[Federal Register: May 19, 2006 (Volume 71, Number 97)]
[Rules and Regulations]
[Page 29079-29080]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19my06-4]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD01-06-024]
RIN 1625-AA09
Drawbridge Operation Regulations; Chelsea River, Chelsea, MA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard has temporarily changed the drawbridge
operation regulations that govern the P.J. McArdle Bridge, across the
Chelsea River at mile 0.3, between East Boston and Chelsea,
Massachusetts. This temporary final rule allows the bridge to remain
closed from 9 a.m. to 5 p.m. on June 17, 2006, to facilitate the Third
Annual Chelsea River Revel Festival and the running of the Chelsea
River Revel 5K Road Race. Vessels that can pass under the bridge
without a bridge opening may do so at all times.
DATES: This temporary rule is effective from 9 a.m. to 5 p.m. on June
17, 2006.
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 [CGD01-06-024] 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 McDonald, Project Officer,
First Coast Guard District, (617) 223-8364.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On April 6, 2006, we published a notice of proposed rulemaking
(NPRM) entitled ``Drawbridge Operation Regulations; Chelsea River,
Chelsea, MA'', in the Federal Register (71 FR 17397). 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 P.J. McArdle Bridge across the Chelsea River at mile 0.3, has a
vertical clearance of 21 feet at mean high water and 30 feet at mean
low water in the closed position. The existing drawbridge operation
regulations listed at 33 CFR 117.593 require the bridge to open on
signal at all times.
On March 6, 2006, the Chelsea Creek Action Group (CCAG) requested a
temporary change to the regulation that governs the operation of the
P.J. McArdle Bridge. The temporary regulation allows the bridge to
remain closed to vessel traffic from 9 a.m. to 5 p.m. on Saturday, June
17, 2006, in the interest of public safety during the Third Annual
Chelsea River Revel Festival and 5K Road Race.
Vessels that can pass under the bridge without a bridge opening may
do so at all times.
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
temporary 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 only be
closed for 8 hours in the interest of public safety during the running
of the 5k Road Race on June 17, 2006.
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 only be
closed for only 8 hours in the interest of public safety during the
running of the 5k Road Race on June 17, 2006.
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
[[Page 29080]]
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 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 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 rule does not use technical standards.
Therefore, we did not consider the use of voluntary consensus
standards.
Environment
We have analyzed this 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 considering that it relates to the
promulgation of operating regulations or procedures for drawbridges.
Under figure 2-1, paragraph (32)(e), of the instruction, an
``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule.
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; 33 CFR 1.05-1(g); Department of
Homeland Security Delegation No. 0170.1; section 117.255 also issued
under the authority of Public Law 102-587, 106 Stat. 5039.
0
2. On June 17, 2006, from 9 a.m. to 5 p.m., Sec. 117.593 is suspended
and a new Sec. 117.T594 is added to read as follows:
117.T594 Chelsea River
(a) All drawbridges across the Chelsea River shall open on signal;
except that the P.J. McArdle Bridge, mile 0.3, need not open for the
passage of vessel traffic from 9 a.m. to 5 p.m. on June 17, 2006.
(b) The opening signal for each drawbridge is two prolonged blasts
followed by two short blasts and one prolonged blast. The acknowledging
signal is three prolonged blasts when the draw can be opened
immediately and two prolonged blasts when the draw cannot be opened or
is open and must be closed.
Dated: May 10, 2006.
Mark J. Campbell,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 06-4668 Filed 5-18-06; 8:45 am]
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