[Federal Register Volume 69, Number 169 (Wednesday, September 1, 2004)]
[Proposed Rules]
[Pages 53376-53378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19958]



[[Page 53376]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD01-04-096]
RIN 1625-AA09


Drawbridge Operation Regulations; Annisquam River, Danvers River, 
Fore River, and Saugus 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 four Massachusetts Highway 
Department bridges; the Blynman (SR127) Bridge, mile 0.0, across the 
Annisquam River; the Kernwood Bridge, mile 1.0, across the Danvers 
River; the Quincy Weymouth SR3A Bridge, mile 2.8, across the Fore 
River; and the Fox Hill (SR107) Bridge, mile 2.5, across the Saugus 
River, Massachusetts. The bridge owner requested that the four bridges 
may operate on an advance notice basis from noon to 6 p.m. on 
Thanksgiving Day each year. This action is expected to allow the draw 
tenders to spend the holiday with their families while still meeting 
the reasonable needs of navigation.

DATES: Comments must reach the Coast Guard on or before October 1, 
2004.

ADDRESSES: You may mail comments to Commander (obr), First Coast Guard 
District Bridge Branch, One South Street, Battery Park Building, New 
York, New York 10004, 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 (212) 668-7165. 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: Mr. Gary Kassof, Bridge Administrator, 
First Coast Guard District, (212) 668-7165.

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 (CGD01-04-
096), 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 and Purpose

Annisquam River and Blynman Canal

    The Blynman (SR127) Bridge, mile 0.0, across the Annisquam River 
has a vertical clearance of 7 feet at mean high water and 16 feet at 
mean low water in the closed position. The existing operating 
regulations are listed at 33 CFR 117.586.

Danvers River

    The Kernwood Bridge, at mile 1.0, across the Danvers River has a 
vertical clearance of 8 feet at mean high water and 17 feet at mean low 
water in the closed position. The existing operating regulations are 
listed at 33 CFR Sec.  117.595(c).

Fore River

    The Quincy Weymouth (SR3A) Bridge, at mile 2.8, across the Fore 
River has a vertical clearance of 45 feet at mean high water and 55 
feet at mean low water in the closed position. The existing operating 
regulations are listed at 33 CFR Sec.  117.621.

Saugus River

    The Fox Hill (SR107) Bridge, at mile 2.5, across the Saugus River 
has a vertical clearance of 6 feet at mean high water and 16 feet at 
mean low water in the closed position. The existing operating 
regulations are listed at 33 CFR Sec.  117.618(c).
    The owner of the bridges, Massachusetts Highway Department (MHD), 
requested a change to the drawbridge operation regulations for the 
above four bridges to allow the bridges to operate on an advance notice 
basis on Thanksgiving Day each year.
    The existing drawbridge operation regulations already allow the 
four bridges to operate on an advance notice basis on Christmas and New 
Years Day each year. Therefore, it is expected that adding Thanksgiving 
Day to that existing requirement should not impact navigation adversely 
since there have been very few requests to open these bridges on 
Thanksgiving Day in past years.
    The Coast Guard believes this rule is reasonable because the 
bridges would still open on demand at any time on Thanksgiving Day 
after the advance notice is given.

Discussion of Proposed Rule

Annisquam River and Blynman Canal

    This proposed rule would revise 33 CFR 117.586, which details the 
operating regulations for the Blynman (SR127) Bridge. This proposed 
rule would allow the bridge owner to require a two-hour advance notice 
for bridge openings on Thanksgiving Day from noon to 6 p.m. each year.

Danvers River

    This proposed rule amends 33 CFR 117.595 by revising paragraph (c), 
which details the operating regulations for the Kernwood Bridge.
    This proposed rule would allow the bridge owner to require a one-
hour advance notice for bridge openings from noon to 6 p.m. on 
Thanksgiving Day each year.

Fore River

    This proposed rule amends 33 CFR 117.621 by revising paragraph (c), 
which details the holiday operating regulations for the Quincy Weymouth 
SR3A Bridge.
    This proposed rule would allow the bridge owner to require a two-
hour advance notice for bridge openings from noon to 6 p.m. on 
Thanksgiving Day each year.

Saugus River

    This proposed rule amends 33 CFR 117.618 by revising paragraph (c), 
which details the operating regulations for the Fox Hill SR107 Bridge. 
This proposed rule would allow the bridge owner to require a one-hour 
advance notice for bridge openings from noon to 6 p.m. on Thanksgiving 
Day each year.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866,

[[Page 53377]]

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.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation, under the regulatory 
policies and procedures of DHS, is unnecessary.
    This conclusion is based on the fact that the bridges will continue 
to open on signal at any time after the advance notice is given.

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 significant economic impact on a 
substantial number of small entities.
    This conclusion is based on the fact that the bridges will continue 
to open on signal at any time after the advance notice is given.
    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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact us in writing at, Commander 
(obr), First Coast Guard District, Bridge Branch, 408 Atlantic Avenue, 
Boston, MA 02110-3350. The telephone number is (617) 223-8364. 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.

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 E.O. 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 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.

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 proposed 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 
environment documentation because it has been determined that the 
promulgation of operating regulations or procedures for drawbridges are 
categorically excluded.

[[Page 53378]]

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. Revise Sec.  117.586 to read as follows:


Sec.  117.586  Annisquam River and Blynman Canal.

    The draw of the Blynman (SR127) Bridge shall open on signal, except 
that, from noon to 6 p.m. on the fourth Thursday in November 
(Thanksgiving Day), 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.
    3. Section 117.595 is amended by revising paragraph (c) to read as 
follows:


Sec.  117.595  Danvers River.

* * * * *
    (c) The Kernwood Bridge, at mile 1.0, shall operate as follows:
    (1) From May 1 through September 30, midnight to 5 a.m., and from 
October 1 through April 30, 7 p.m. to 5 a.m., draw shall open on signal 
after at least a one-hour advance notice is given by calling the number 
posted at the bridge.
    (2) From noon to 6 p.m. on the fourth Thursday in November 
(Thanksgiving Day) and all day on December 25 and January 1, the draw 
shall open on signal after at least a one-hour advance notice is given 
by calling the number posted at the bridge.
    4. Section 117.618 is amended by revising paragraph (c) to read as 
follows:


Sec.  117.618  Saugus River.

* * * * *
    (c) The Fox Hill (SR107) Bridge, at mile 2.5, shall operate as 
follows:
    (1) The draw shall open on signal, except that, from October 1 
through May 31, from 7 p.m. to 5 a.m., the draw shall open after at 
least a one-hour advance notice is given by calling the number posted 
at the bridge.
    (2) From noon to 6 p.m. on the fourth Thursday in November 
(Thanksgiving Day), and all day on December 25, and January 1, the draw 
shall open on signal after at least a one-hour advance notice is given 
by calling the number posted at the bridge.
    5. Section 117.621 is amended by revising paragraph (c) to read as 
follows:


Sec.  117.621  Fore River.

* * * * *
    (c) From noon to 6 p.m. on the fourth Thursday in November 
(Thanksgiving Day), 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 after at least a two-hour advance notice is given 
by calling the number posted at the bridge.

    Dated: August 23, 2004.
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 04-19958 Filed 8-31-04; 8:45 am]
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