Drawbridge Operation Regulation; Chelsea River, Chelsea, MA, 15067-15069 [2020-04965]

Download as PDF Federal Register / Vol. 85, No. 52 / Tuesday, March 17, 2020 / Rules and Regulations SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. If you have questions on this temporary deviation, call or email Ms. Stephanie E. Lopez, First Coast Guard District, Project Officer, telephone 212–514– 4335, email Stephanie.E.Lopez@ uscg.mil. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Table of Abbreviations khammond on DSKJM1Z7X2PROD with RULES CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register I. Background, Purpose and Legal Basis The Loop Parkway Bridge at mile 0.7, across Long Creek, Nassau, New York, has a vertical clearance of 21 feet at mean high water and 25 at mean low water. Horizontal clearance is approximately 75.5 feet. The waterway users include recreational and commercial vessels including fishing vessels. The existing drawbridge operating regulations are listed at 33 CFR 117.799(f). In 2005, the owner of the bridge, New York State Department of Transportation, requested a temporary test deviation for an alternate drawbridge operation regulation; however, it was never followed up with a rulemaking. The bridge owner assumed since the temporary deviation was a success they made new signage reflecting the temporary deviation and have been operating the bridge under this temporary deviation for the past 15 years. After a recent construction operation the bridge operator began operating the bridge under the original 2005 regulation and USCG Sector Long Island Sound received several complaints from mariners who were upset the bridge was no longer operating under the old temporary test deviation. Based on the data that was provided by the bridge owner, the number of requested bridge openings has decreased over the years, while the vehicular traffic has increased. The schedule restricts bridge openings during vehicular rush hours allowing openings twice per hour. This schedule allows less congestion build up for vehicular traffic while providing mariners with a reliable, consistent time they can request a bridge opening. The Coast Guard is publishing this temporary deviation to test the proposed change to the bridge’s operating schedule and determine whether a permanent change to the schedule is necessary to better balance the needs of marine and rail traffic. VerDate Sep<11>2014 16:33 Mar 16, 2020 Jkt 250001 Under this deviation, commercial vessels engaged in commerce, the draw shall open Monday thru Friday from 6:20 a.m. to 9:50 a.m. and 3:20 p.m. to 7:20 p.m. on signal at 20 and 50 minutes after the hour, and on signal at all other times. For all other vessels, the draw shall open on Monday thru Friday from 6:20 a.m. to 7:20 p.m. on signal at 20 and 50 minutes after the hour, and the draw shall open on Saturday, Sunday and Federal holidays from 7:20 a.m. to 8:20 p.m. on signal at 20 and 50 minutes after the hour, and on signal at all other times. The reason for these changes is to minimize excessive bridge openings which were a direct cause of accelerated deterioration of the bridge. Vessels able to pass through the bridge in the closed position may do so at any time. There are no alternate routes. The bridge will be able to open for emergencies. The Coast Guard will also inform the users of the waterways through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge so that vessel operators can arrange their transits to minimize any impact caused by the temporary deviation. II. 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 notification 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. PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 15067 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. Dated: March 10, 2020. C.J. Bisignano, Supervisory Bridge Management Specialist, First Coast Guard District. [FR Doc. 2020–05140 Filed 3–16–20; 8:45 am] BILLING CODE 9110–04–P 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 Coast Guard, DHS. Final rule. AGENCY: ACTION: The Coast Guard is modifying 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: This rule is effective April 16, 2020. SUMMARY: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov. Type USCG– 2019–0809 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Mr. Jim Rousseau, First Coast Guard District, Project Officer, telephone (617) 223–8619, email James.L.Rousseau2@uscg.mil. SUPPLEMENTARY INFORMATION: ADDRESSES: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register OMB Office of Management and Budget E:\FR\FM\17MRR1.SGM 17MRR1 15068 Federal Register / Vol. 85, No. 52 / Tuesday, March 17, 2020 / Rules and Regulations NPRM Notice of Proposed Rulemaking (Advance, Supplemental) § Section U.S.C. United States Code MassDOT Massachusetts Department of Transportation II. Background Information and Regulatory History On November 29, 2019, the Coast Guard published a notice of proposed rulemaking entitled Drawbridge Operation Regulation; Chelsea River, Chelsea, MA, in the Federal Register (84 FR 65728). We received six supportive comments in response to the NPRM. khammond on DSKJM1Z7X2PROD with RULES III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under the authority of 33 U.S.C. 499. 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. 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 are 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 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 regulations require the bridge to open immediately on signal. MassDOT reached out to the maritime stakeholders with the change and received no objections. IV. Discussion of Comments, Changes and the Final Rule The Coast Guard provided 60 days for comment regarding this rule and received seven comments all in support of the change. There are no changes in the regulatory text of this rule from the proposed rule in the NPRM. The Coast Guard will change the Chelsea River Bridge regulation so it can open to 139 feet, except when a requested to open to 175 feet. Due to the unique nature of the drawbridge operation for this bridge, VerDate Sep<11>2014 16:33 Mar 16, 2020 Jkt 250001 MassDOT needs 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. MassDOT will change lighting 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. The rule will continue to meet the reasonable needs of navigation while also improving drawbridge efficiency of operation Coast Guard will change the Chelsea River Bridge regulation so it can open to 139 feet, except when a requested to open to 175 feet. V. Regulatory Analyses The Coast Guard has developed this rule after considering numerous statutes and Executive Orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive Orders, and we discuss First Amendment rights of protesters. 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 rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, it has not been reviewed by the Office of Management and Budget (OMB) and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the fact that this bridge will open for all vessel traffic when requested and provide vertical clearance for all vessels when opened and thus should not impact maritime traffic. We believe that this proposed change to the drawbridge operation regulations at 33 CFR 117.593(b) 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 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 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 received no comment 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. The bridge provides 139 feet and 175 feet of vertical clearance when opened on demand that should accommodate all the present vessel traffic with 9.33 feet vertical clearance in the closed position at MHW. While some owners or operators of vessels intending to transit the bridge may be small entities, for the reasons stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator. 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 section. 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. C. 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). 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 E:\FR\FM\17MRR1.SGM 17MRR1 Federal Register / Vol. 85, No. 52 / Tuesday, March 17, 2020 / Rules and Regulations various levels of government. We have analyzed this 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 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. If you believe this rule has implications for federalism or Indian tribes, please call or email the person listed in the FOR FURTHER INFORMATION CONTACT section. khammond on DSKJM1Z7X2PROD with RULES 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 rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01, Rev.1, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 (series) which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321– 4370f). The Coast Guard has determined 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 rule promulgates the operating regulations or procedures for drawbridges and 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. Neither a Record of Environmental Consideration nor a Memorandum for the Record are required for this rule. 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 VerDate Sep<11>2014 16:33 Mar 16, 2020 Jkt 250001 coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. 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 § 117.593 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: Feburary 12, 2020. A.J. Tiongson, Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District. [FR Doc. 2020–04965 Filed 3–16–20; 8:45 am] BILLING CODE P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2020–0011] RIN 1625–AA87 Security Zone; Limetree Bay Terminals, St. Croix, U.S. Virgin Islands AGENCY: PO 00000 Coast Guard, DHS. Frm 00019 Fmt 4700 Sfmt 4700 ACTION: 15069 Final rule. The Coast Guard is modifying the name and locating of an existing security zone in St. Croix, U.S. Virgin Islands. This rule adjusts the coordinates of the security zone and updates the facility name from HOVENSA Refinery to Limetree Bay Terminals. The rule continues to prohibit persons and vessels from entering the security zone, unless authorized by the Captain of the Port San Juan or a designated representative. This action is necessary to better meet the safety and security needs of Limetree Bay Terminals in St. Croix, USVI. DATES: This rule is effective April 16, 2020. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2020– 0011 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Lieutenant Commander Pedro Mendoza, Sector San Juan Prevention Department, Waterways Management Division, U.S. Coast Guard; telephone 787–729–2374, email Pedro.L.Mendoza@uscg.mil. SUPPLEMENTARY INFORMATION: SUMMARY: I. Table of Abbreviations COTP Captain of the Port CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code USVI U.S. Virgin Islands II. Background Information and Regulatory History On November 21, 2019, the Coast Guard received a request to extend the regulated area of the security zone and update the facility name to Limetree Bay Terminals. The existing regulation in 33 CFR 165.770, contains a fixed security zone around the HOVENSA Refinery on the south coast of St. Croix, USVI. Limetree Bay Terminals recently installed a Single Point Mooring system to enable deep draft vessel traffic to transfer to and from the facility. The location of the Single Point Mooring systems falls outside of the existing security zone. In response, on January 27, 2020, the Coast Guard published a notice of proposed rulemaking (NPRM) titled ‘‘Security Zone; Limetree Bay Terminals, St. Croix, U.S. Virgin E:\FR\FM\17MRR1.SGM 17MRR1

Agencies

[Federal Register Volume 85, Number 52 (Tuesday, March 17, 2020)]
[Rules and Regulations]
[Pages 15067-15069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04965]


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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: Final rule.

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

SUMMARY: The Coast Guard is modifying 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: This rule is effective April 16, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov. Type USCG-
2019-0809 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Jim Rousseau, First Coast Guard District, Project 
Officer, telephone (617) 223-8619, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget

[[Page 15068]]

NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code
MassDOT Massachusetts Department of Transportation

II. Background Information and Regulatory History

    On November 29, 2019, the Coast Guard published a notice of 
proposed rulemaking entitled Drawbridge Operation Regulation; Chelsea 
River, Chelsea, MA, in the Federal Register (84 FR 65728). We received 
six supportive comments in response to the NPRM.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority of 33 
U.S.C. 499. 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. 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 are 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 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 regulations 
require the bridge to open immediately on signal.
    MassDOT reached out to the maritime stakeholders with the change 
and received no objections.

IV. Discussion of Comments, Changes and the Final Rule

    The Coast Guard provided 60 days for comment regarding this rule 
and received seven comments all in support of the change.
    There are no changes in the regulatory text of this rule from the 
proposed rule in the NPRM.
    The Coast Guard will change the Chelsea River Bridge regulation so 
it can open to 139 feet, except when a requested to open to 175 feet.
    Due to the unique nature of the drawbridge operation for this 
bridge, MassDOT needs 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. MassDOT will change lighting 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.
    The rule will continue to meet the reasonable needs of navigation 
while also improving drawbridge efficiency of operation Coast Guard 
will change the Chelsea River Bridge regulation so it can open to 139 
feet, except when a requested to open to 175 feet.

V. Regulatory Analyses

    The Coast Guard has developed this rule after considering numerous 
statutes and Executive Orders related to rulemaking. Below we summarize 
our analyses based on a number of these statutes and Executive Orders, 
and we discuss First Amendment rights of protesters.

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 rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, it has not been reviewed by the Office of 
Management and Budget (OMB) and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the fact that this 
bridge will open for all vessel traffic when requested and provide 
vertical clearance for all vessels when opened and thus should not 
impact maritime traffic. We believe that this proposed change to the 
drawbridge operation regulations at 33 CFR 117.593(b) 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 received no comment 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.
    The bridge provides 139 feet and 175 feet of vertical clearance 
when opened on demand that should accommodate all the present vessel 
traffic with 9.33 feet vertical clearance in the closed position at 
MHW. While some owners or operators of vessels intending to transit the 
bridge may be small entities, for the reasons stated in section V.A 
above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 
section.
    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.

C. 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).

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

[[Page 15069]]

various levels of government. We have analyzed this 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 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please call or email the person listed in the FOR FURTHER INFORMATION 
CONTACT section.

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01, Rev.1, associated implementing 
instructions, and Environmental Planning COMDTINST 5090.1 (series) 
which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f). The 
Coast Guard has determined 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 rule promulgates the operating 
regulations or procedures for drawbridges and 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.
    Neither a Record of Environmental Consideration nor a Memorandum 
for the Record are required for this rule.

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.

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.  117.593 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: Feburary 12, 2020.
A.J. Tiongson,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2020-04965 Filed 3-16-20; 8:45 am]
 BILLING CODE P