[Federal Register: April 1, 2008 (Volume 73, Number 63)]
[Rules and Regulations]
[Page 17250-17252]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01ap08-6]
[[Page 17250]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2008-0108]
RIN 1625-AA09
Drawbridge Operation Regulations; Quinnipiac River, New Haven, 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 Ferry Street Bridge, mile 0.7,
across the Quinnipiac River at New Haven, Connecticut. The Coast Guard
published a temporary final rule on September 27, 2007, which allowed
single leaf bridge openings through April 30, 2008, to facilitate
bridge repairs. The Coast Guard was notified by the bridge owner that
an eight day complete bridge closure would be necessary in order to
complete the bridge repairs. As a result, a second temporary final rule
is now necessary to allow the Ferry Street Bridge to remain completely
closed for eight days in order to facilitate rehabilitation
construction at the bridge.
DATES: This rule is effective from April 21, 2008 through April 28,
2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0108 and are available online
at www.regulations.gov. They are also available for inspection or
copying at two locations: the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays, and the First
Coast Guard District, Bridge Branch, One South Street, New York, NY
10004, between 9 a.m. and 5 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
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation.
Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause
exists for not publishing an NPRM. It would be impracticable,
unnecessary, and contrary to public interest to publish an NPRM because
the eight day bridge closure authorized by this rule is necessary in
order to complete the bridge repairs necessary to insure the safe
continued and reliable operation of this bridge.
Under 5 U.S.C. 553(d)(3) the Coast Guard also finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Any delay in making this rule
effective would not be in the best interest of public safety and the
marine interests that use the Quinnipiac River because failure to
complete the necessary rehabilitation repairs would result in the
bridge not being able to open for vessel traffic.
The Coast Guard contacted the waterway users and facilities that
normally transit this bridge and no objections were received to the
scheduled eight day bridge closure.
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, and that work would continue through April 30,
2008.
As a result, the Coast Guard published a temporary final rule on
September 27, 2007 (72 FR 54835), authorizing single leaf bridge
openings from September 28, 2007 through April 30, 2008.
On February 13, 2008, the Coast Guard received notification from
the bridge owner that an eight day bridge closure, from April 21, 2008
through April 28, 2008, would be necessary to complete the final phase
of bridge repairs.
As a result of the above request, the Coast Guard is now publishing
this second temporary final rule to allow the Ferry Street Bridge to
remain in the fully closed position (both moveable spans) to complete
the bridge rehabilitation repairs on April 28, 2008.
This temporary final rule will replace the temporary final rule
published on September 27, 2007 and allow the Ferry Street Bridge to
return to full operation on April 29, 2008.
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.
This conclusion is based on the fact that the bridge closure will
be of short duration and is necessary in order to restore the bridge to
full operation.
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 closure is of
short duration and is necessary to restore the bridge to full
operation.
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
[[Page 17251]]
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 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 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 (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
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.
0
2. From April 21, 2008 through April 28, 2008, Sec. 117.213 is amended
by suspending paragraph (a) and adding a temporary paragraph (g) to
read as follows:
Sec. 117.213 New Haven Harbor, Quinnipiac and Mill Rivers.
* * * * *
(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, Quinnipiac
River, at New Haven, may remain in the closed position from April 21,
2008 through April 28, 2008.
(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 tender at the Ferry Street Bridge. In the event that the
tender 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 tender at Ferry Street Bridge. In the event the tender is at the
Grand Avenue Bridge, a delay of up to an additional hour may be
expected.
[[Page 17252]]
Dated: March 19, 2008.
Timothy V. Skuby,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. E8-6631 Filed 3-31-08; 8:45 am]
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