[Federal Register: January 10, 2006 (Volume 71, Number 6)]
[Rules and Regulations]
[Page 1494-1496]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10ja06-6]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD01-05-102]
RIN 1625-AA09
Drawbridge Operation Regulations: Housatonic River, CT
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard has temporarily changed the drawbridge
operation regulations that govern the U.S. 1 Bridge, mile 3.5, across
the Housatonic River, at Stratford, Connecticut. This temporary final
rule allows the bridge owner to open only one of the two moveable spans
for bridge openings at various times from January 9, 2006 through
September 1, 2006, to facilitate bridge rehabilitation construction.
Full bridge openings will be available at various times during the
above time period after a seven-day notice is given by calling the
number posted at the bridge.
DATES: This rule is effective from January 9, 2006 through September 1,
2006.
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 (CGD01-05-102) 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) 668-7195.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On December 8, 2005, we published a notice of proposed rulemaking
(NPRM) entitled ``Drawbridge Operation Regulations''; Housatonic River,
Connecticut, in the Federal Register (70 FR 72967). 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(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register.
The bridge repairs scheduled to begin on January 9, 2006, are vital
necessary repairs that must be performed with all due speed to assure
the safe operation of the bridge. Any delay in making this rule
effective would not be in the best interest of public safety and the
marine interests that use the Housatonic River because failure to start
the rehabilitation
[[Page 1495]]
repairs on time could result in an unscheduled bridge operation
failure.
There is only one commercial facility operator that normally
requires the bridge to open. That facility will not be in service
during the time period this rule will be in effect. The recreational
vessels that normally use this waterway are small enough in size that
they can either pass under the spans without a bridge opening or safely
pass through the bridge with a single span opening.
Background and Purpose
The U.S. 1 Bridge, at mile 3.5, across the Housatonic River has a
vertical clearance of 32 feet at mean high water and 37 feet at mean
low water in the closed position. The existing operating regulations
are listed at 33 CFR 117.207(a).
The owner of the bridge, Connecticut Department of Transportation,
requested a temporary change to the drawbridge operation regulations
for the U.S. 1 Bridge to allow single span openings while major bridge
repairs were being made.
This temporary change allows the U.S. 1 bridge to open only one of
the two moveable spans for bridge openings.
The Coast Guard believes this rule is reasonable because the single
span bridge openings should not preclude any vessel traffic from
passing through the bridge.
Only one commercial facility operator is located upstream from the
U.S. 1 Bridge. That facility will not be operating during the time
period this temporary rule will be in effect.
The recreational vessels that normally transit through the U.S. 1
Bridge are small enough in size that they can either pass under the
spans without a bridge opening or transit safely with a single span
opening.
Discussion of Comments and Changes
The Coast Guard received no comments in response to the notice of
proposed rulemaking. The effective date was changed from January 2,
2006 to January 9, 2006, due to administrative delays.
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 continue
to open for vessel traffic with a single moveable span which is
sufficient for the present and anticipated needs of navigation during
the effective period.
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 continue
to open for vessel traffic with a single moveable span which is
sufficient for the present and anticipated needs of navigation during
the effective period.
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 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
[[Page 1496]]
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 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 considering that it relates to the
promulgation of operating regulations or procedures for drawbridges.
Under figure 2-1, paragraph (34)(e), of the instruction, an
``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule.
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; 33 CFR 1.05-1(g); Department of
Homeland Security Delegation No. 0170.1; section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. From January 9, 2006 through September 1, 2006, Sec. 117.207 is
amended by suspending paragraph (a) and adding a temporary paragraph
(c), to read as follows:
Sec. 117.207 Housatonic River.
* * * * *
(c) The draw of the U.S. 1 Bridge, mile 3.5, at Stratford, shall
operate as follows:
(1) The draw shall open on signal, except that, from 7 a.m. to 9
a.m., Monday through Friday, and 4 p.m. through 5:45 p.m., daily, the
draw need not open for the passage of vessel traffic.
(2) From January 9, 2006 through March 31, 2006, from 8 p.m. to 4
a.m., the draw shall open on signal if at least a six-hour notice is
given by calling the number posted at the bridge.
(3) From January 9, 2006 through February 9, 2006, May 30, 2006
through June 30, 2006, and July 5, 2006 through September 1, 2006, only
one of the two moveable spans need open for the passage of vessel
traffic. Two span bridge openings shall be provided if at least a
seven-day notice is given by calling the number posted at the bridge,
except as provided in (c)(1) and (c)(2) of this section.
(4) From February 10, 2006 through April 1, 2006, and April 17,
2006 through May 26, 2006, only one of the two moveable spans need open
for the passage of vessel traffic, except as provided in (c)(1) and
(c)(2) of this section. No two span openings need be provided.
(5) From April 2, 2006 through April 16, 2006, May 27, 2006 through
May 29, 2006, and July 1, 2006 through July 4, 2006, both moveable
spans shall open for the passage of vessel traffic, except as provided
in (c)(1) and (c)(2) of this section.
* * * * *
Dated: December 29, 2005.
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 06-204 Filed 1-9-06; 8:45 am]
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