[Federal Register Volume 85, Number 52 (Tuesday, March 17, 2020)]
[Rules and Regulations]
[Pages 15067-15069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04965]


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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: Final rule.

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SUMMARY: The Coast Guard is modifying 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: This rule is effective April 16, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov. Type USCG-
2019-0809 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Jim Rousseau, First Coast Guard District, Project 
Officer, telephone (617) 223-8619, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget

[[Page 15068]]

NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code
MassDOT Massachusetts Department of Transportation

II. Background Information and Regulatory History

    On November 29, 2019, the Coast Guard published a notice of 
proposed rulemaking entitled Drawbridge Operation Regulation; Chelsea 
River, Chelsea, MA, in the Federal Register (84 FR 65728). We received 
six supportive comments in response to the NPRM.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority of 33 
U.S.C. 499. 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. 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 are 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 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 regulations 
require the bridge to open immediately on signal.
    MassDOT reached out to the maritime stakeholders with the change 
and received no objections.

IV. Discussion of Comments, Changes and the Final Rule

    The Coast Guard provided 60 days for comment regarding this rule 
and received seven comments all in support of the change.
    There are no changes in the regulatory text of this rule from the 
proposed rule in the NPRM.
    The Coast Guard will change the Chelsea River Bridge regulation so 
it can open to 139 feet, except when a requested to open to 175 feet.
    Due to the unique nature of the drawbridge operation for this 
bridge, MassDOT needs 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. MassDOT will change lighting 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.
    The rule will continue to meet the reasonable needs of navigation 
while also improving drawbridge efficiency of operation Coast Guard 
will change the Chelsea River Bridge regulation so it can open to 139 
feet, except when a requested to open to 175 feet.

V. Regulatory Analyses

    The Coast Guard has developed this rule after considering numerous 
statutes and Executive Orders related to rulemaking. Below we summarize 
our analyses based on a number of these statutes and Executive Orders, 
and we discuss First Amendment rights of protesters.

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 rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, it has not been reviewed by the Office of 
Management and Budget (OMB) and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the fact that this 
bridge will open for all vessel traffic when requested and provide 
vertical clearance for all vessels when opened and thus should not 
impact maritime traffic. We believe that this proposed change to the 
drawbridge operation regulations at 33 CFR 117.593(b) 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 received no comment 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.
    The bridge provides 139 feet and 175 feet of vertical clearance 
when opened on demand that should accommodate all the present vessel 
traffic with 9.33 feet vertical clearance in the closed position at 
MHW. While some owners or operators of vessels intending to transit the 
bridge may be small entities, for the reasons stated in section V.A 
above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 
section.
    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.

C. 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).

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

[[Page 15069]]

various levels of government. We have analyzed this 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 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please call or email the person listed in the FOR FURTHER INFORMATION 
CONTACT section.

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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01, Rev.1, associated implementing 
instructions, and Environmental Planning COMDTINST 5090.1 (series) 
which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f). The 
Coast Guard has determined 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 rule promulgates the operating 
regulations or procedures for drawbridges and 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.
    Neither a Record of Environmental Consideration nor a Memorandum 
for the Record are required for this rule.

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.

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. 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: Feburary 12, 2020.
A.J. Tiongson,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2020-04965 Filed 3-16-20; 8:45 am]
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