[Federal Register Volume 72, Number 161 (Tuesday, August 21, 2007)]
[Proposed Rules]
[Pages 46586-46588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16399]


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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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