
[Federal Register: August 24, 2010 (Volume 75, Number 163)]
[Rules and Regulations]               
[Page 51938-51940]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24au10-10]                         

-----------------------------------------------------------------------

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: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard has changed the drawbridge operation 
regulations

[[Page 51939]]

that govern the operation of the Brightman Street (Rt-6) Bridge at mile 
1.8, across the Taunton River between Fall River and Somerset, 
Massachusetts. This final rule will help relieve the bridge owner from 
the burden of crewing the bridge at times when there have been few 
requests to open the bridge. In addition, we are also removing some 
obsolete language from the regulations, the operation regulations for 
the Bristol County Bridge at mile 10.3, because that bridge has 
subsequently been replaced with a fixed highway bridge.

DATES: This rule is effective September 23, 2010.

ADDRESSES: Comments and related materials received from the public, as 
well as documents mentioned in this preamble as being available in the 
docket, are part of docket USCG-2010-0234 and are available online by 
going to http://www.regulations.gov, inserting USCG-2010-0234 in the 
``Keyword'' box, and then clicking ``Search.'' This material is also 
available for inspection or copying at the 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, 
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 e-mail Mr. John W. McDonald, Project Officer, First Coast Guard 
District Bridge Branch, 617-223-8364, john.w.mcdonald@uscg.mil. If you 
have questions on viewing the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On June 8, 2010, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations Taunton River in the 
Federal Register (75 FR 32351). We received no comments on the proposed 
rule. No public meeting was requested, and none was held.

Basis 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.
    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.
    The Coast Guard believes this proposed rule is reasonable, and if 
implemented, should continue to meet the present and future needs of 
navigation.

Discussion of Comments and Changes

    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.

Regulatory Analyses

    We developed this 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 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 final rule 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 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 rule will 
not have a significant economic impact on a substantial number of small 
entities. This conclusion is based upon the fact that 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
better evaluate its effects on them and participate in the rulemaking 
process.

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).

[[Page 51940]]

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 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 (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.

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.

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.

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.

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.

Energy Effects

    We have analyzed this 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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

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 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.

0
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. 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.
    (e) 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 Sec.  
118.160 of this chapter.

    Dated: August 10, 2010.
Daniel A. Neptun,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2010-20922 Filed 8-23-10; 8:45 am]
BILLING CODE 9110-04-P

