Drawbridge Operation Regulation; Chelsea River, Chelsea, MA, 65728-65730 [2019-25978]

Download as PDF 65728 Federal Register / Vol. 84, No. 230 / Friday, November 29, 2019 / Proposed Rules Delaware, Interport Pilots Association, and port and terminal representatives. These meetings provided valued insight toward the need for additional anchorage grounds to accommodate current and future vessel traffic, improve navigation safety, and facilitate continued growth of Delaware River ports and associated economic activity. Potential anchorage grounds discussed included the two anchorage areas requested during the ACPARS study as well as a third in the lower bay. Following the naming convention in 33 CFR 110.157, these anchorages were notionally referred to as Anchorage B— Breakwater, Anchorage C—Cape Henlopen, and Anchorage D—Indian River. Anchorage B—Breakwater is notionally located in the Delaware Bay beginning approximately 2.5 miles north of Cape Henlopen, DE, includes areas traditionally used by vessels for anchoring, and is in naturally deep water with charted depths between 50 and 77 feet. The anchorage grounds as contemplated include the waters bounded by a line connecting the following points: Latitude 38°52′44.43″ 38°52′06.27″ 38°51′19.83″ 38°50′45.99″ 38°52′44.43″ Longitude N N N N N 75°06′43.93″ W 75°05′46.69″ W 75°5′42.73″ W 75°06′15.49″ W 75°08′40.57″ W (DATUM: WGS84) Anchorage C—Cape Henlopen is notionally located in the Atlantic Ocean approximately 9.4 miles east of the Delaware coast and is in naturally deep water with charted depths between 41 and 85 feet. The anchorage ground includes areas anticipated to be used by vessels for anchoring once offshore wind energy areas are developed. The anchorage grounds as contemplated include the waters bounded by a line connecting the following points: Latitude Longitude 38°40′54.03″ N 38°40′56.11″ N 38°37′36.03″ N 74°52′00.01″ W 74°48′51.35″ W 74°48′30.01″ W khammond on DSKJM1Z7X2PROD with PROPOSALS (DATUM: WGS84) Anchorage D—Indian River is notionally located in the Atlantic Ocean beginning approximately 6 miles east of the Delaware coast, includes areas traditionally used by vessels for anchoring, and is in naturally deep water with charted depths between 40 and 85 feet. The frequency of vessels using the anchorage grounds is anticipated to increase once offshore VerDate Sep<11>2014 16:27 Nov 27, 2019 Jkt 250001 wind energy areas are developed. These anchorage grounds as contemplated include the waters bounded by a line connecting the following points: Latitude 38°34′56.28″ 38°33′40.94″ 38°31′31.11″ 38°29′07.38″ 38°28′56.90″ 38°30′07.40″ Longitude N N N N N N 74°52′19.13″ 74°54′41.51″ 74°55′27.97″ 74°53′29.26″ 74°50′28.70″ 74°48′08.39″ W W W W W W (DATUM: WGS84) System of Records notice (84 FR 48645, September 26, 2018). Documents mentioned in this notice of inquiry as being available in the docket, and all public comments, will be in our online docket at https:// www.regulations.gov and can be viewed by following that website’s instructions. Dated: November 22, 2019. Keith M. Smith, Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. 2019–25854 Filed 11–27–19; 8:45 am] We are considering amending our regulations to establish these three notional anchorages. You may find illustrations of these notional anchorages in the docket where indicated under ADDRESSES. Additionally, the notional anchorages are available for viewing on the MidAtlantic Ocean Data Portal at http:// portal.midatlanticocean.org/visualize/. See the ‘‘Maritime’’ portion of the Data Layers section. BILLING CODE 9110–04–P III. Information Requested We seek your comments on whether we should consider a proposed rulemaking to establish additional regulated anchorage grounds in the Delaware Bay and Atlantic Ocean. In particular, the Coast Guard requests your input to determine to what extent the notional anchorages, Anchorage B— Breakwater, Anchorage C—Cape Henlopen, and Anchorage D—Indian River would accommodate current and future vessel traffic, improve navigation safety, and facilitate continued growth of Delaware River ports, offshore renewable energy and associated economic activity; or if the status quo should be maintained, or other actions should be considered. Drawbridge Operation Regulation; Chelsea River, Chelsea, MA IV. Public Participation and Request for Comments We encourage you to submit comments through the Federal portal at https://www.regulations.gov. If your material cannot be submitted using https://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. In your submission, please include the docket number for this notice of inquiry and provide a reason for each suggestion or recommendation. We accept anonymous comments. All comments received will be posted without change to https:// www.regulations.gov and will include any personal information you have provided. For more about privacy and submissions in response to this document, see DHS’s Correspondence PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2019–0809] RIN 1625–AA09 Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to modify the operating schedule that governs the Chelsea Street Bridge across the Chelsea River, mile 1.3, at Chelsea, Massachusetts. The bridge owner, Massachusetts Department of Transportation (MassDOT), submitted a request to allow the bridge to open to 139 feet above mean high water instead of the full open position of 175 feet unless a full bridge opening is requested. It is expected that this change to the regulations will create efficiency in drawbridge operations and better serve the needs of the community while continuing to meet the reasonable needs of navigation. DATES: Comments and related material must reach the Coast Guard on or before January 28, 2020. ADDRESSES: You may submit comments identified by docket number USCG– 2019–0809 using Federal e-Rulemaking Portal at http://www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. SUMMARY: If you have questions on this proposed rule, call or email Jim Rousseau, Project Officer, First Coast Guard District, telephone (617) 223–8619, email James.L.Rousseau2@uscg.mil. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: E:\FR\FM\29NOP1.SGM 29NOP1 Federal Register / Vol. 84, No. 230 / Friday, November 29, 2019 / Proposed Rules The bridge tender will be aware of the vertical clearance from the low steel chord of the bridge to the water level by a sensor displaying distance on the Operator Control Panel housed in the Drawbridge Control Room at the bridge. A selector switch will be placed in the 139 foot position or full lift (175 feet) position by the bridge tender prior to operations depending on the vessel requirements. I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security E.O. Executive order FR Federal Register OMB Office of Management and Budget NPRM Notice of proposed rulemaking Pub. L. Public Law § Section U.S.C. United States Code khammond on DSKJM1Z7X2PROD with PROPOSALS II. Background, Purpose and Legal Basis III. Discussion of Proposed Rule The Chelsea Street Bridge at mile 1.3, across the Chelsea River, at Chelsea, Massachusetts, has a vertical clearance in the closed position of 9.33 feet at mean high water and 20.02 feet at mean low water. Horizontal clearance is approximately 225 feet. The waterway users include recreational and commercial vessels, including tugboat/ barge combinations and tankers. The existing drawbridge operating regulations is listed at 33 CFR 117.593. In September of 2019, the owner of the bridge, MassDOT, requested a change to the drawbridge operation regulations to allow the Chelsea Street Bridge to open to 139 feet above mean high water, which is an acceptable height for all vessels requesting openings on the Chelsea River. The requested change in drawbridge operations is due to the increased volume of traffic across the bridge during peak commuting hours, making bridge openings up to 175 feet impractical. This change in opening height reduces the opening time by 2– 6 minutes per opening. The Chelsea Street Bridge will perform a full bridge opening of 175 feet above mean high water when requested to do so. The existing regulations require the bridge to open immediately on signal and will continue to do so. MassDOT reached out to the maritime stakeholders with the requested change proposed and received no objections. Under this proposed rule the draw would open on signal as stated above, but only to 139 feet above mean high water, except when a full opening to 175 feet above mean high water is requested. We analyzed the bridge opening data for the Chelsea River Bridge during calendar years June 2017– June 2018, comparing the number of bridge openings required to 175 feet and the number of bridge openings required to 139 feet for each month of the year. The bridge opening breakdown for June 2017–June 2018 is as follows: Out of the total 1967 bridge openings, none were needed to the 175 foot elevation and the remaining 100% could clear the 139 foot elevation. VerDate Sep<11>2014 16:27 Nov 27, 2019 Jkt 250001 As a result of the data mentioned above the Coast Guard believes that allowing the Chelsea River Bridge to open to 139 feet, except when a request to open to 175 feet is requested, is reasonable based on the zero requests needed to open to 175 feet and to match actual operations. Due to the unique nature of the drawbridge operation for this MassDOT Bridge, the Coast Guard also proposes to alter the lighting requirements to better meet the needs of navigation at this drawbridge. In accordance with 33 CFR 118.85, the center of the navigational channel under the operable span will be marked by a range of two green lights when the vertical span is open to navigation. The Coast Guard proposes to allow one solid green light and one flashing green light when the bridge is at the 139 footmark and two solid green lights when the bridge is fully opened to 175 feet. We believe this proposed rule will continue to meet the reasonable needs of navigation while also improving drawbridge efficiency of operation. IV. Regulatory Analyses We developed this proposed rule after considering numerous statutes and Executive Orders related to rulemaking. Below we summarize our analyses based on these statutes and Executive Orders and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This NPRM has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, the Office of Management and Budget (OMB) has not reviewed the NPRM and pursuant to OMB guidance, it is exempt from the requirements of Executive Order 13771. PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 65729 The Coast Guard believes this rule is not a significant regulatory action because the bridge will open fully for any vessel upon request. We believe that this proposed change to the drawbridge operation regulations at 33 CFR 117.593 will meet the reasonable needs of navigation. B. 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 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. The bridge provides 9.33 feet mean high water and 20.02 feet mean low water of vertical clearance that should accommodate all the present recreational vessel traffic except commercial tugs and deep draft vessels. The bridge will continue to open on signal. While some owners or operators of vessels intending to transit the bridge may be small entities, for the reasons stated in section IV.A above, this proposed rule would not have a significant economic impact on any vessel owner or operator. 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. 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. 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. 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. C. Collection of Information This proposed rule would call for no new collection of information under the E:\FR\FM\29NOP1.SGM 29NOP1 65730 Federal Register / Vol. 84, No. 230 / Friday, November 29, 2019 / Proposed Rules Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520.). D. Federalism and Indian Tribal Government A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this proposed rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, 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. If you believe this proposed rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. khammond on DSKJM1Z7X2PROD with PROPOSALS E. 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 proposed rule will not result in such an expenditure, we do discuss the effects of this proposed rule elsewhere in this preamble. F. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 023–01 and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This proposed rule promulgates the operating regulations or procedures for drawbridges. Normally, this action is VerDate Sep<11>2014 16:27 Nov 27, 2019 Jkt 250001 categorically excluded from further review, under paragraph L49, of Chapter 3, Table 3–1 of the U.S. Coast Guard Environmental Planning Implementation Procedures. 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. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http:// www.regulations.gov. If your material cannot be submitted using http:// www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http:// www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit http:// www.regulations.gov/privacynotice. Documents mentioned in this NPRM as being available in this docket and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website’s instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. 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: Frm 00024 Fmt 4702 1. The authority citation for part 117 continues to read as follows: ■ Authority: 33 U.S.C. 499; 33 CFR 1.05–1; DHS Delegation No. 0170.1. G. Protest Activities PO 00000 PART 117—DRAWBRIDGE OPERATION REGULATIONS Sfmt 4702 ■ 2. Revise § 117.593 to read as follows: § 117.593 Chelsea River. (a) All drawbridges across Chelsea River shall open on signal. The opening signal for each drawbridge is two prolonged blasts followed by two short blasts and one prolonged blast. The acknowledging signal is three prolonged blasts when the draw can be opened immediately and is two prolonged blasts when the draw cannot be open or is open and must be closed. (b) The draw of the Chelsea Street Bridge, mile 1.3, at Chelsea, shall open as follows: (1) The draw shall open on signal to 139 feet above mean high water for all vessel traffic unless a full bridge opening to 175 feet above mean high water is requested. (2) The 139 foot opening will be signified by a range light display with one solid green light and one flashing green light and the full 175 foot opening will be signified with two solid green range lights. Dated: October 25, 2019. A.J. Tiongson, Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District. [FR Doc. 2019–25978 Filed 11–27–19; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2019–0765] RIN 1625–AA00 Safety Zones; Waterway Training Areas, Captain of the Port MarylandNational Capital Region Zone Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard is proposing to establish four safety zones for certain waters of the Patapsco River, Chesapeake Bay, and Potomac River. This action is necessary to provide for the safety of life on these navigable waters at Baltimore Harbor Anchorage No. 5, between Belvidere Shoal and Kent Island, MD, between Point Lookout, MD, and St. George Island, SUMMARY: E:\FR\FM\29NOP1.SGM 29NOP1

Agencies

[Federal Register Volume 84, Number 230 (Friday, November 29, 2019)]
[Proposed Rules]
[Pages 65728-65730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25978]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2019-0809]
RIN 1625-AA09


Drawbridge Operation Regulation; Chelsea River, Chelsea, MA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to modify the operating schedule that 
governs the Chelsea Street Bridge across the Chelsea River, mile 1.3, 
at Chelsea, Massachusetts. The bridge owner, Massachusetts Department 
of Transportation (MassDOT), submitted a request to allow the bridge to 
open to 139 feet above mean high water instead of the full open 
position of 175 feet unless a full bridge opening is requested. It is 
expected that this change to the regulations will create efficiency in 
drawbridge operations and better serve the needs of the community while 
continuing to meet the reasonable needs of navigation.

DATES: Comments and related material must reach the Coast Guard on or 
before January 28, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0809 using Federal e-Rulemaking Portal at http://www.regulations.gov.
    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 email Jim Rousseau, Project Officer, First Coast Guard 
District, telephone (617) 223-8619, email [email protected].

SUPPLEMENTARY INFORMATION:

[[Page 65729]]

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    The Chelsea Street Bridge at mile 1.3, across the Chelsea River, at 
Chelsea, Massachusetts, has a vertical clearance in the closed position 
of 9.33 feet at mean high water and 20.02 feet at mean low water. 
Horizontal clearance is approximately 225 feet. The waterway users 
include recreational and commercial vessels, including tugboat/barge 
combinations and tankers.
    The existing drawbridge operating regulations is listed at 33 CFR 
117.593.
    In September of 2019, the owner of the bridge, MassDOT, requested a 
change to the drawbridge operation regulations to allow the Chelsea 
Street Bridge to open to 139 feet above mean high water, which is an 
acceptable height for all vessels requesting openings on the Chelsea 
River. The requested change in drawbridge operations is due to the 
increased volume of traffic across the bridge during peak commuting 
hours, making bridge openings up to 175 feet impractical. This change 
in opening height reduces the opening time by 2-6 minutes per opening. 
The Chelsea Street Bridge will perform a full bridge opening of 175 
feet above mean high water when requested to do so. The existing 
regulations require the bridge to open immediately on signal and will 
continue to do so.
    MassDOT reached out to the maritime stakeholders with the requested 
change proposed and received no objections.
    Under this proposed rule the draw would open on signal as stated 
above, but only to 139 feet above mean high water, except when a full 
opening to 175 feet above mean high water is requested. We analyzed the 
bridge opening data for the Chelsea River Bridge during calendar years 
June 2017-June 2018, comparing the number of bridge openings required 
to 175 feet and the number of bridge openings required to 139 feet for 
each month of the year.
    The bridge opening breakdown for June 2017-June 2018 is as follows: 
Out of the total 1967 bridge openings, none were needed to the 175 foot 
elevation and the remaining 100% could clear the 139 foot elevation.
    The bridge tender will be aware of the vertical clearance from the 
low steel chord of the bridge to the water level by a sensor displaying 
distance on the Operator Control Panel housed in the Drawbridge Control 
Room at the bridge. A selector switch will be placed in the 139 foot 
position or full lift (175 feet) position by the bridge tender prior to 
operations depending on the vessel requirements.

III. Discussion of Proposed Rule

    As a result of the data mentioned above the Coast Guard believes 
that allowing the Chelsea River Bridge to open to 139 feet, except when 
a request to open to 175 feet is requested, is reasonable based on the 
zero requests needed to open to 175 feet and to match actual 
operations.
    Due to the unique nature of the drawbridge operation for this 
MassDOT Bridge, the Coast Guard also proposes to alter the lighting 
requirements to better meet the needs of navigation at this drawbridge. 
In accordance with 33 CFR 118.85, the center of the navigational 
channel under the operable span will be marked by a range of two green 
lights when the vertical span is open to navigation. The Coast Guard 
proposes to allow one solid green light and one flashing green light 
when the bridge is at the 139 footmark and two solid green lights when 
the bridge is fully opened to 175 feet.
    We believe this proposed rule will continue to meet the reasonable 
needs of navigation while also improving drawbridge efficiency of 
operation.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive Orders related to rulemaking. Below we summarize our 
analyses based on these statutes and Executive Orders and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the Office of Management and Budget (OMB) has not 
reviewed the NPRM and pursuant to OMB guidance, it is exempt from the 
requirements of Executive Order 13771.
    The Coast Guard believes this rule is not a significant regulatory 
action because the bridge will open fully for any vessel upon request. 
We believe that this proposed change to the drawbridge operation 
regulations at 33 CFR 117.593 will meet the reasonable needs of 
navigation.

B. 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 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.
    The bridge provides 9.33 feet mean high water and 20.02 feet mean 
low water of vertical clearance that should accommodate all the present 
recreational vessel traffic except commercial tugs and deep draft 
vessels. The bridge will continue to open on signal. While some owners 
or operators of vessels intending to transit the bridge may be small 
entities, for the reasons stated in section IV.A above, this proposed 
rule would not have a significant economic impact on any vessel owner 
or operator.
    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.
    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. 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. 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.

C. Collection of Information

    This proposed rule would call for no new collection of information 
under the

[[Page 65730]]

Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section above.

E. 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 proposed rule will not 
result in such an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Environmental Planning 
COMDTINST 5090.1 (series), which guide the Coast Guard in complying 
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-
4370f), and have made a preliminary determination that this action is 
one of a category of actions that do not individually or cumulatively 
have a significant effect on the human environment. This proposed rule 
promulgates the operating regulations or procedures for drawbridges. 
Normally, this action is categorically excluded from further review, 
under paragraph L49, of Chapter 3, Table 3-1 of the U.S. Coast Guard 
Environmental Planning Implementation Procedures.

G. 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal e-
Rulemaking Portal at http://www.regulations.gov. If your material 
cannot be submitted using http://www.regulations.gov, contact the 
person in the FOR FURTHER INFORMATION CONTACT section of this document 
for alternate instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacynotice.
    Documents mentioned in this NPRM as being available in this docket 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; DHS Delegation No. 
0170.1.

0
2. Revise Sec.  117.593 to read as follows:


Sec.  117.593  Chelsea River.

    (a) All drawbridges across Chelsea River shall open on signal. The 
opening signal for each drawbridge is two prolonged blasts followed by 
two short blasts and one prolonged blast. The acknowledging signal is 
three prolonged blasts when the draw can be opened immediately and is 
two prolonged blasts when the draw cannot be open or is open and must 
be closed.
    (b) The draw of the Chelsea Street Bridge, mile 1.3, at Chelsea, 
shall open as follows:
    (1) The draw shall open on signal to 139 feet above mean high water 
for all vessel traffic unless a full bridge opening to 175 feet above 
mean high water is requested.
    (2) The 139 foot opening will be signified by a range light display 
with one solid green light and one flashing green light and the full 
175 foot opening will be signified with two solid green range lights.

    Dated: October 25, 2019.
A.J. Tiongson,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2019-25978 Filed 11-27-19; 8:45 am]
BILLING CODE 9110-04-P