[Federal Register Volume 69, Number 240 (Wednesday, December 15, 2004)]
[Proposed Rules]
[Pages 75013-75015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27472]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD01-04-143]
RIN 2115-AE47


Drawbridge Operation Regulations; Taunton 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 the Brightman Street Bridge, 
mile 1.8, across the Taunton River between Fall River and Somerset, 
Massachusetts. This proposed change to the drawbridge operation 
regulations would allow 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 would 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: Comments must reach the Coast Guard on or before February 14, 
2005.

ADDRESSES: You may mail comments to Commander (obr), First Coast Guard 
District Bridge Branch, 408 Atlantic Avenue, Boston, Massachusetts 
02110, 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 (617) 223-8364. 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

[[Page 75014]]

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: Joe Arca, Project Officer, 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-
143), 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

    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 
proposed in this notice of proposed rulemaking.
    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.

Discussion of Proposal

    This proposed change would amend 33 CFR 117.619 by revising 
paragraph (b), which lists the Brightman Street Bridge drawbridge 
operation regulations. This proposed change would allow the Brightman 
Street Bridge to remain closed to pleasure craft 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.

Regulatory Evaluation

    This proposed 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 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 Transportation 
(DOT) (44 FR 11040, Feb. 26, 1979).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation, under paragraph 10e of the 
regulatory policies and procedures of DOT, is unnecessary.
    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 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 bridge will continue 
to open for commercial vessel traffic at all times.
    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.

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

    Arule 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.

[[Page 75015]]

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 proposed 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 proposed 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. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We considered the environmental impact of this proposed rule and 
concluded that, under figure 2-1, paragraph (32)(e), of Commandant 
Instruction M16475.1d, this proposed rule is categorically excluded 
from further environmental documentation because promulgation of 
drawbridge regulations have been found not to have a significant effect 
on the environment. A written ``Categorical Exclusion Determination'' 
is not required for this rule.

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; 49 CFR 1.46; 33 CFR 1.05-1(g); section 
117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.

    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, from 7 a.m. to 9:30 a.m. and from 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: December 3, 2004.
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 04-27472 Filed 12-14-04; 8:45 am]
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