[Federal Register Volume 78, Number 40 (Thursday, February 28, 2013)]
[Rules and Regulations]
[Pages 13479-13481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04621]
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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: Final rule.
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SUMMARY: The Coast Guard has changed the drawbridge operation
regulations that govern 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: This rule is effective April 1, 2013.
ADDRESSES: Comments and related materials received from the public, as
well as documents mentioned in this preamble as being available in the
docket, are part of docket USCG-2009-1021 and are available online by
going to http://www.regulations.gov, inserting USCG-2009-1021 in the
``Keyword'' box, and then clicking ``Search.'' This material is also
available for inspection or copying at 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ms. Judy Leung-Yee, Project Officer, First Coast Guard
District Bridge Branch, 212-668-7165, [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 January 13, 2010, we published a notice of proposed rulemaking
(NPRM) entitled ``Drawbridge Operation Regulations New Haven Harbor,
Quinnipiac and Mill Rivers,'' in the Federal Register (75 FR 1738). We
received no comments on the proposed rule. No public meeting was
requested, and none was held.
On December 26, 2012, we published a notice of proposed rulemaking;
Reopening Comment Period, entitled ``Drawbridge Operation Regulations
New Haven Harbor, Quinnipiac and Mill Rivers,'' in the Federal Register
(77 FR 75917). We received no comments on the proposed rule; Reopening
Comment Period. No public meeting was requested, and none was held.
B. Basis 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.
[[Page 13480]]
In 2009, the City of New Haven requested a change to the drawbridge
operation regulations governing the Ferry Street Bridge at mile 0.7,
across Quinnipiac River, the Grand Avenue Bridge at mile 1.3, across
the Quinnipiac River, and the Chapel Street Bridge, mile 0.4, across
the Mill River, to reduce the burden of crewing these bridges during
time periods when historically there have been few requests to open the
bridges.
As a result, the Coast Guard authorized a temporary test deviation
(74 FR 27249) on June 9, 2009, to test the proposed changes to the
drawbridge operation regulations to help determine if a permanent
change to the regulations would satisfactorily accomplish the bridge
owner's goal and continue to meet the reasonable needs of navigation.
The test period was in effect from May 1, 2009 through October 26,
2009. There were no adverse impacts to navigation reported during the
test period.
As a result of the test deviation we published a notice of proposed
rulemaking entitled, ``Drawbridge Operation Regulation; New Haven
Harbor, Quinnipiac and Mill Rivers, CT,'' in the Federal Register (75
FR 1738) on January 13, 2010. The comment period for the NPRM closed on
February 12, 2010. We received no comments in response to our NPRM. No
public meeting was requested, and none was held.
The promulgation of the final rule was delayed due to the
construction of the I-95 Pearl Harbor Memorial Bridge across the
Quinnipiac River, at New Haven, Connecticut, which required land
traffic detours impacting all three bridges during the initial phase of
the new bridge construction. The Coast Guard delayed publication of the
final rule to help facilitate vehicular traffic detours.
On December 26, 2012, because several years had passed since we
first solicited comments on this rulemaking, we reopened the notice of
proposed rulemaking with a request for comments to provide notice and
opportunity for the public to comment on this rulemaking before making
the proposed changes permanent. We received no comments in response to
the reopening of the NPRM and request for comments.
The existing drawbridge operation regulations, listed at 33 CFR
117.213, authorize 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.
The waterway users are seasonal recreational craft, commercial
fishing and construction vessels.
The regulation governing the Tomlinson Bridge at mile 0.0, across
the Quinnipiac River, will not be changed by this rulemaking.
C. Discussion of Comments and Changes
The Coast Guard received no comments in response to the notice of
proposed rulemaking; reopening of comments. 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, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory, and does not require an assessment of potential costs and
benefits under section 6(a)(3) of that Order or under section 1 of
Executive Order 13563. The Office of Management and Budget has not
reviewed it under those Orders.
The Coast Guard does not consider this rule to be a ``significant''
regulatory action under those Orders because the above drawbridge
operation schedule is being modified during periods of time with few
requests for bridge operation. A prior test period of these new
regulations met the needs of those mariners transiting the area.
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 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 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 because we already tested this
rulemaking from May 1, 2009 through October 26, 2009, with satisfactory
results and no complaints from the waterway users in 2010 and 2012.
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 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.
6. 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,
[[Page 13481]]
we do discuss the effects of this rule elsewhere in this preamble.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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 rule was tested 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. 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. 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: February 14, 2013.
Daniel B. Abel,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2013-04621 Filed 2-27-13; 8:45 am]
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