
[Federal Register: June 8, 2010 (Volume 75, Number 109)]
[Proposed Rules]               
[Page 32351-32353]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jn10-36]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2010-0234]
RIN 1625-AA09

 
Drawbridge Operation Regulation; Taunton River, Fall River and 
Somerset, MA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the drawbridge operation 
regulations for the Brightman Street (Rt-6) Bridge at mile 1.8, between 
Fall River and Somerset, Massachusetts, to help relieve the bridge 
owner from the burden of crewing the bridge during time periods when 
the bridge receives few requests to open. In addition, we are removing 
some obsolete language from the regulations, the operating regulations 
for the Bristol County Bridge at mile 10.3, because that bridge has 
subsequently been replaced with a fixed span highway bridge.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 8, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0234 using any one of the following methods:
    (1) Federal Rulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC, 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these methods. 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 e-mail Mr. John W. McDonald, Project Officer, First Coast 
Guard District Bridge Branch, at 617-223-8364, e-mail 
john.w.mcdonald@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2010-0234), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (http://www.regulations.gov), or by fax, mail or hand delivery, 
but please use only one of these means. If you submit a comment online 
via http://www.regulations.gov, it will be considered received by the 
Coast Guard when you successfully transmit the comment. If you fax, 
hand deliver, or mail your comment, it will be considered as having 
been received by the Coast Guard when it is received at the Docket 
Management Facility. We recommend that you include your name and a 
mailing address, an e-mail address, or a phone number in the body of 
your document so that we can contact you if we have questions regarding 
your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rules'' and insert ``USCG-2010-0234'' in the ``Keyword'' 
box. Click ``Search'' then click on the balloon shape in the 
``Actions'' column. If you submit your comments by mail or hand 
delivery, submit them in an unbound format, no larger than 8\1/2\; by 
11 inches, suitable for copying and electronic filing. If you submit 
them by mail and would like to know that they reached the Facility, 
please enclose a stamped, self-addressed postcard or envelope. We will 
consider all comments and material received during the comment period 
and may change the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2010-0234'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit either 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. We 
have an agreement with the Department of Transportation to use the 
Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain 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 Brightman Street (Rt-6) Bridge at mile 1.8, across the Taunton 
River between Fall River and Somerset, Massachusetts, has a vertical 
clearance in the closed position of 27 feet at mean high water and 31 
feet at mean low water. The drawbridge operation regulations are listed 
at 33 CFR 117.619.
    The bridge is required under the existing regulations to open on 
signal as follows:
    At all times from April 1 through May 31 and from September 1 
through November 1.

[[Page 32352]]

    From June 1 through August 31, the draw need not open for pleasure 
craft from 7 a.m. to 9:30 a.m. and 4 p.m. through 6:30 p.m., Monday 
through Friday, except holidays. The draw is required to open on signal 
for commercial vessels at any time during the June 1 through August 31, 
time period.
    From November 1 through March 31, the bridge is required to open on 
signal 6 a.m. through 6 p.m. and from 6 p.m. through 6 a.m. the bridge 
shall open after a one-hour advance notice is given.
    The owner of the bridge, Massachusetts Department of 
Transportation, has been crewing the bridge in excess of the time 
required in the existing regulations during the winter months, November 
1 through March 31. They have been crewing the bridge from 5 a.m. 
through 9 p.m. with a one-hour advance notice required from 9 p.m. 
through 5 a.m. This allows the bridge owner to crew the bridge in two 
eight hour shifts rather than one eight hour shift plus four hours of 
overtime.
    The bridge owner has subsequently requested a change to the 
regulations to allow them to crew the bridge year round from 5 a.m. 
through 9 p.m., daily, with a one-hour advance notice from 9 p.m. 
through 5 a.m.
    The bridge owner provided bridge logs which indicated few requests 
to open the draw after 9 p.m. In addition, the NRG power plant (Montop 
Electric) which formerly operated upstream from the bridge has closed 
permanently which will eliminate most, if not all, commercial vessel 
transits.
    The bridge opening logs for the past three years, 2007, 2008, and 
2009, indicated few requests to open the bridge after 9 p.m. year round 
for vessel traffic.
    There were 11 requests to open the bridge after 9 p.m. in 2009, 9 
requests to open after 9 p.m. in 2008, and 14 requests to open after 9 
p.m. in 2007.
    Under this proposed rule the bridge would open on signal year round 
from 5 a.m. to 9 p.m. and between 9 p.m. and 5 a.m., after a one-hour 
advance notice is given by calling the number posted at the bridge.
    Coast Guard believes this proposed rule is reasonable, and if 
implemented, should continue to meet the present and future needs of 
navigation.

Discussion of Proposed Rule

    The Coast Guard proposes to amend the drawbridge operation 
regulations for the Brightman Street (Rt-6) Bridge by revising 33 CFR 
117.619, which lists the operation of the Brightman Street Bridge.
    This proposed rule would change the regulations to allow the bridge 
to open on signal from 5 a.m. through 9 p.m., and after a one-hour 
advance notice is given from 9 p.m. through 5 a.m. year round.
    It is anticipated that commercial vessel traffic will be 
infrequent, if not, non-existent, due to the permanent closing of the 
NRG power plant (Montop Electric) formerly located upstream from the 
bridge. Several coal deliveries were made to the power plant each month 
while it was in operation; however, the power plant has subsequently 
ceased operation.
    In addition, we are removing the language formerly located in 
paragraph (c) from the proposed regulation because the bridge it 
references, the Bristol County Bridge at mile 10.3, across the Taunton 
River has been removed and replaced with a fixed highway bridge; thus, 
the drawbridge operation regulations are no longer necessary.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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 section 6(a)(3) of that Order. The Office of Management and 
Budget has not reviewed it under that Order. This conclusion is based 
upon the fact that this proposal expands the time period the bridge is 
crewed in the winter months and extends the winter schedule to year 
round based on historic infrequent use between 9 p.m. and 5 a.m.

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 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 action will not have a significant 
economic impact on a substantial number of small entities for the 
following reasons. The vessel operators that normally frequent this 
waterway will still be able to obtain bridge openings after 9 p.m. by 
simply providing a one-hour advance notice by calling the number posted 
at the bridge.
    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 Mr. John W. McDonald, Project 
Officer, First Coast Guard District Bridge branch by telephone at 617-
223-8364 or by e-mail john.w.mcdonald@uscg.mil. 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.

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

[[Page 32353]]

$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 rule elsewhere in this preamble.

Taking of Private Property

    This proposed rule would 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.

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 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 
made a preliminary determination that this action is one of a category 
of actions which do not individually or cumulatively have a significant 
effect on the human environment because it simply promulgates the 
operating regulations or procedures for drawbridges. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

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

    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.
    2. Section 117.619 is revised to read as follows:


Sec.  117.619  Taunton River.

    (a) The Brightman Street (Route-6) Bridge at mile 1.8, between Fall 
River and Somerset, shall operate as follows:
    (b) The draw shall open on signal between 5 a.m. and 9 p.m., daily. 
From 9 p.m. through 5 a.m. the draw shall open on signal after at least 
a one-hour advance notice is given by calling the number posted at the 
bridge.
    (c) From June 1 through August 31, the draw need not open for the 
passage of pleasure craft from 7 a.m. to 9:30 a.m. and from 4 p.m. to 
6:30 p.m., Monday through Friday, except holidays. The draw shall open 
for commercial vessels at all times.
    (d) From 6 p.m. on December 24 to midnight on December 25, and from 
6 p.m. on December 31 to midnight on January 1, the draw shall open on 
signal if at least a two-hour advance notice is given by calling the 
number posted at the bridge.
    The owner of the bridge shall provide and keep in good legible 
condition clearance gauges located on both upstream and downstream 
sides of the draw with figures not less than twelve inches in height, 
designed, installed and maintained according to the provisions of 
section 118.160 of this chapter.

    Dated: May 25, 2010.
Joseph A. Servidio,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 2010-13643 Filed 6-7-10; 8:45 am]
BILLING CODE 9110-04-P

