[Federal Register Volume 73, Number 63 (Tuesday, April 1, 2008)]
[Rules and Regulations]
[Pages 17250-17252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6631]



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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

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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.


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    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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