[Federal Register Volume 70, Number 209 (Monday, October 31, 2005)]
[Rules and Regulations]
[Pages 62254-62256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21574]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD01-05-074]
RIN 1625-AA09


Drawbridge Operation Regulations: Saugus River, MA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard has temporarily changed the drawbridge 
operation regulations that govern the operation of the General Edwards 
SR1A Bridge, at mile 1.7, across the Saugus

[[Page 62255]]

River between Lynn and Revere, Massachusetts. This temporary change to 
the drawbridge operation regulations allows the bridge to remain in the 
closed position from November 1, 2005 through April 30, 2006. This 
action is necessary to facilitate structural maintenance at the bridge.

DATES: This rule is effective from November 1, 2005, through April 30, 
2006.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket (CGD01-05-074) and are available for inspection or 
copying at the First Coast Guard District, Bridge Branch Office, 408 
Atlantic Avenue, Boston, Massachusetts 02110, between 7 a.m. and 3 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. John McDonald, Project Officer, 
First Coast Guard District, (617) 223-8364.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On September 29, 2005, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations; Saugus River, 
Massachusetts, in the Federal Register (70 FR 56878). We received no 
comments in response to the notice of proposed rulemaking. No public 
hearing was requested and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds good cause exists 
for making this rule effective less than 30 days after publication in 
the Federal Register.
    The rehabilitation repairs to the General Edwards Bridge are vital, 
necessary repairs that must be performed as soon as possible to assure 
the continued safe reliable operation of the bridge.
    The time period selected for these repairs, November through April, 
is the best time to perform the repairs because the bridge seldom opens 
for vessel traffic during that time period. There were 7 bridge 
openings in November 2004, and no openings December through March. The 
few bridge openings that were requested in November were for 
recreational vessels that may have passed under the draw at low tide 
without requiring a bridge opening.
    The impacts to the marine transportation system are therefore 
minimized by scheduling the bridge closure November through April; 
therefore, any delay in implementing these repairs would not be in the 
best interest of the public and contrary to public safety. Delaying the 
effective date of this rulemaking would also require the rehabilitation 
construction work to continue beyond the proposed April 30, 2005, end 
date, which would result in the bridge closure continuing into May when 
recreational vessel traffic increases.
    As a result of the above information the Coast Guard believes the 
best time period to perform this vital work and minimize the impacts on 
the marine users is November through April.

Background and Purpose

    The General Edwards SR1A Bridge at mile 1.7, across the Saugus 
River, has a vertical clearance of 27 feet at mean high water and 36 
feet at mean low water. The existing regulations at 33 CFR 117.618 
require the draw to open on signal, except that, from April 1 through 
November 30, midnight to 8 a.m. an eight-hour notice is required. From 
December 1 through March 31, an eight-hour notice is required at all 
times for bridge openings.
    The bridge owner, the Department of Conservation and Recreation 
(DCR), asked the Coast Guard to temporarily change the drawbridge 
operation regulations to allow the bridge to remain in the closed 
position from November 1, 2005 through April 30, 2006, to facilitate 
structural rehabilitation construction at the bridge.
    This temporary rule suspends the existing drawbridge operation 
regulations, listed at 33 CFR 117.618(b), and adds a new temporary 
paragraph (d) to allow the bridge to remain in the closed position from 
November 1, 2005 through April 30, 2006.
    The Coast Guard believes this temporary rule is reasonable because 
bridge openings are rarely requested during the time period the SR1A 
Bridge will be closed for these repairs and the fact that this work is 
vital, necessary, and must be performed in order to assure the 
continued safe and reliable operation of the bridge.

Discussion of Comments and Changes

    The Coast Guard received no comments in response to the notice of 
proposed rulemaking and as a result, no changes have been made to this 
final rule.

Regulatory Evaluation

    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. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security (DHS).
    This conclusion is based on the fact that the bridge rarely opens 
during the November through April time period.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
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 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 on the fact that the bridge rarely opens 
during the November through April time period.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), 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.
    No small entities requested Coast Guard assistance and none was 
given.
    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).

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).

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

[[Page 62256]]

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 State, local, or tribal government, in the 
aggregate, or by the private sector of $100,000,000 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 effect 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 does not concern an 
environmental risk to health or risk to safety that may 
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 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 Commandant Instruction M16475.1D, 
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 there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (32)(e), of the Instruction, from further 
environmental documentation. It has been determined that this final 
rule does not significantly impact the environment.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

0
For the reasons set out 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(g); Department of 
Homeland Security Delegation No. 0170.1; section 117.255 also issued 
under the authority of Public Law 102-587, 106 Stat. 5039.

0
2. From November 1, 2005 through April 30, 2006, Sec.  117.618(b) is 
suspended and a new paragraph (d) is added to read as follows:


Sec.  117.618  Saugus River.

* * * * *
    (d) The draw of the General Edwards SR1A Bridge at mile 1.7, need 
not open for the passage of vessel traffic from November 1, 2005 
through April 30, 2006.

    Dated: October 21, 2005.
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 05-21574 Filed 10-28-05; 8:45 am]
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