[Federal Register Volume 75, Number 8 (Wednesday, January 13, 2010)]
[Proposed Rules]
[Pages 1738-1741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-435]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2009-1021]
RIN 1625-AA09


Drawbridge Operation Regulation; New Haven Harbor, Quinnipiac and 
Mill Rivers, CT

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the regulation governing 
the operation of three bridges across the Quinnipiac and Mill Rivers at 
New Haven, Connecticut, to relieve the bridge owner from the burden of 
crewing the bridges during time periods when the bridges seldom receive 
requests to open while still providing for the reasonable needs of 
navigation.

DATES: Comments and related material must be received by the Coast 
Guard on or before February 12, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-1021 using any one of the following methods:
     Federal Rulemaking Portal: http://www.regulations.gov.
     Fax: 202-493-2251.
     Mail: Docket Management Facility (M-30), U.S. Department 
of Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
     Hand delivery: Same as mail address above, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    To avoid duplication, please use only one of these methods. See the 
``Public Participation and Request for Comments'' portion of the 
SUPPLEMENTARY INFORMATION section below for instructions on submitting 
comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail Judy Leung-Yee, Project Officer, U.S. Coast Guard; 
telephone 212-668-7165, e-mail [email protected]. If you have 
questions on viewing or submitting material to the docket, call Renee 
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2009-1021), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (http://www.regulations.gov), or by fax, mail or hand delivery, 
but please use only one of these means. If you submit a comment online 
via http://www.regulations.gov, it will be

[[Page 1739]]

considered received by the Coast Guard when you successfully transmit 
the comment. If you fax, hand delivery, or mail your comment, it will 
be considered as having been received by the Coast Guard when it is 
received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an e-mail address, or a phone 
number in the body of your document so that we can contact you if we 
have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rules'' and insert ``USCG-2009-1021'' in the ``Keyword'' 
box. Click ``Search'' then click on the balloon shape in the 
``Actions'' column. If you submit your comments by mail or hand 
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 
inches, suitable for copying and electronic filing. If you submit them 
by mail and would like to know that they reached the Facility, please 
enclose a stamped, self-addressed postcard or envelope. We will 
consider all comments and material received during the comment period 
and may change the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2009-1021'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit either the Docket Management Facility in Room W12-
140 on the ground floor of the Department of Transportation West 
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. We 
have an agreement with the Department of Transportation to use the 
Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain 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 at mile 0.7, across the Quinnipiac River 
has a vertical clearance in the closed position of 25 feet at mean high 
water and 31 feet at mean low water.
    The Grand Avenue Bridge at mile 1.3, across the Quinnipiac River 
has a vertical clearance in the closed position of 9 feet at mean high 
water and 15 feet at mean low water.
    The Chapel Street Bridge at mile 0.4, across the Mill River has a 
vertical clearance of 7 feet at mean high water and 13 feet at mean low 
water. The existing drawbridge operation regulations are listed at 33 
CFR 117.213.
    The City of New Haven, the owner of the bridges, requested a change 
to the drawbridge operation regulations for the Ferry Street Bridge 
across Quinnipiac River at mile 0.7, the Grand Avenue Bridge across the 
Quinnipiac River at mile 1.3, and the Chapel Street Bridge at mile 0.4, 
across the Mill River, all at New Haven, Connecticut.
    During the past four years the Ferry Street Bridge has undergone a 
major rehabilitation. During the rehabilitation project the movable 
spans were removed or left in the open position at various times 
allowing navigation to pass at all times.
    Now that the Ferry Street Bridge is fully operational again, the 
bridge owner would like to change the drawbridge operation schedule for 
all its bridges, the Ferry Street Bridge, the Grand Avenue Bridge and 
the Chapel Street Bridge, to help reduce the burden of crewing these 
bridges during time periods when there have been few requests to open 
the bridges.
    The waterway users are seasonal recreational craft, commercial 
fishing, and construction vessels.
    The existing drawbridge operation regulation listed at 33 CFR 
117.213, authorizes a roving crew concept that requires the draw of the 
Ferry Street Bridge to open on signal from October 1 through April 30, 
between 9 p.m. and 5 a.m. unless the draw tender is at the Grand Ave or 
Chapel Street bridges, in which case, a delay of up to one hour in 
opening is permitted.
    The bridge owner would like to extend the above roving crew concept 
to be in effect year round.
    As a result, the Coast Guard implemented a temporary test deviation 
(74 FR 27249) on June 9, 2009, to test the proposed changes to the 
drawbridge operation schedule in order to help us determine whether a 
permanent change to the schedule would satisfactorily accomplish the 
bridge owners goal and also continue to meet the reasonable needs of 
navigation.
    The test period was in effect from May 1, 2009 through October 26, 
2009. Satisfactory results were received from the test insofar as there 
were no adverse impacts to navigation. In addition, we received no 
objection to the operation schedule during or after the test period 
ended. As a result of the successful test, we are proposing to 
permanently change the drawbridge regulations for the three bridges.
    The operation regulation schedule for the Tomlinson Bridge, which 
is owned by the Connecticut Department of Transportation, will not be 
changed by this action and will continue to operate as listed in the 
existing regulation.

Discussion of Proposed Rule

    Under this proposed rule the Ferry Street Bridge, the Grand Avenue 
Bridge, and the Chapel Street Bridge would operate as follows:
    The Ferry Street Bridge across Quinnipiac River at mile 0.7, would 
open on signal for all marine traffic; except that, from 7:30 a.m. to 
8:30 a.m. and 4:45 p.m. to 5:45 p.m., weekdays except Federal holidays, 
the draw need not be opened for the passage of vessel traffic. From 9 
p.m. to 5 a.m., the draw would open on signal if at least a one hour 
advance notice is given to the draw tender at the Chapel Street Bridge 
by calling (203) 946-7618.
    The Grand Avenue Bridge across Quinnipiac River at mile 1.3, would 
open on signal for all marine traffic; except that, from 7:30 a.m. to 
8:30 a.m. and 4:45 p.m. to 5:45 p.m., weekdays except Federal holidays, 
the draw need not be opened for the passage of vessel traffic. From 9 
p.m. to 5 a.m. the draw would open on signal if at least a one hour 
advance notice is given to the draw tender at the Chapel Street Bridge 
by calling (203) 946-7618.
    The Chapel Street Bridge across the Mill River at mile 0.4, would 
open on signal for all marine traffic; except that, from 7:30 a.m. to 
8:30 a.m. and 4:45 p.m. to 5:45 p.m., weekdays except Federal holidays, 
the draw need not be opened for the passage of vessel traffic. From 9 
p.m. to 5 a.m. the draw would open on signal if at least a one hour

[[Page 1740]]

advance notice is given to the draw tender by calling (203) 946-7618.
    Under the existing regulation all the above bridges are allowed to 
remain closed from noon to 12:15 and from 12:45 to 1 p.m. in addition 
to the morning and afternoon rush hour time periods. The noon time 
closure periods, noon to 12:15 and 12:25 to 1 p.m., will be removed 
from all the above bridges, except the Tomlinson Bridge.
    The Coast Guard is also removing obsolete language from the 
regulation as part of this action. Paragraphs (4)(b) through (4)(f) 
shall be removed because they are now listed under Subpart A--General 
Requirements, Sec.  117.31 and Sec.  117.15, and are redundant as a 
result.

Regulatory Analyses

    We developed this proposed 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 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. This conclusion is based 
upon the fact that we tested the above drawbridge operation schedule 
and found that it met the reasonable needs of navigation.

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 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 action will not have a significant 
economic impact on a substantial number of small entities for the 
following reasons. A test period was in effect from May 1, 2009 through 
October 26, 2009. Satisfactory results were received from the test 
insofar as there were no adverse impacts to navigation. In addition, we 
received no objection to the operation schedule during or after the 
test period ended and found that the operation schedule met the 
reasonable needs of navigation.
    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 (Pub. L. 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 
proposed 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 will 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 proposed 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 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

[[Page 1741]]

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 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 made a preliminary determination that this action is one of a 
category of actions which do not individually or cumulatively have a 
significant effect on the human environment because it simply 
promulgates the operating regulations or procedures for drawbridges. We 
seek any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    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; Department of Homeland 
Security Delegation No. 0170.1.

    2. Revise Sec.  117.213 to read as follows:


Sec.  117.213  New Haven Harbor, Quinnipiac and Mill Rivers.

    The draws of the Tomlinson Bridge, mile 0.0, the Ferry Street 
Bridge, mile 0.7, and the Grand Avenue Bridge, mile 1.3, across the 
Quinnipiac River, and the Chapel Street Bridge, mile 0.4, across the 
Mill River, shall operate as follows:
    (a) The draw of the Tomlinson Bridge at mile 0.0, across the 
Quinnipiac River shall open on signal; except that, 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., Monday through Friday, except Federal holidays, the draw 
need not open for the passage of vessel traffic.
    (b) The draw of the Ferry Street Bridge at mile 0.7, across 
Quinnipiac River, shall open on signal; except that, from 7:30 a.m. to 
8:30 a.m. and 4:45 p.m. to 5:45 p.m., Monday through Friday, except 
Federal holidays, the draws need not open for the passage of vessel 
traffic. From 9 p.m. to 5 a.m. the draw shall open on signal if at 
least a one-hour advance notice is given by calling the number posted 
at the bridge.
    (c) The draw of the Grand Avenue Bridge at mile 1.3, across the 
Quinnipiac River shall open on signal; except that, from 7:30 a.m. to 
8:30 a.m. and 4:45 p.m. to 5:45 p.m., Monday through Friday, except 
Federal holidays, the draw need not open for the passage of vessel 
traffic. From 9 p.m. to 5 a.m. the draw shall open on signal if at 
least a one-hour advance notice is given by calling the number posted 
at the bridge.
    (d) The draw of the Chapel Street Bridge at mile 0.4, across the 
Mill River shall open on signal; except that, from 7:30 a.m. to 8:30 
a.m. and 4:45 p.m. to 5:45 p.m., Monday through Friday, except Federal 
holidays, the draw need not open for the passage of vessel traffic. 
From 9 p.m. to 5 a.m. the draw shall open on signal after at least a 
one-hour advance notice is given by calling the number posted at the 
bridge.

    Dated: December 28, 2009.
Joseph L. Nimmich,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2010-435 Filed 1-12-10; 8:45 am]
BILLING CODE 9110-04-P