. and 5
p.m., by calling the Chatham Harbormasters Department.
The draw would continue to open from 5 p.m. to 8 a.m., May 1
through October 31, after a 12-hour advance notice is given and all day
from November 1 through April 30, after a 24-hour advance notice is
given.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under 6(a)(3) of that Order. The Office of Management and Budget has
not reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation, under paragraph 10e of the
regulatory policies and procedures of DHS, is unnecessary.
This conclusion is based on the fact that the bridge will open
after a one-hour advance notice from 8 a.m. to 5 p.m. for vessel
traffic from May 1 through October 31.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Coast Guard certifies under section 5 U.S.C. 605(b), that this
proposed rule would not have a
[[Page 8752]]
significant economic impact on a substantial number of small entities.
This conclusion is based on the fact that the bridge will open an
additional hour each day for vessel traffic from May 1 through October
31.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
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 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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.
To help the Coast Guard establish regular and meaningful
consultation and collaboration with Indian and Alaskan Native tribes,
we published a notice in the Federal Register (66 FR 36361, July 11,
2001) requesting comments on how to best carry out the Order. We invite
your comments on how this proposed rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies. This proposed rule does not use technical standards.
Therefore, we did not consider the use of voluntary consensus
standards.
Environment
We considered the environmental impact of this proposed rule and
concluded that, under figure 2-1, paragraph (32)(e), of Commandant
Instruction M16475.1d, this proposed rule is categorically excluded
from further environmental documentation because promulgation of
drawbridge regulations have been found not to have a significant effect
on the environment. A written ``Categorical Exclusion Determination''
is not required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons set out in the preamble, the Coast Guard proposes
to amend 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; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
2. Section 117.607 is revised to read as follows:
Sec. 117.607 Mitchell River.
The Chatham Highway Bridge, at mile 0.2, at Chatham, Massachusetts,
shall operate as follows:
(a) From May 1 through October 31, the draw shall open on signal
from 8 a.m. to 5 p.m., if at least one hour notice is given and from 5
p.m. to 8 a.m. the draw shall open on signal if at least 12 hours
notice is given by calling the Chatham Harbormasters Department.
(b) From November 1 through April 30, the draw shall open on signal
if at least a 24-hour advance notice is given by calling the Chatham
Harbormasters Department.
Dated: February 2, 2005.
John L. Grenier,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 05-3413 Filed 2-22-05; 8:45 am]
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