[Federal Register Volume 70, Number 35 (Wednesday, February 23, 2005)]
[Proposed Rules]
[Pages 8751-8752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3413]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 70, No. 35 / Wednesday, February 23, 2005 / 
Proposed Rules  

[[Page 8751]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD01-05-006]
RIN 1625-AA09


Drawbridge Operation Regulations; Mitchell 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 Chatham Highway Bridge, mile 
0.2, across the Mitchell River at Chatham, Massachusetts. This proposed 
change to the drawbridge operation regulations would require from 4 
p.m. to 5 p.m. that only one hour notice be given for a bridge opening 
instead of the currently required 12 hours notice from May 1 through 
October 31. This rulemaking would also change the on-call contact 
information. This action is expected to better meet the reasonable 
needs of navigation.

DATES: Comments must reach the Coast Guard on or before April 25, 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 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: John McDonald, Project Officer, First 
Coast Guard District, (617) 223-8364.

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 (CGD01-05-
006), 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 Chatham Highway Bridge has a vertical clearance in the closed 
position of 8 feet at mean high water and 12 feet at mean low water. 
The existing drawbridge operation regulations are listed at 33 CFR 
117.607.
    The Town of Chatham, the owner of the bridge, asked the Coast Guard 
to change the drawbridge operation regulations for the Chatham Highway 
Bridge to extend the one-hour advance notice requirement to include the 
4 p.m. to 5 p.m. hour, May 1 through October 31. The existing 
regulations require the bridge to open on signal after a one-hour 
advance notice is given between 8 a.m. and 4 p.m. This proposed rule 
would extend that one-hour advance notice requirement to include the 4 
p.m. to 5 p.m. time during May through October.
    Also, the on-call contact person would be changed from the duty 
officer at the Chatham Police Department to the Chatham Harbormaster at 
the Chatham Harbormasters Department.

Discussion of Proposal

    This proposed change would revise 33 CFR 117.607, which lists the 
operating regulations for the Chatham Highway Bridge. This proposed 
change would require the bridge to open on signal after a one-hour 
advance notice is given, May 1 through October 31, between 8 a.m. and 5 
p.m., by calling the Chatham Harbormasters Department.
    The draw would continue to open from 5 p.m. to 8 a.m., May 1 
through October 31, after a 12-hour advance notice is given and all day 
from November 1 through April 30, after a 24-hour advance notice is 
given.

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 Homeland 
Security (DHS).
    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 DHS, is unnecessary.
    This conclusion is based on the fact that the bridge will open 
after a one-hour advance notice from 8 a.m. to 5 p.m. for vessel 
traffic from May 1 through October 31.

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

[[Page 8752]]

significant economic impact on a substantial number of small entities.
    This conclusion is based on the fact that the bridge will open an 
additional hour each day for vessel traffic from May 1 through October 
31.
    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

    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 Executive Order 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 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.
    To help the Coast Guard establish regular and meaningful 
consultation and collaboration with Indian and Alaskan Native tribes, 
we published a notice in the Federal Register (66 FR 36361, July 11, 
2001) requesting comments on how to best carry out the Order. We invite 
your comments on how this proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

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.

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 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; 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. Section 117.607 is revised to read as follows:


Sec.  117.607  Mitchell River.

    The Chatham Highway Bridge, at mile 0.2, at Chatham, Massachusetts, 
shall operate as follows:
    (a) From May 1 through October 31, the draw shall open on signal 
from 8 a.m. to 5 p.m., if at least one hour notice is given and from 5 
p.m. to 8 a.m. the draw shall open on signal if at least 12 hours 
notice is given by calling the Chatham Harbormasters Department.
    (b) From November 1 through April 30, the draw shall open on signal 
if at least a 24-hour advance notice is given by calling the Chatham 
Harbormasters Department.

    Dated: February 2, 2005.
John L. Grenier,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 05-3413 Filed 2-22-05; 8:45 am]
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