Drawbridge Operation Regulation; Saugus River, Revere and Lynn, MA, 60976-60977 [2014-24171]
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<![CDATA[
60976
Federal Register / Vol. 79, No. 196 / Thursday, October 9, 2014 / Rules and Regulations
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.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
B. Basis and Purpose
[Docket No. USCG–2014–0272]
RIN 1625–AA09
Drawbridge Operation Regulation;
Saugus River, Revere and Lynn, MA
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
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.
SUMMARY:
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 https://
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:
tkelley on DSK3SPTVN1PROD with RULES
DATES:
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
VerDate Sep<11>2014
16:15 Oct 08, 2014
Jkt 235001
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.
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
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
E:\FR\FM\09OCR1.SGM
09OCR1
Federal Register / Vol. 79, No. 196 / Thursday, October 9, 2014 / Rules and Regulations
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.
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
14. Environment
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
List of Subjects in 33 CFR Part 117
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 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.
tkelley on DSK3SPTVN1PROD with RULES
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
VerDate Sep<11>2014
16:15 Oct 08, 2014
Jkt 235001
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.
*
*
*
*
*
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
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
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
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.
7. Unfunded Mandates Reform Act
60977
37 CFR Part 210
[Docket No. 2012–7]
Technical Amendments to Mechanical
and Digital Phonorecord Delivery
Compulsory License
U.S. Copyright Office, Library
of Congress.
ACTION: Final rule; correction.
AGENCY:
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-ofSUMMARY:
E:\FR\FM\09OCR1.SGM
09OCR1
]]>Agencies
[Federal Register Volume 79, Number 196 (Thursday, October 9, 2014)]
[Rules and Regulations]
[Pages 60976-60977]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24171]
[[Page 60976]]
=======================================================================
-----------------------------------------------------------------------
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 two-hour 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 https://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 two-hour 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
[[Page 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
0
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.
0
2. Revise Sec. 117.618, paragraph (b), to read as follows:
Sec. 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
