[Federal Register Volume 72, Number 187 (Thursday, September 27, 2007)]
[Rules and Regulations]
[Pages 54835-54837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19109]


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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: Temporary rule.

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SUMMARY: The Coast Guard has temporarily changed the drawbridge 
operating regulations governing the operation of the Ferry Street 
Bridge, across the Quinnipiac River, mile 0.7, at New Haven, 
Connecticut. This temporary final rule 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 rule is 
necessary to facilitate scheduled bridge maintenance.

DATES: This temporary rule is effective from September 28, 2007 through 
April 30, 2008.

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 (CGD01-07-091) 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 August 21, 2007, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulations''; Quinnipiac River, 
Connecticut, in the Federal Register (72 FR 46586). 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 September 28, 2007, are 
necessary repairs that must be performed with all due speed to assure 
the continued safe and reliable 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 Quinnipiac River.
    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 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.
    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 temporary final rule, in effect from September 28, 2007 
through April 30, 2008, the Ferry Street Bridge across the Quinnipiac 
River, mile 0.7, at New Haven, Connecticut, will 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.

Discussion of Comments and Changes

    The Coast Guard received no comments in response to the notice of 
proposed rulemaking and as a result, no changes have been made to this 
temporary final rule.

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 will continue 
to open for vessel traffic with a single moveable span which is 
sufficient for the present needs of navigation.

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

[[Page 54836]]

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 needs of navigation.

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). 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 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

[[Page 54837]]

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 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.

    Dated: September 21, 2007.
Timothy V. Skuby,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. E7-19109 Filed 9-26-07; 8:45 am]
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