[Federal Register Volume 78, Number 159 (Friday, August 16, 2013)]
[Rules and Regulations]
[Pages 49918-49920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19980]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-0291]
RIN 1625-AA09


Drawbridge Operation Regulation; Taunton River, Fall River and 
Somerset, 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 the Veterans Memorial Bridge 
across the Taunton River, mile 2.1, between Fall River and Somerset, 
Massachusetts. The bridge owner, Massachusetts Department of 
Transportation, submitted a request to reduce the hours the bridge is 
crewed based upon infrequent requests to open the draw. It is expected 
that this change to the regulations will provide relief to the bridge 
owner from crewing the bridge while continuing to meet the reasonable 
needs of navigation.

DATES: This rule is effective September 16, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0291. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type in the 
docket number in the ``Search.'' Box and click ``SEARCH.'' Click Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. John W. McDonald, Project Officer, First Coast Guard 
District Bridge Branch, 617-223-8364, [email protected]. If you 
have questions on viewing the docket, call

[[Page 49919]]

Barbara Hairston, Program Manager, Docket Operations, telephone 202-
366-9826.

SUPPLEMENTARY INFORMATION:

A. Regulatory History and Information

    On May 24, 2013, we published a notice of proposed rulemaking 
(NPRM) entitled, ``Drawbridge Operation Regulation: Taunton River, Fall 
River and Somerset, MA'' in the Federal Register (78 FR 31457). We 
received no comments on the proposed rule. No public meeting was 
requested, and none was held.

B. Basis and Purpose

    The Veterans Memorial Bridge at mile 2.1, across the Taunton River 
between Somerset and Fall River, Massachusetts, has a vertical 
clearance of 60 feet at mean high water and 66 feet at mean low water. 
The horizontal clearance is 200 feet between the bridge protective 
fenders. The drawbridge operation regulations are listed at 33 CFR 
117.5.
    The waterway users are predominantly seasonal recreational vessels.
    The Veterans Memorial Bridge is a double leaf bascule highway 
bridge opened to traffic in 2011, at mile 2.1, upstream from the 
existing Brightman Street Route 6 highway bridge at mile 1.8, across 
the Taunton River.
    The owner of the bridge, Massachusetts Department of 
Transportation, submitted a request to the Coast Guard to change the 
drawbridge operating regulations that presently require the draw to be 
crewed twenty four hours a day and open on signal at all times.
    Under this final rule the draw will open on signal between 7 a.m. 
and 3 p.m., and from 3 p.m. through 7 a.m. the draw would open on 
signal after at least a two hour advance notice is given by calling the 
number posted at the bridge. As explained in the NPRM, this decision 
was based on the few requests to open the bridge the past two years and 
the high vertical clearance.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard received no comments in response to the notice of 
proposed rulemaking. As a result, no changes have been made to this 
final rule.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes or executive orders.

1. Regulatory Planning and Review

    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. This conclusion is based on the fact that 
this bridge will still open for all vessel traffic at all times 
provided the advance notice is given 3 p.m. to 7 a.m. by calling the 
number posted at the bridge.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The Coast Guard 
received no comments from the Small Business Administration on this 
rule. 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 rule would affect the following entities, some of which might 
be small entities: the owners or operators of vessels needing to 
transit through the bridge.
    This action will not have a significant economic impact on a 
substantial number of small entities for the following reasons: The 
bridge will continue to open on signal from 7 a.m. to 3 p.m. and from 3 
p.m. to 7 a.m. after a two hour advance notice is given. Additionally, 
the bridge has a vertical clearance of 60 feet at mean high water and 
66 feet at mean low water which allows many vessels to pass through the 
bridge without a need for an opening.

3. 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 rule, 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 the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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). 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.

4. 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).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the ``FOR FURTHER 
INFORMATION CONTACT'' section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 (adjusted for 
inflation) 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. 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.

[[Page 49920]]

10. 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 would not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

11. 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 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerns Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. 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.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 this action is one of a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment. This rule simply promulgates the operating regulations or 
procedures for drawbridges. This rule is categorically excluded, under 
figure 2-1, paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule.

List of Subjects in 33 CFR Part 117

Bridges
    For the reasons discussed 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; 33 CFR 1.05-1; Department of Homeland 
Security Delegation No. 0170.1.


0
2. In Sec.  117.619, add paragraph (f) to read as follows:


Sec.  117.619  Taunton River.

* * * * *
    (f) The draw of the Veterans Memorial Bridge, mile 2.1, across the 
Taunton River between Fall River and Somerset, shall operate as 
follows:
    (1) From 7 a.m. through 3 p.m. the draw shall open on signal.
    (2) From 3 p.m. through 7 a.m. the draw shall open on signal 
provided a two hour advance notice is given by calling the number 
posted at the bridge.

    Dated: July 29, 2013.
D.B. Abel,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2013-19980 Filed 8-15-13; 8:45 am]
BILLING CODE 9110-04-P