[Federal Register Volume 69, Number 220 (Tuesday, November 16, 2004)]
[Rules and Regulations]
[Pages 67056-67058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25412]


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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: Final rule.

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SUMMARY: The Coast Guard has changed the drawbridge operation 
regulations that govern 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. This final rule allows the four bridges to 
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: This rule is effective on November 25, 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 (CGD01-04-096) 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. Gary Kassof, Bridge Administrator, 
First Coast Guard District, (212) 668-7165.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On September 1, 2004, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations, Annisquam River, 
Danvers River, Fore River, and Saugus River, Massachusetts, in the 
Federal Register (69 FR 53376). The Coast Guard provided a 30-day 
comment period to the public to comment on the proposed rule. We 
received no comments 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 good cause exists 
for making this rule effective less than 30 days after publication in 
the Federal Register. The Coast Guard believes making this final rule 
effective less than 30 days after publication, in time for Thanksgiving 
Day, November 25, 2004, is reasonable because there have been no 
requests to open these bridges on Thanksgiving Day in past years and 
any mariner requiring a bridge opening during the advance notice time 
period on Thanksgiving Day noon to 6 p.m. need only provide the one-
hour advance notice for a bridge opening at any time.

[[Page 67057]]

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 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 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 117.618(c).
    The owner of the bridges, Massachusetts Highway Department (MHD), 
requested a change to the drawbridge operation regulations to allow the 
four 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 Comments and Changes

    The Coast Guard received no comments in response to the notice of 
proposed rulemaking. Therefore, 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 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 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 bridges will continue 
to open on signal at any time after the advance notice is given.

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 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.

[[Page 67058]]

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. 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. 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 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.

0
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 Thanksgiving Day and all day on 
Christmas and New Years Day, the draw shall open on signal after at 
least a one-hour advance notice is given by calling the number posted 
at the bridge.

0
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 Thanksgiving Day, and all day on 
Christmas, and New Years Day, the draw shall open on signal after at 
least a one-hour advance notice is given by calling the number posted 
at the bridge.

0
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 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: November 4, 2004.
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 04-25412 Filed 11-15-04; 8:45 am]
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