[Federal Register: August 21, 2007 (Volume 72, Number 161)]
[Proposed Rules]
[Page 46586-46588]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21au07-27]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD01-07-091]
RIN 1625-AA09
Drawbridge Operation Regulations; Quinnipiac River, New Haven, CT
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to temporarily change the drawbridge
operating regulations governing the operation of the Ferry Street
Bridge, across the Quinnipiac River, mile 0.7, at New Haven,
Connecticut. This notice of proposed rulemaking allows the bridge owner
to keep one of the two moveable bascule spans in the closed position at
all times from September 28, 2007 through April 30, 2008. This
temporary rule is necessary to facilitate scheduled bridge maintenance.
DATES: Comments and related material must reach the Coast Guard on or
before September 20, 2007.
ADDRESSES: You may mail comments and related material to Commander
(dpb), First Coast Guard District Bridge Branch, One South Street,
Battery Park Building, New York, New York, 10004, or deliver them to
the same address between 7 a.m. and 3 p.m., Monday through Friday,
except Federal holidays. The telephone number is (212) 668-7165. The
First Coast Guard District, Bridge Branch, maintains the public docket
for this rulemaking. Comments and material received from the public, as
well as documents indicated in this preamble as being available in the
docket, will become part of this docket and will be available for
inspection or copying at the First Coast Guard District, Bridge Branch,
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:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD01-07-
091), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know if
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting; however, you may
submit a request for a meeting by writing to the First Coast Guard
District, Bridge Branch, at the address under ADDRESSES explaining why
one would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
Background and Purpose
The Ferry Street Bridge, across the Quinnipiac River, mile 0.7, at
New Haven, Connecticut, has a vertical clearance in the closed position
of 25 feet at mean high water and 31 feet at mean low water. The
existing regulations are listed at 33 CFR 117.213.
In early 2007, the Connecticut Department of Transportation
requested a temporary deviation to facilitate scheduled structural
repairs and bridge painting at the Ferry Street Bridge at New Haven,
Connecticut. In order to perform the structural repairs, one bascule
bridge span had to remain in the closed position while the other span
could remain in the full open position at all times for the passage of
vessel traffic.
As a result of the above request, the Coast Guard published a
temporary deviation from the drawbridge operation regulations in the
Federal Register (72 FR 18884), on April 16, 2007, in effect from April
16, 2007 through September 27, 2007.
On June 22, 2007, the Coast Guard was notified that the scheduled
repairs authorized under the temporary deviation listed above would not
be completed by the end of the effective period, scheduled to end on
September 27, 2007.
[[Page 46587]]
As a result of the above information, Connecticut Department of
Transportation requested a temporary regulation to allow the repair
work to continue at the bridge through April 30, 2008, in order to
complete the remaining work.
Under this notice of proposed rulemaking, from September 28, 2007
through April 30, 2008, the Ferry Street Bridge across the Quinnipiac
River, mile 0.7, at New Haven, Connecticut, would keep one of the two
bascule bridge spans in the closed position at all times while keeping
the second bascule span in the fully open position for the passage of
vessel traffic at all times.
Note that due to the need to have a temporary final rule in place
when the current deviation expires on September 27, 2007, we plan on
issuing a temporary final rule with an effective date less than 30 days
from the date of publication in the Federal Register. We ask
specifically for comments on this planned course of action.
Discussion of Proposed Rule
This proposed change would amend 33 CFR 117.213 by suspending
paragraph (a) and adding a new temporary paragraph (g) that would list
the temporary bridge opening schedule for the Ferry Street Bridge, as
well as restating the existing operating schedules for the remaining
bridges listed in paragraph (a).
This temporary rule is necessary to facilitate the rehabilitation
construction at the bridge.
This proposed change would allow the Ferry Street Bridge to keep
one of the two bascule spans in the open position at all times while
keeping the second span in the closed position at all times from
September 28, 2007 through April 30, 2008.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
This conclusion is based on the fact that existing vessel traffic
will be able to transit through the single open span at the bridge at
all times.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 of less than
50,000.
The Coast Guard certifies under section 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
This conclusion is based on the fact that the existing vessel
traffic will be able to transit through an open bridge span at all
times.
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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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, Commander (dpb), First Coast
Guard District, Bridge Branch, One South Street, New York, NY 10004.
The telephone number is (212) 668-7165. 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.
Collection of Information
This proposed rule would call 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 proposed 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 a 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 proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not affect 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This 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.
Energy Effects
We have analyzed this proposed 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
[[Page 46588]]
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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.1D, and Department of Homeland Security Management Directive
5100.1, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination 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, we believe that this rule should
be categorically excluded, under figure 2-1, paragraph (32)(e) of the
Instruction, from further environmental documentation as this action
relates to the promulgation of operating regulations or procedures for
drawbridges. Under figure 2-1, paragraph (32)(e) of the Instruction, an
``Environmental Analysis Checklist'' is not required for this rule.
Comments on this section will be considered before we make the final
decision on whether to categorically exclude this rule from further
environmental review.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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(g); Department of
Homeland Security Delegation No. 0170.1.
2. From September 28, 2007 through April 30, 2008, Sec. 117.213 is
amended by suspending paragraph (a) and adding a temporary paragraph
(g) to read as follows:
Sec. 117.213 Connecticut River.
* * * * *
(g) The draws shall open on signal; except as follows:
(1) From 7:30 a.m. to 8:30 a.m., noon to 12:15 p.m., 12:45 p.m. to
1 p.m., and 4:45 p.m. to 5:45 p.m., the draws need not be opened.
(2) The draw of the Ferry Street Bridge, mile 0.7, at New Haven,
shall maintain one of the two moveable bascule bridge spans in the full
open position at all times for the passage of vessel traffic. The
second moveable bascule bridge span may remain in the closed position
at all times.
(3) From 11 p.m. to 7 a.m., the draw of the Grand Avenue bridge,
Quinnipiac River, shall open on signal if at least one hour notice is
given to the drawtender at the Ferry Street bridge. In the event that
the drawtender is at the Chapel Street bridge, a delay of up to an
additional hour may be expected.
(4) From 9 p.m. to 5 a.m., the draw of the Chapel Street bridge,
Mill River, shall open on signal if at least one hour notice is given
to the drawtender at Ferry Street bridge. In the event that the
drawtender is at the Grand Avenue bridge, a delay of up to an
additional hour may be expected.
Dated: August 10, 2007.
Timothy V. Skuby,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. E7-16399 Filed 8-20-07; 8:45 am]
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