[Federal Register Volume 84, Number 230 (Friday, November 29, 2019)]
[Proposed Rules]
[Pages 65728-65730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25978]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2019-0809]
RIN 1625-AA09
Drawbridge Operation Regulation; Chelsea River, Chelsea, MA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to modify the operating schedule that
governs the Chelsea Street Bridge across the Chelsea River, mile 1.3,
at Chelsea, Massachusetts. The bridge owner, Massachusetts Department
of Transportation (MassDOT), submitted a request to allow the bridge to
open to 139 feet above mean high water instead of the full open
position of 175 feet unless a full bridge opening is requested. It is
expected that this change to the regulations will create efficiency in
drawbridge operations and better serve the needs of the community while
continuing to meet the reasonable needs of navigation.
DATES: Comments and related material must reach the Coast Guard on or
before January 28, 2020.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0809 using Federal e-Rulemaking Portal at http://www.regulations.gov.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Jim Rousseau, Project Officer, First Coast Guard
District, telephone (617) 223-8619, email [email protected].
SUPPLEMENTARY INFORMATION:
[[Page 65729]]
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background, Purpose and Legal Basis
The Chelsea Street Bridge at mile 1.3, across the Chelsea River, at
Chelsea, Massachusetts, has a vertical clearance in the closed position
of 9.33 feet at mean high water and 20.02 feet at mean low water.
Horizontal clearance is approximately 225 feet. The waterway users
include recreational and commercial vessels, including tugboat/barge
combinations and tankers.
The existing drawbridge operating regulations is listed at 33 CFR
117.593.
In September of 2019, the owner of the bridge, MassDOT, requested a
change to the drawbridge operation regulations to allow the Chelsea
Street Bridge to open to 139 feet above mean high water, which is an
acceptable height for all vessels requesting openings on the Chelsea
River. The requested change in drawbridge operations is due to the
increased volume of traffic across the bridge during peak commuting
hours, making bridge openings up to 175 feet impractical. This change
in opening height reduces the opening time by 2-6 minutes per opening.
The Chelsea Street Bridge will perform a full bridge opening of 175
feet above mean high water when requested to do so. The existing
regulations require the bridge to open immediately on signal and will
continue to do so.
MassDOT reached out to the maritime stakeholders with the requested
change proposed and received no objections.
Under this proposed rule the draw would open on signal as stated
above, but only to 139 feet above mean high water, except when a full
opening to 175 feet above mean high water is requested. We analyzed the
bridge opening data for the Chelsea River Bridge during calendar years
June 2017-June 2018, comparing the number of bridge openings required
to 175 feet and the number of bridge openings required to 139 feet for
each month of the year.
The bridge opening breakdown for June 2017-June 2018 is as follows:
Out of the total 1967 bridge openings, none were needed to the 175 foot
elevation and the remaining 100% could clear the 139 foot elevation.
The bridge tender will be aware of the vertical clearance from the
low steel chord of the bridge to the water level by a sensor displaying
distance on the Operator Control Panel housed in the Drawbridge Control
Room at the bridge. A selector switch will be placed in the 139 foot
position or full lift (175 feet) position by the bridge tender prior to
operations depending on the vessel requirements.
III. Discussion of Proposed Rule
As a result of the data mentioned above the Coast Guard believes
that allowing the Chelsea River Bridge to open to 139 feet, except when
a request to open to 175 feet is requested, is reasonable based on the
zero requests needed to open to 175 feet and to match actual
operations.
Due to the unique nature of the drawbridge operation for this
MassDOT Bridge, the Coast Guard also proposes to alter the lighting
requirements to better meet the needs of navigation at this drawbridge.
In accordance with 33 CFR 118.85, the center of the navigational
channel under the operable span will be marked by a range of two green
lights when the vertical span is open to navigation. The Coast Guard
proposes to allow one solid green light and one flashing green light
when the bridge is at the 139 footmark and two solid green lights when
the bridge is fully opened to 175 feet.
We believe this proposed rule will continue to meet the reasonable
needs of navigation while also improving drawbridge efficiency of
operation.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on these statutes and Executive Orders and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the Office of Management and Budget (OMB) has not
reviewed the NPRM and pursuant to OMB guidance, it is exempt from the
requirements of Executive Order 13771.
The Coast Guard believes this rule is not a significant regulatory
action because the bridge will open fully for any vessel upon request.
We believe that this proposed change to the drawbridge operation
regulations at 33 CFR 117.593 will meet the reasonable needs of
navigation.
B. 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 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 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
The bridge provides 9.33 feet mean high water and 20.02 feet mean
low water of vertical clearance that should accommodate all the present
recreational vessel traffic except commercial tugs and deep draft
vessels. The bridge will continue to open on signal. While some owners
or operators of vessels intending to transit the bridge may be small
entities, for the reasons stated in section IV.A above, this proposed
rule would not have a significant economic impact on any vessel owner
or operator.
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.
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. 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. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would call for no new collection of information
under the
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Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
D. Federalism and Indian Tribal Government
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 proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section above.
E. 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 proposed rule will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Environmental Planning
COMDTINST 5090.1 (series), which guide the Coast Guard in complying
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-
4370f), and have made a preliminary determination that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This proposed rule
promulgates the operating regulations or procedures for drawbridges.
Normally, this action is categorically excluded from further review,
under paragraph L49, of Chapter 3, Table 3-1 of the U.S. Coast Guard
Environmental Planning Implementation Procedures.
G. 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal e-
Rulemaking Portal at http://www.regulations.gov. If your material
cannot be submitted using http://www.regulations.gov, contact the
person in the FOR FURTHER INFORMATION CONTACT section of this document
for alternate instructions.
We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacynotice.
Documents mentioned in this NPRM as being available in this docket
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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; DHS Delegation No.
0170.1.
0
2. Revise Sec. 117.593 to read as follows:
Sec. 117.593 Chelsea River.
(a) All drawbridges across Chelsea River shall open on signal. 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 is
two prolonged blasts when the draw cannot be open or is open and must
be closed.
(b) The draw of the Chelsea Street Bridge, mile 1.3, at Chelsea,
shall open as follows:
(1) The draw shall open on signal to 139 feet above mean high water
for all vessel traffic unless a full bridge opening to 175 feet above
mean high water is requested.
(2) The 139 foot opening will be signified by a range light display
with one solid green light and one flashing green light and the full
175 foot opening will be signified with two solid green range lights.
Dated: October 25, 2019.
A.J. Tiongson,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2019-25978 Filed 11-27-19; 8:45 am]
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