60976 Federal Register / Vol. 79, No. 196 / Thursday, October 9, 2014 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2014–0272] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Saugus River, Revere and Lynn, MA 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is changing 

the operating schedule that governs the 

General Edwards SR1A Bridge across 

the Saugus River at mile 1.7, between 

Revere and Lynn, Massachusetts. The 

bridge owner, Massachusetts 

Department of Transportation, 

submitted a request to require a twohour advance notice for bridge openings 

at all times based upon infrequent 

requests to open the draw during past 

years. It is expected that this change to 

the regulations will create efficiency in 

drawbridge operations while continuing 

to meet the reasonable needs of 

navigation. 

DATES: This rule is effective November 

10, 2014. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket USCG– 

2014–0272. To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type in the docket 

number in the ‘‘Search’’ box and click 

‘‘SEARCH.’’ Click Open Docket Folder 

on the line associated with this 

rulemaking. You may also visit 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. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Mr. John 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 

Cheryl Collins, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

A. Regulatory History and Information 

On April 25, 2014, we published a 

notice of proposed rulemaking (NPRM) 

entitled ‘‘Drawbridge Operation 

Regulation Saugus River, Revere and 

Lynn, Massachusetts’’ in the Federal 

Register (79 FR 22911). We received no 

comments on the proposed rule. No 

public meeting was requested, and none 

was held. 

B. Basis and Purpose 

The General Edwards SR1A Bridge 

across the Saugus River at mile 1.7, 

between Revere and Lynn, 

Massachusetts, has a vertical clearance 

of 27 feet at mean high water and 36 feet 

at mean low water. The drawbridge 

operation regulations are listed at 33 

CFR 117.618(b). 

The waterway users are commercial 

lobster boats and seasonal recreational 

vessels of various sizes. 

The owner of the bridge, 

Massachusetts Department of 

Transportation, submitted a request to 

the Coast Guard to change the 

drawbridge operating regulations that 

presently require the bridge to open on 

signal; except that, from April 1 through 

November 30, from midnight through 8 

a.m. at least an eight hour advance 

notice is required for bridge openings, 

and at all times from December 1 

through March 31, at least an eight hour 

advance notice is required for bridge 

openings. 

Under this final rule the bridge will 

open on signal at all times if at least a 

two-hour advance notice is given by 

calling the number posted at the bridge. 

C. Discussion of Comments, Changes 

and the Final Rule 

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. 

D. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on these statutes or executive 

orders. 

1. 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. We believe that this rule is not 

a significant regulatory action because 

the bridge will still open for all vessel 

traffic at all times provided the twohour advance notice is given. 

2. 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 Coast 

Guard received no comments from the 

Small Business Administration on this 

rule. 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 rule would affect the following 

entities, some of which might be small 

entities: The owners or operators of 

vessels needing to transit through the 

bridge. 

This action will not have a significant 

economic impact on a substantial 

number of small entities for the 

following reasons: The General Edwards 

SR1A Bridge will open on signal at all 

times provided at least a two hour 

advance notice is given. 

3. 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 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. 

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). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

4. 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). 

5. Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on States, on the relationship 

between the national government and 


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Federal Register / Vol. 79, No. 196 / Thursday, October 9, 2014 / Rules and Regulations 60977 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it does not have 

implications for federalism. 

6. 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. 

7. 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. 

8. 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. 

9. 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. 

10. 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. 

11. 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. 

12. Energy Effects 

This action is not a ‘‘significant 

energy action’’ under Executive order 

13211, Actions Concerns Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

14. 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 simply 

promulgates the operating regulations or 

procedures for drawbridges. 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. 

For the reasons discussed in the 

preamble, the Coast Guard amends 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. Revise § 117.618, paragraph (b), to 

read as follows: 

§ 117.618 Saugus River. 

* * * * * 

(b) The draw of the General Edwards 

SR1A Bridge, mile 1.7, between Revere 

and Lynn, shall open on signal at all 

times if at least a two-hour advance 

notice is given by calling the number 

posted at the bridge. 

* * * * * 

Dated: July 30, 2014. 

L.L. Fagan, 

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

First Coast Guard District. 

[FR Doc. 2014–24171 Filed 10–8–14; 8:45 am] 

BILLING CODE 9110–04–P 

LIBRARY OF CONGRESS 

U.S. Copyright Office 

37 CFR Part 210 

[Docket No. 2012–7] 

Technical Amendments to Mechanical 

and Digital Phonorecord Delivery 

Compulsory License 

AGENCY: U.S. Copyright Office, Library 

of Congress. 

ACTION: Final rule; correction. 

SUMMARY: The United States Copyright 

Office published in the Federal Register 

of September 18, 2014, a final rule 

implementing section 115(c)(5) of the 

Copyright Act of 1976, title 17 of the 

United States Code and prescribing by 

regulation the procedures for the 

monthly payment of royalties and 

preparation and service of monthly and 

annual statements of account by 

licensees pursuant to the Section 115 

compulsory license for the making and 

distribution of phonorecords of 

nondramatic musical works. This 

document makes technical corrections 

to that final rule. 

DATES: Effective on November 17, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Sarang V. Damle, Special Advisor to the 

General Counsel by email at sdam@

loc.gov, Stephen Ruwe, AttorneyAdvisor, Office of the General Counsel, 

or Rick Marshall, Attorney-Advisor, 

Office of the General Counsel, at the 

U.S. Copyright Office, P.O. Box 70400, 

Washington, DC 20024. Telephone: 

(202) 707–8350. 

SUPPLEMENTARY INFORMATION: The 

United States Copyright Office 

published a final rule in the Federal 

Register of September 18, 2014 (79 FR 

56190), which prescribed by regulation 

the procedures for the monthly payment 

of royalties and preparation and service 

of monthly and annual statements of 

account by licensees pursuant to the 

Section 115 compulsory license for the 

making and distribution of 

phonorecords of nondramatic musical 

works. The final rule updated the 

existing payment and statement-ofaccount regulations in response to legal 

and marketplace developments, 

including the Copyright Royalty Board’s 

adoption of newer percentage-ofVerDate Sep<11>2014 16:15 Oct 08, 2014 Jkt 235001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\09OCR1.SGM 09OCR1

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