[Federal Register: March 29, 2005 (Volume 70, Number 59)]
[Rules and Regulations]
[Page 15765-15767]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29mr05-13]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD01-04-143]
RIN 1625-AA09
Drawbridge Operation Regulations: Taunton River, MA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard has changed the drawbridge operation
regulations that govern the operation of the Brightman Street Bridge,
mile 1.8, across the Taunton River between Fall River and Somerset,
Massachusetts. This final rule allows the bridge to remain closed for
the passage of pleasure craft traffic from 7 a.m. to 9:30 a.m. and 4
p.m. to 6:30 p.m., Monday through Friday, except holidays, from June 1
through August 31. The draw shall open on signal at all times for
commercial vessel traffic. This action is expected to help relieve
vehicular traffic delays during the morning and afternoon commuter time
periods while continuing to meet the reasonable needs of navigation.
DATES: This rule is effective April 28, 2005.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket (CGD01-01- ) and are available for inspection or
copying at the First Coast Guard District, Bridge Branch Office, 408
Atlantic Avenue, Boston, Massachusetts, 02110, between 7 a.m. and 3
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. John W. McDonald, Bridge
Administrator, First Coast Guard District, (617) 223-8364.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On December 15, 2004, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulations; Taunton River,
Massachusetts, in the Federal Register (69 FR 75013). We received no
comments in response to the notice of proposed rulemaking. No public
hearing was requested and none was held.
Background and Purpose
The Brightman Street Bridge has a vertical clearance in the closed
position of 27 feet at mean high water and 31 feet at mean low water.
The existing drawbridge operation regulations are listed at 33 CFR
117.619(b).
The Town of Somerset and the Massachusetts State Police asked the
Coast Guard and the bridge owner, Massachusetts Highway Department, for
assistance with vehicular traffic delays resulting from unregulated
bridge openings during the morning and afternoon rush hours at the
Brightman Street Bridge.
The Coast Guard, in response to the above request, issued a
temporary deviation from the drawbridge operation regulations (69 FR
35244) on June 24, 2004, with a request for public comment.
The temporary deviation was in effect for a period of 90 days to
test an alternate operation schedule which is the same schedule that
was proposed in a notice of proposed rulemaking, published on December
15, 2004.
Under the temporary deviation effective from July 1, 2004 through
September 28, 2004, the Brightman Street Bridge remained closed for the
passage of pleasure craft from 7 a.m. to 9:30 a.m. and from 4 p.m. to
6:30 p.m., Monday through Friday. Commercial vessel traffic was allowed
to pass through the bridge on signal at all times during the 90-day
test period.
The drawbridge operation schedule implemented during the 90-day
test period successfully alleviated vehicular traffic delays with no
known adverse effects on navigation. The Coast Guard received no
comment letters in response to the temporary deviation.
[[Page 15766]]
As discussed above, the Coast Guard published a notice of proposed
rulemaking on December 15, 2004, to make the operating rules tested
during the temporary deviation a permanent change to the operation
regulations.
Discussion of Comments and Changes
The Coast Guard received no comments in response to the notice of
proposed rulemaking and as a result, no changes have been made to this
final rule.
Regulatory Evaluation
This 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 section
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).
This conclusion is based on the fact that the bridge will continue
to open at all times for commercial vessel traffic.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this 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 less than 50,000.
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.
This conclusion is based on the fact that the bridge will continue
to open at all times for commercial vessel traffic.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process.
No small entities requested Coast Guard assistance and none was
given.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
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).
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 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 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 rule will not result in such an expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will 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 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 rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This final rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have 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.
Energy Effects
We have analyzed this 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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it 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 have analyzed this final rule under Commandant Instruction
M16475.1D, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (32)(e), of the Instruction, from further
environmental documentation. It has been determined
[[Page 15767]]
that this final rule does not significantly impact the environment.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
0
For the reasons set out in the preamble, the Coast Guard amends 33 CFR
part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
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.
0
2. Section 117.619 is amended by revising paragraph (b) to read as
follows:
Sec. 117.619 Taunton River.
* * * * *
(b) The Brightman Street Bridge, at mile 1.8, between Fall River
and Somerset, shall open on signal, except that:
(1) From June 1 through August 31, the draw need not open for the
passage of pleasure craft, 7 a.m. to 9:30 a.m. and 4 p.m. to 6:30 p.m.,
Monday through Friday, except holidays. The draw shall open on signal
for commercial vessel traffic at all times.
(2) From November 1 through March 31, between 6 p.m. and 6 a.m.
daily, the draw shall open if at least a one-hour advance notice is
given by calling the number posted at the bridge.
(3) From 6 p.m. on December 24 to midnight on December 25, and from
6 p.m. on December 31 to midnight on January 1, the draw shall open on
signal if at least a two-hour advance notice is given by calling the
number posted at the bridge.
* * * * *
Dated: March 21, 2005.
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 05-6165 Filed 3-28-05; 8:45 am]
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