[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 James.L.Rousseau2@uscg.mil.

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

[[Page 65730]]

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]
BILLING CODE 9110-04-P


