[Federal Register Volume 75, Number 176 (Monday, September 13, 2010)]
[Rules and Regulations]
[Pages 55475-55477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22749]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2010-0787]
RIN 1625-AA09
Drawbridge Operation Regulation; Pequonnock River, Bridgeport, CT
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is removing the drawbridge operation
regulations that govern the operation of two bridges, the Congress
Street Bridge at mile 0.4, and the Grand Street Bridge at mile 0.9,
across the Pequonnock River at Bridgeport, Connecticut. This final rule
removes the regulations for the two bridges because the draw spans of
the bridges have been removed.
DATES: This rule is effective September 13, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket USCG-2010-0787 and are available by
going to http://www.regulations.gov, inserting USCG-2010-0787 in the
``keyword'' box, and then clicking ``search.'' This material is also
available for inspection or copying at 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Ms. Judy Leung-Yee, Project Officer, First Coast Guard
District Bridge Branch, 212-668-7165, [email protected]. If you
have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedures Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because we are removing the operation
regulations for two moveable draw bridges that no longer have moveable
spans.
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. The drawbridges listed under the
regulations we are removing no longer have moveable spans; therefore,
the drawbridge operation regulations are no longer necessary.
Background and Purpose
The drawbridge operation regulations for the Congress Street Bridge
at mile 0.4, and the Grand Street Bridge at mile 0.9, across the
Pequonnock River at Bridgeport, Connecticut, are listed at 33 CFR
117.219(d) and 33 CFR 117.219(f).
The moveable span at the Congress Street Bridge was removed due to
[[Page 55476]]
deterioration but the approach spans have been retained for a future
bridge replacement. The Grand Street Bridge was demolished in its
entirety in 2000.
The Coast Guard, as a result, is removing the drawbridge operation
regulations for the above bridges because they are no longer applicable
or necessary since the moveable spans have been removed.
Discussion of Rule
This final rule removes the drawbridge operation regulations listed
at 33 CFR 117.219(d) that govern the operation of the Congress Street
Bridge at mile 0.4, and 33 CFR 117.219(f) that govern the operation of
the Grand Street Bridge at mile 0.9, both across the Pequonnock River
at Bridgeport, Connecticut. The moveable spans for both bridges were
removed and the drawbridge operation regulations are no longer
necessary as a result.
Paragraph (a) stating that public vessels of the United States must
be passed as soon as possible, will also be removed by this final rule
because it is now listed at 33 CFR 117.31, under Subpart A, General
Requirements.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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 upon the fact
that we are removing regulations that are no longer applicable or
necessary.
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.
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 upon the fact that we are removing
regulations that are no longer applicable or necessary.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so they can better evaluate its
effect on them and participate in the rulemaking process.
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 (adjusted for
inflation) 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 cause a taking of private property or otherwise
have a taking implication under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property.
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 Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 this action is one
[[Page 55477]]
of a category of actions which do not individually or cumulatively have
a significant effect on the human environment. This rule is
categorically excluded, under figure 2-1, paragraph (32)(e), of the
Instruction.
Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
0
For the reasons discussed 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; Department of Homeland
Security Delegation No. 0170.1.
0
2. Revise Sec. 117.219 to read as follows:
Sec. 117.219 Pequonnock River.
(a) The draw of the Stratford Avenue Bridge at mile 0.1, at
Bridgeport, shall open on signal; except that, from 6:45 a.m. to 7:15
a.m., 7:45 a.m. to 8:15 a.m., 11:45 a.m. to 1:15 p.m., and 4:30 p.m. to
6:10 p.m., the draw need not open for the passage of vessel traffic.
From December 1 through March 31, 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.
(b) The draw of the Metro-North Peck Bridge at mile 0.3, at
Bridgeport, shall open on signal or after three blasts as follows:
(1) From 5:45 a.m. to 9 p.m. except:
(i) From Monday through Friday, excluding holidays or emergencies,
the draw need not be opened from 6:45 a.m. to 7:15 a.m., 7:45 a.m. to
8:15 a.m., and 4:30 p.m. to 6:10 p.m.
(ii) From Monday through Friday, excluding holidays or emergencies,
the draw need not be opened more than once during the periods from 5:45
a.m. to 6:45 a.m., 7:15 a.m. to 7:45 a.m., 8:15 a.m. to 9 a.m., and
6:10 p.m. to 8:15 p.m.
(2) From 9 p.m. to 5:45 a.m., the draw shall open on signal if at
least an eight-hour notice is given by calling the number posted at the
bridge.
(3) The draw need not open on signal if a train is approaching so
closely that it may not be safely stopped; however, any delay in
opening the draw shall not exceed seven minutes from the time the
request to open is received.
(c) The draw of the East Washington Street Bridge at mile 0.6,
shall open on signal or after one prolonged blast followed by two short
blasts, if at least a twenty four hour notice is given by calling the
number posted at the bridge.
Dated: August 27, 2010.
Daniel A. Neptun,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2010-22749 Filed 9-10-10; 8:45 am]
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