[Federal Register Volume 69, Number 109 (Monday, June 7, 2004)]
[Rules and Regulations]
[Pages 31735-31737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12824]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD01-04-027]
RIN 1625-AA09


Drawbridge Operation Regulations: Chelsea River, MA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary final rule 
governing the operation of the P.J. McArdle Bridge, mile 0.3, across 
the Chelsea River between East Boston and Chelsea, Massachusetts. This 
final rule will allow the bridge to remain in the closed position from 
10 a.m. to 5 p.m. on June 5, 2004, to facilitate the First Annual 
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 rule is effective only on June 5, 2004.

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 [CGD01-04-027] and are available for inspection or 
copying at the First Coast Guard District, Bridge Branch Office, One 
South Street, New York, New York, 10004, between 7 a.m. and 3 p.m., 
Monday through Friday, except Federal holidays. The telephone number is 
(212) 668-7165. The First Coast Guard District, Bridge Branch, 
maintains the public docket for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Mr. Joe Arca, Project Officer, First 
Coast Guard District, (212) 668-7069.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 27, 2004, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations; Chelsea River, 
Massachusetts, in the Federal Register (69 FR 22749). We received no 
comment letters in response to the notice of proposed rulemaking. No 
public hearing was requested and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective in less than 30 days after 
publication in the Federal Register.
    The Coast Guard did not receive the bridge owner's request to close 
the bridge until March 16, 2004; therefore, taking into consideration 
the time for the NPRM, it is necessary to make this rule effective in 
less than 30 days in order to allow the event to take place as 
scheduled on June 5, 2004. The Coast Guard believes this is reasonable 
because the bridge must remain closed during the running of the First 
Annual Chelsea River Revel 5K Road Race in the interest of public 
safety.

Background and Purpose

    The P.J. McArdle Bridge 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 Sec.  
117.593 require the bridge to open on signal at all times.
    The owner of the bridge, the City of Boston, requested a temporary 
change to the drawbridge operation regulations to allow the bridge to 
remain in the closed position from 10 a.m. to 5 p.m. on June 5, 2004, 
to facilitate the running of the First Annual Chelsea River Revel 5K 
Road Race. Vessels that can pass under the bridge without a bridge 
opening may do so at all times.
    The Chelsea River is predominantly transited by commercial tugs, 
barges, and oil tankers. The Coast Guard coordinated this closure with 
the mariners that normally use this waterway and no objections were 
received.
    The Coast Guard did not receive the request to keep the bridge 
closed to facilitate the scheduled road race until March 16, 2004. A 
shortened comment period was necessary, due the short notice given to 
the Coast Guard, to allow this final rule to become effective in time 
for the start of First Annual Chelsea River Revel 5K Road Race on June 
5, 2004.
    The Coast Guard believes this final rule is needed in order to 
provide for public safety and the safety of the race participants.

Discussion of Comments and Changes

    The Coast Guard received no comments in response to our notice of 
proposed rulemaking. 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

[[Page 31736]]

of the Department of Homeland Security (DHS).
    This conclusion is based on the fact that the bridge closure is 
only 7 hours in duration.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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 closure is 
only 7 hours in duration.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 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.
    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.

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.

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 designated it as a significant energy action. 
Therefore, it does not require a Statement of Energy Effects under 
Executive Order 13211.

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 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. On June 5, 2004 only, Sec.  117.593 is suspended and a new Sec.  
117.T594 is added to read as follows:


Sec.  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

[[Page 31737]]

not open for the passage of vessel traffic from 10 a.m. to 5 p.m. on 
June 5, 2004.
    (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, 25, 2004.
John L. Grenier,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 04-12824 Filed 6-4-04; 8:45 am]
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