[Federal Register Volume 78, Number 178 (Friday, September 13, 2013)]
[Rules and Regulations]
[Pages 56607-56609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22268]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-0257]
RIN 1625-AA09


Drawbridge Operation Regulation; Hudson River, Troy and Green 
Island, NY

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard amends the drawbridge operation regulations 
that govern the operation of the highway bridge across the Hudson 
River, mile 152.7, between Troy and Green Island, New York. The owner 
of the bridge, New York State Department of Transportation, requested 
that a twenty four hour advance notice be given for bridge openings. In 
addition, we removed the regulations for the 112th Street Bridge, mile 
155.4, between Troy and Cohoes which has been converted to a fixed 
bridge. It is expected that this change to the regulations will provide 
relief to the bridge owner from crewing the bridge while continuing to 
meet the reasonable needs of navigation as well as remove obsolete 
regulations from the Code of Federal Regulations.

DATES: This rule is effective October 15, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0257. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type in the 
docket number in the ``Search.'' Box and click ``SEARCH.'' Click Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Joe Arca, Project Officer, First Coast Guard District 
Bridge Program, telephone 212-668-7165, email [email protected]. If 
you have questions on viewing the docket, call Barbara Hairston, 
Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

A. Regulatory History and Information

    On May 24, 2013, we published a notice of proposed rulemaking 
(NPRM) entitled, ``Drawbridge Operation Regulations; Hudson River, Troy 
and Green Island, NY,'' in the Federal Register (78 FR 31454). We 
received no comments on the proposed rule. No public meeting was 
requested, and none was held.

B. Basis and Purpose

    The highway bridge, mile 152.7, across the Hudson River, between 
Troy and Green Island, New York, has a vertical clearance in the closed 
position of 29 feet at mean high water and 34 feet at mean low water. 
The waterway users are seasonal recreational vessels, several tour 
boats and a U.S. Army Corps of Engineers vessel.
    The existing drawbridge operation regulations are listed at 33 CFR 
117.791(e), which require the bridge to operate as follows: From April 
1 through December 15, the draw shall open on signal from 9 a.m. to 4 
p.m.; except that, the draw need not open from 6 p.m. to 7 a.m., unless 
notice is given before 4:30 p.m. of the time the vessel is expected to 
pass, and need not open from 7 a.m., to 9 a.m., and 4 p.m. to 6 p.m. 
From December 16 through March 31, the draw need not open.
    The Coast Guard received a request from the owner of the bridge, 
New York State Department of Transportation, to change the drawbridge 
operation regulations. The owner of the bridge proposes to open the 
bridge as follows: From April 1 through December 15, the

[[Page 56608]]

draw shall open on signal after at least a twenty four hour notice is 
given and from December 16 through March 31, the draw need not open for 
the passage of vessel traffic.
    The bridge opens approximately 40 times a year on average between 
April and December and there are no openings in the winter months when 
the waterway is normally frozen.
    As a result of the above information the Coast Guard believes it is 
reasonable for the bridge owner to operate the bridge after a twenty 
four hour advance notice from April 1 through December 15.
    In addition, the Coast Guard removed the drawbridge operation 
regulations for the 112th Street Bridge between Troy and Cohoes, 33 CFR 
117.791(f), which was converted to a fixed bridge in 1997.

C. Discussion of Comments, Changes and the Final Rule

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

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes or executive orders.

1. Regulatory Planning and Review

    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 
this final rule is not a significant regulatory action because the 
bridge will continue to open for the passage of all vessel traffic, 
April 1 through December 15, after a twenty four hour notice is given.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The Coast Guard 
received no comments from the Small Business Administration on this 
rule. 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 action will not have a significant economic impact on a 
substantial number of small because the bridge will continue to open 
for all vessel traffic after at least a 24 hour advance notice is 
given.

3. 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 rule, 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 the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. 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).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibility among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 (adjusted for 
inflation) 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. 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.

10. 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 would not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
order 13211, Actions Concerns Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. 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 56609]]

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.

14. Environment

    We have analyzed this 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 concluded 
that this action is one of a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment. This final rule simply promulgates the operating 
regulations or procedures for drawbridges. This rule is categorically 
excluded, under figure 2-1, paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.
    For the reasons discussed 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; Department of Homeland 
Security Delegation No. 0170.1.


0
2. Amend Sec.  117.791 by removing paragraph (f) and revising paragraph 
(e) to read as follows:


Sec.  117.791  Hudson River.

* * * * *
    (e) The draw of the highway bridge, mile 152.7, between Troy and 
Green Island, operates as follows:
    (1) From April 1 through December 15 the draw shall open on signal 
if at least a twenty four hour advance notice is given by calling the 
number posted at the bridge.
    (2) From December 16 through March 31, the draw need not open for 
the passage of vessel traffic.

    Dated: August 26, 2013.
V.B. Gifford, Jr.,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 2013-22268 Filed 9-12-13; 8:45 am]
BILLING CODE 9110-04-P