Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules 32351 

This document is issued under 

authority of 5 U.S.C. 552(a); 33 CFR 

1.05–1; and 117.8. 

Dated: May 20, 2010. 

J.R. Castillo, 

Rear Admiral, U.S. Coast Guard, Commander, 

Eleventh Coast Guard District. 

[FR Doc. 2010–13642 Filed 6–7–10; 8:45 am] 

BILLING CODE 9110–04–P 

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. 

SUMMARY: The Coast Guard proposes to 

change the drawbridge operation 

regulations for the Brightman Street (Rt6) 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 81⁄2; 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. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
32352 Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules 

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 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules 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: 

§ 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2010–0276; FRL–9139–8] 

Revisions to the California State 

Implementation Plan, South Coast Air 

Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the South Coast Air Quality 

Management District portion of the 

California State Implementation Plan 

(SIP). These revisions concern standards 

for continuous emission monitoring 

systems. We are proposing to approve 

local rules to regulate the monitoring of 

emissions under the Clean Air Act as 

amended in 1990 (CAA or the Act). 

DATES: Any comments on this proposal 

must arrive by July 8, 2010. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2010–0276, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions. 

2. E-mail: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air–4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS