[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]
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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.
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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