[Federal Register Volume 71, Number 66 (Thursday, April 6, 2006)]
[Proposed Rules]
[Pages 17397-17399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-4900]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD01-06-024]
RIN 1625-AA09


Drawbridge Operation Regulations; Chelsea River, Chelsea, MA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to temporarily change the drawbridge 
operation regulations governing the operation of the P.J. McArdle 
Bridge, across the Chelsea River at mile 0.3, between East Boston and 
Chelsea, Massachusetts. This proposed rule would allow the bridge to 
remain closed from 9 a.m. to 5 p.m. on June 17, 2006, to facilitate the 
Third Annual Chelsea River Revel Festival and the running of the 
Chelsea River Revel 5K Road Race. Vessels that can pass under the 
bridge without a bridge opening may do so at all times.

DATES: Comments and related material must reach the Coast Guard on or 
before May 8, 2006.

ADDRESSES: You may mail comments and related material to Commander 
(dpb), 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: Mr. 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 and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD01-06-
024), 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; however, 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

    The P.J. McArdle Bridge across the Chelsea River at mile 0.3, 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 117.593 require the bridge to open on 
signal at all times.
    On March 6, 2006, the Chelsea Creek Action Group (CCAG) requested a 
temporary change to the regulation that governs the operation of the 
P.J. McArdle Bridge. The temporary regulation would allow the bridge to 
remain closed to vessel traffic from 9 a.m. to 5 p.m. on Saturday, June 
17, 2006, in the interest of public safety during the Third Annual 
Chelsea River Revel Festival and 5K Road Race.
    Vessels that can pass under the bridge without a bridge opening may 
do so at all times.

Discussion of Proposed Rule

    This proposed change would suspend Sec.  117.593 and temporarily 
add a new Sec.  117.T594.
    The P.J. McArdle Bridge would remain in the closed position from 9 
a.m. to 5 p.m. in the interest of public safety during the Third Annual 
Chelsea River Revel Festival and the running of the Chelsea River Revel 
5K Road Race.
    The 5K Road Race does not actually cross over the bridge; however, 
the Chelsea River passes through the middle of the festival which takes 
place on both sides of the Chelsea River in East Boston and Chelsea.
    A large volume of pedestrian traffic is anticipated to cross over 
the bridge during the festival.
    It would not be in the best interest of public safety and the 
coordination of this public event to have the bridge open during the 
time period this event is in progress.
    The Chelsea River is predominantly transited by commercial tugs, 
barges, oil tankers. The Coast Guard coordinates this closure annually 
with the oil facilities and the one recreational marina which are 
upstream from the bridge.
    This temporary rule is expected to meet the present and anticipated 
needs of navigation.
    Under this proposed temporary rule, all drawbridges across the 
Chelsea River would open on signal; except that the P.J. McArdle 
Bridge, at mile 0.3, would need not open for the passage of vessel 
traffic from 9 a.m. to 5 p.m. on June 17, 2006.
    The opening signal for each drawbridge would remain two prolonged 
blasts followed by two short blasts and one prolonged blast. The 
acknowledging signal would remain 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.

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 the regulatory 
policies and procedures of DHS is unnecessary.
    This conclusion is based on the fact that the bridge will only be 
closed for 8 hours in the interest of public safety during the running 
of the 5K Road Race

[[Page 17398]]

on June 17, 2006. Vessels that can pass under the draw without a bridge 
opening may do so at all times during the time the bridge is closed.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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 only be 
closed for 8 hours in the interest of public safety during the running 
of the 5K Road Race on June 17, 2006. Vessels that can pass under the 
draw without a bridge opening may do so at all times during the time 
the bridge is closed.
    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 (Pub. L. 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 
(dpb), First Coast Guard District, Bridge Branch, One South Street, New 
York, NY 10004. The telephone number is (212) 668-7165. 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 affect 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 might 
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. 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 made a preliminary determination 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 proposed rule is 
categorically excluded, under figure 2-1, paragraph (32)(e) of the 
Instruction, from further environment documentation. Under figure 2-1, 
paragraph (32)(e) of the instruction, an ``Environmental Analysis 
Checklist'' is not required for this rule. Comments on this section 
will be considered before we make the final decision on whether to 
categorically exclude this rule from further environmental review.

List of Subjects in 33 CFR Part 117

    Bridges.

[[Page 17399]]

Regulations

    For the reasons discussed 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); Sec.  117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.

    2. On June 17, 2006, from 9 a.m. to 5 p.m., 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 not open for the 
passage of vessel traffic from 9 a.m. to 5 p.m. on June 17, 2006.
    (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: March 21, 2006.
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. E6-4900 Filed 4-5-06; 8:45 am]
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