[Federal Register: June 10, 2005 (Volume 70, Number 111)]
[Rules and Regulations]
[Page 33832-33834]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10jn05-11]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD01-05-028]
RIN 1625-AA09
Drawbridge Operation Regulations: Housatonic River, CT
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard has temporarily changed the drawbridge
operating regulations governing the operation of the US 1 Bridge, mile
3.5, across the Housatonic River at Stratford, Connecticut. Under this
temporary rule only one of the two-bascule leafs at the bridge shall
open for the passage of vessel traffic from June 18, 2005 through
December 30, 2005, except holidays. Two-leaf, full bridge openings,
shall be
[[Page 33833]]
provided upon a three-day advance notice. This temporary rulemaking is
necessary to facilitate rehabilitation repairs at the bridge.
DATES: This rule is effective June 18, 2005, through December 30, 2005.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket (CGD01-05-028) and are available for inspection or
copying at the First Coast Guard District, Bridge Branch Office, 408
Atlantic Avenue, Boston, Massachusetts, 02110, between 7 a.m. and 3
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Ms. Judy Leung-Yee, Project Officer,
First Coast Guard District, (212) 668-7165.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On April 19, 2005, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulations, Housatonic River,
Connecticut, in the Federal Register (70 FR 20322). We received no
comments in response to the notice of proposed rulemaking. No public
hearing was requested and none was held.
Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register.
The Coast Guard believes making this final rule effective less than
30 days after publication is reasonable because the bridge
rehabilitation construction is necessary vital work that needs to be
performed as soon as possible.
Any delay in making this final rule effective would not be in the
best interest of public or safety because performing this work during
the non-winter months June 18, 2005 through December 30, 2005, is the
best time period during which construction personnel may work in a more
safe and productive manner to help restore the bridge to a safe and
reliable operational status.
Background and Purpose
The US 1 Bridge has a vertical clearance in the closed position of
32 feet at mean high water and 37 feet at mean low water. The existing
drawbridge operation regulations are listed at 33 CFR Sec. 117.207(a).
The owner of the bridge, the Connecticut Department of
Transportation, requested a temporary change to the drawbridge
operation regulations to facilitate rehabilitation maintenance at the
bridge.
Under this temporary rule only one of the two-bascule leafs at the
US 1 Bridge would open for the passage of vessel traffic from June 18,
2005 through December 30, 2005.
The Monday through Friday closures to facilitate vehicular commuter
traffic in the existing operation regulations, 7 a.m. to 9 a.m. and 4
p.m. to 5:45 p.m., will continue to be in effect during this temporary
rule.
Two-leaf openings will be provided on the following holidays: the
Fourth of July, Friday, July 1 through Monday, July 4; Labor Day,
Friday, September 2 through Monday, September 5; Thanksgiving,
Thursday, November 24 through Sunday, November 27; and Christmas,
Saturday, December 24 through Monday, December 26, 2005.
In addition, full two leaf bridge opening will be provided at any
time, except during the closed periods for vehicular commuter traffic,
after at least a three-day advance notice is given by calling the
number posted at the bridge.
Discussion of Comments and Changes
The Coast Guard received no comments in response to the notice of
proposed rulemaking. As a result of the above, no changes were made to
this temporary final rule.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3), of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
This conclusion is based on the fact that the bridge will fully
open at any time after a three-day notice is given.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b), that this rule
will not have a significant economic impact on a substantial number of
small entities.
This conclusion is based on the fact that the bridge will fully
open at any time after a three-day notice is given.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process.
No small entities requested Coast Guard assistance and none was
given.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by State, local, or tribal government, in the
aggregate, or by the private sector of $100,000,000 or more in any one
year. Though this rule will not result in such an expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and
[[Page 33834]]
Interference with Constitutionally Protected Property Rights.
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.
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 does not concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This final rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have 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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this final rule under Commandant Instruction
M16475.1D, 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 there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (32)(e), of the Instruction, from further
environmental documentation. It has been determined that this final
rule does not significantly impact the environment.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
0
For the reasons set out 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; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
2. From June 18, 2005 through December 30, 2005, paragraph (a) in
Sec. 117.207 is suspended and a new paragraph (c) is added to read as
follows:
Sec. 117.207 Housatonic River.
* * * * *
(c) From June 18, 2005 through December 30, 2005, the U.S. 1
Bridge, mile 3.5, at Stratford, shall open on signal, except that, it
may open only one of the two-bascule leafs for the passage of vessel
traffic.
(1) From 7 a.m. to 9 a.m. and 4 p.m. to 5:45 p.m., Monday through
Friday, the bridge may remain closed for the passage of vessel traffic.
(2) Two-leaf, full bridge openings, shall be provided on holidays
as follows: the Fourth of July, Friday, July 1 through Monday, July 4;
Labor Day, Friday, September 2 through Monday, September 5;
Thanksgiving, Thursday, November 24 through Sunday, November 27; and
Christmas, Saturday, December 24 through Monday, December 26, 2005.
(3) Two-leaf, full bridge openings, shall be provided at any time,
except as provided in (c)(1), after at least a three-day advance notice
is given by calling the number posted at the bridge.
Dated: May 25, 2005.
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 05-11487 Filed 6-9-05; 8:45 am]
BILLING CODE 4910-15-P