[Federal Register Volume 71, Number 6 (Tuesday, January 10, 2006)]
[Rules and Regulations]
[Pages 1494-1496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-204]


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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

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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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