[Federal Register: September 5, 2007 (Volume 72, Number 171)]
[Rules and Regulations]
[Page 50875-50876]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05se07-3]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[USCG-2001-10881]
RIN 1625-AA36
Drawbridge Operation Regulations; Amendments
AGENCY: Coast Guard, DHS.
ACTION: Final rule; correction.
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SUMMARY: The Coast Guard is correcting an oversight to the operating
schedule of the Beach Channel railroad bridge across Jamaica Bay, mile
6.7, at Queens, New York, published on December 4, 2006 in the Federal
Register. We are also correcting a paragraph designation in the
operating schedule for the Woodrow Wilson Bridge across the Potomac
River between Oxon Hill, Maryland and Alexandria, Virginia.
DATES: This Final rule is effective September 5, 2007.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2001-10881 and are available for inspection or
copying at the Docket Management Facility, U.S. Department of
Transportation, room PL-401, 400 Seventh Street, SW., Washington, DC,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. You may also find this docket on the Internet at http://dms.dot.gov
.
FOR FURTHER INFORMATION CONTACT: Mr. Chris Jaufmann, Office of Bridge
Administration, United States Coast Guard Headquarters, 202-372-1511.
If you have questions on viewing or submitting material to the docket,
call Renee V. Wright, Program Manager, Docket Operations, Department of
Transportation, telephone 202-493-0402.
SUPPLEMENTARY INFORMATION:
Regulatory History
On December 4, 2006, the Coast Guard published a final rule that
made technical, organizational, and conforming amendments throughout 33
CFR part 117 (71 FR 70305). This rule became effective on January 4,
2007. However, the January 4, 2007 effective date inadvertently changed
the operating schedule of the Beach Channel railroad bridge across
Jamaica Bay, mile 6.7, at Queens, New York (33 CFR 117.795) which was
published on October 20, 2006 and became effective on November 20, 2006
(71 FR 61895). Also, the amendatory language for 33 CFR 117.255 Potomac
River, in the December 4, 2006 final rule, incorrectly designated
paragraph (c) as paragraph (d).
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
rule. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause
exists for not publishing an NPRM for the present rule. An NPRM
entitled ``Drawbridge Operation Regulations; Jamaica Bay and Connecting
Waterways, New York'', was published in the Federal Register, on May
24, 2006, for the original change to the operating schedule (71 FR
29869). We are not making any changes to that final rule and are in
fact correcting our error in reversing the changes made when that rule
was finalized. Further notice and comment would be contrary to public
interest and unnecessary.
For the same reason, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective in less
than 30 days after publication in the Federal Register.
Background and Purpose
Originally, the owner of the Beach Channel railroad bridge, New
York City Transit, requested a change to the drawbridge operation
regulations to help reduce commuter rail traffic delays during the
morning and afternoon commuter hours. An NPRM was published on May 24,
2006 and a final rule on October 20, 2006 reflecting these changes (71
FR 29869, 71 FR 61895). On December 4, 2006 another final rule was
published that mistakenly removed the operating schedule for the Beach
Channel railroad bridge from the Code of Federal Regulations (71 FR
70305). This current final rule reestablishes the regulation published
on October 20, 2006, which allows the Beach Channel Bridge to remain in
the closed position during the morning and afternoon commuter rush
hours from 6:45 a.m. to 8:20 a.m. and 5 p.m. to 6:45 p.m., Monday
through Friday, except Federal holidays.
This rule will also make a minor technical edit by changing the
paragraph (d) designation to paragraph (c) for 33 CFR 117.255 Potomac
River, which was written incorrectly in the amendatory language for the
final rule that published on December 4, 2006.
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.
We expect no economic impact of this rule so a full Regulatory
Evaluation is unnecessary. This conclusion is based on the fact that
vessel traffic would not be precluded from transiting through the Beach
Channel railroad bridge each day, except for two closures of short
duration, one in the morning, and one in the afternoon. Mariners would
simply need to plan their daily transits in accordance with drawbridge
operation schedule in order to help balance the needs of both rail and
marine traffic.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
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 of less than 50,000.
This rule could affect the following entities, some of which may be
small entities, commercial barges and recreational vessels intending to
transit the Beach Channel span. 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 for the reasons set
forth in the Regulatory Evaluation section.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
[[Page 50876]]
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process. 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.
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 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 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 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 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 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 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.
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 rule under Commandant Instruction M16475.lD,
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 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. Under figure 2-1, paragraph (32)(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.
0
Accordingly, 33 CFR part 117 is corrected by making the following
correcting amendments:
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.
Sec. 117.255 [Amended]
0
2. In Sec. 117.255 redesignate paragraph (d) as paragraph (c).
0
3. In Sec. 117.795 add paragraph (c) to read as follows:
Sec. 117.795 Jamaica Bay and Connecting Waterways.
* * * * *
(c) The draw of the Beach Channel railroad bridge shall open on
signal; except that, the draw need not open for the passage of vessel
traffic, 6:45 a.m. to 8:20 a.m. and 5 p.m. to 6:45 p.m., Monday through
Friday, except Federal holidays.
Dated: August 29, 2007.
J.G. Lantz,
Acting, Assistant Commandant for Prevention.
[FR Doc. E7-17509 Filed 9-4-07; 8:45 am]
BILLING CODE 4910-15-P