Drawbridge Operation Regulations; Taunton River, Fall River and Somerset, MA, 59012-59013 [07-5155]

Download as PDF 59012 Federal Register / Vol. 72, No. 201 / Thursday, October 18, 2007 / Rules and Regulations individual industries, Federal, State, or local government agencies, or geographic regions; and (c) Does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. This determination is based upon the fact that a portion of the State provisions are based upon counterpart Federal regulations for which an analysis was prepared and a determination made that the Federal regulation was not considered a major rule. For the portion of the State provisions that is not based upon counterpart Federal regulations, this determination is based upon the fact that the State provisions are administrative and procedural in nature and are not expected to have a substantive effect on the regulated industry. Unfunded Mandates This rule will not impose an unfunded mandate on State, local, or tribal governments or the private sector of $100 million or more in any given year. This determination is based upon the fact that a portion of the State submittal, which is the subject of this rule, is based upon counterpart Federal regulations for which an analysis was prepared and a determination made that the Federal regulation did not impose an unfunded mandate. For the portion of the State provisions that is not based upon counterpart Federal regulations, this determination is based upon the fact that the State provisions are administrative and procedural in nature and are not expected to have a substantive effect on the regulated industry. Dated: September 27, 2007. H. Vann Weaver, Acting Regional Director, Appalachian Region. List of Subjects in 30 CFR Part 946 Intergovernmental relations, Surface mining, Underground mining. * Original amendment submission date Date of final publication * * March 12, 2007 ..................................... * October 18, 2007 ...... [FR Doc. E7–20559 Filed 10–17–07; 8:45 am] BILLING CODE 4310–05–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [CGD01–07–148] Drawbridge Operation Regulations; Taunton River, Fall River and Somerset, MA Coast Guard, DHS. Notice of temporary deviation from regulations. AGENCY: yshivers on PROD1PC62 with RULES ACTION: SUMMARY: The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the old Brightman Street bascule bridge across the Taunton River at mile 1.8, between Fall River and Somerset, Massachusetts. Under this temporary deviation, in effect from 6 a.m. on October 13, 2007 through 5 p.m. on October 27, 2007, the bridge shall open on signal after a one-hour advance notice is given by calling the number posted at the bridge. This deviation is necessary to facilitate scheduled bridge maintenance. VerDate Aug<31>2005 16:49 Oct 17, 2007 Jkt 214001 1. The authority citation for part 946 continues to read as follows: I Authority: 30 U.S.C. 1201 et seq. 2. Section 946.15 is amended in the table by adding a new entry in chronological order by ‘‘Date of final publication’’ to read as follows: I § 946.15 Approval of Virginia regulatory program amendments. * * * * * * * * 4 VAC 25–130–842.15(d), Review of decision not to inspect or enforce. This deviation is effective from 6 a.m. on October 13, 2007 through 5 p.m. on October 27, 2007. ADDRESSES: Materials referred to in this document 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. The telephone number is (617) 223–8364. The First Coast Guard District Bridge Branch Office maintains the public docket for this temporary deviation. John McDonald, Project Officer, First Coast Guard District, at (617) 223–8364. SUPPLEMENTARY INFORMATION: The old Brightman Street bascule bridge, across the Taunton River at mile 1.8, 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 existing drawbridge operation regulations are listed at 33 CFR 117.619. The owner of the bridge, Massachusetts Highway Department (MHD), requested a temporary deviation to facilitate scheduled bridge maintenance and structural repairs to the sidewalks at the old Brightman Street bascule bridge. FOR FURTHER INFORMATION CONTACT: Frm 00020 PART 946—VIRGINIA Citation/description DATES: PO 00000 For the reasons set out in the preamble, 30 CFR part 946 is amended as set forth below: I Fmt 4700 Sfmt 4700 Under this temporary deviation, in effect from 6 a.m. on October 13, 2007 through 5 p.m. on October 27, 2007, the old Brightman Street bascule bridge shall open on signal after at least a onehour advance notice is given by calling the number posted at the bridge. This work was scheduled during the time of year when the one upstream facility is closed and no deliveries are scheduled. The recreational boat marinas were contacted and have no objection to the one-hour advance notice. An 18′ x 43′ construction work barge may be located in the channel during the prosecution of this bridge maintenance. The work barge will move upon request by calling the bridge tender either on the land line (508) 672– 5111 or on VHF channels 13 and 16. In accordance with 33 CFR 117.35(e), the bridge must return to its regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35. Should the bridge maintenance authorized by this temporary deviation be completed before the end of the effective period published in this notice, the Coast Guard will rescind the remainder of this temporary deviation, and the bridge shall be returned to its normal operating schedule. Notice of E:\FR\FM\18OCR1.SGM 18OCR1 Federal Register / Vol. 72, No. 201 / Thursday, October 18, 2007 / Rules and Regulations the above action shall be provided to the public in the Local Notice to Mariners and the Federal Register, where practicable. Dated: October 9, 2007. Gary Kassof, Bridge Program Manager, First Coast Guard District. [FR Doc. 07–5155 Filed 10–15–07; 4:19 pm] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard For the same reason, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective in less than 30 days after publication in the Federal Register. Background and Purpose On May 31, 2001 the Coast Guard issued a permit, later amended on March 20, 2006, for a fixed, high-level bridge to replace the U.S. 165 bridge, mile 110.1, on the Ouachita River at Columbia, LA. Land traffic has been shifted to the replacement bridge and the drawbridge, governed by 33 CFR 117.483, has been removed from the waterway. 33 CFR Part 117 Discussion of Rule [CGD08–07–020] This final rule amends 33 CFR 117.483 by removing the regulations covering U.S. 165 bridge, mile 110.1 at Columbia, as that bridge has been removed from the waterway. RIN 1625–AA09 Drawbridge Operation Regulations; Ouachita River, LA Regulatory Evaluation Coast Guard, DHS. ACTION: Final rule. AGENCY: The Coast Guard is removing the existing drawbridge operation regulation for the draw of the U.S. 165 bridge, mile 110.1, on the Ouachita River at Columbia, Louisiana. The drawbridge has been removed from the waterway. Therefore, the regulation controlling the operation of the drawbridge is no longer necessary. DATES: This rule is effective October 18, 2007. ADDRESSES: Documents indicated in this preamble as being available in the docket, will become part of this docket and will be available for inspection or copying at room 2.107f, in the Robert A. Young Federal Building, 1222 Spruce Street, St. Louis, MO 63103–2832, between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Mr. Roger K. Wiebusch, Bridge Administrator (314) 269–2378. SUPPLEMENTARY INFORMATION: SUMMARY: yshivers on PROD1PC62 with RULES Regulatory Information We did not publish a notice of proposed rulemaking (NPRM) for this regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing an NPRM. The U.S. 165 bridge was removed from the waterway and replaced by a fixed highlevel bridge. Since the drawbridge no longer exists, the operating schedule in 33 CFR 117.483 for this bridge is no longer needed and is being removed. Notice and comment on this action is not necessary, as there is no need for the regulation to exist any longer. VerDate Aug<31>2005 14:36 Oct 17, 2007 Jkt 214001 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). A special operating regulation was established for the drawbridge. This drawbridge has been removed from the waterway, making the regulation unnecessary. Vessel traffic can continue to pass under the new fixed bridge without interference. Therefore, we expect the economic impact of this rule to be so minimal that a full Regulatory Evaluation under the regulatory policies and procedures of DHS is unnecessary. 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 rule will not have a significant economic impact on a substantial number of small entities. This rule, to remove an obsolete PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 59013 drawbridge regulation, will have no impact on any small entities. 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 so that they may better evaluate its effects on them and participate in the rulemaking process. 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 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 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 affect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. E:\FR\FM\18OCR1.SGM 18OCR1

Agencies

[Federal Register Volume 72, Number 201 (Thursday, October 18, 2007)]
[Rules and Regulations]
[Pages 59012-59013]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-5155]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD01-07-148]


Drawbridge Operation Regulations; Taunton River, Fall River and 
Somerset, MA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, First Coast Guard District, has issued a 
temporary deviation from the regulation governing the operation of the 
old Brightman Street bascule bridge across the Taunton River at mile 
1.8, between Fall River and Somerset, Massachusetts. Under this 
temporary deviation, in effect from 6 a.m. on October 13, 2007 through 
5 p.m. on October 27, 2007, the bridge shall open on signal after a 
one-hour advance notice is given by calling the number posted at the 
bridge. This deviation is necessary to facilitate scheduled bridge 
maintenance.

DATES: This deviation is effective from 6 a.m. on October 13, 2007 
through 5 p.m. on October 27, 2007.

ADDRESSES: Materials referred to in this document 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. The 
telephone number is (617) 223-8364. The First Coast Guard District 
Bridge Branch Office maintains the public docket for this temporary 
deviation.

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

SUPPLEMENTARY INFORMATION: The old Brightman Street bascule bridge, 
across the Taunton River at mile 1.8, 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 existing 
drawbridge operation regulations are listed at 33 CFR 117.619.
    The owner of the bridge, Massachusetts Highway Department (MHD), 
requested a temporary deviation to facilitate scheduled bridge 
maintenance and structural repairs to the sidewalks at the old 
Brightman Street bascule bridge.
    Under this temporary deviation, in effect from 6 a.m. on October 
13, 2007 through 5 p.m. on October 27, 2007, the old Brightman Street 
bascule bridge shall open on signal after at least a one-hour advance 
notice is given by calling the number posted at the bridge.
    This work was scheduled during the time of year when the one 
upstream facility is closed and no deliveries are scheduled. The 
recreational boat marinas were contacted and have no objection to the 
one-hour advance notice.
    An 18' x 43' construction work barge may be located in the channel 
during the prosecution of this bridge maintenance. The work barge will 
move upon request by calling the bridge tender either on the land line 
(508) 672-5111 or on VHF channels 13 and 16.
    In accordance with 33 CFR 117.35(e), the bridge must return to its 
regular operating schedule immediately at the end of the designated 
time period. This deviation from the operating regulations is 
authorized under 33 CFR 117.35.
    Should the bridge maintenance authorized by this temporary 
deviation be completed before the end of the effective period published 
in this notice, the Coast Guard will rescind the remainder of this 
temporary deviation, and the bridge shall be returned to its normal 
operating schedule. Notice of

[[Page 59013]]

the above action shall be provided to the public in the Local Notice to 
Mariners and the Federal Register, where practicable.

    Dated: October 9, 2007.
Gary Kassof,
Bridge Program Manager, First Coast Guard District.
[FR Doc. 07-5155 Filed 10-15-07; 4:19 pm]
BILLING CODE 4910-15-P