
[Federal Register Volume 78, Number 40 (Thursday, February 28, 2013)]
[Rules and Regulations]
[Pages 13479-13481]
From the Federal Register Online via the Government Printing 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, judy.k.leung-yee@uscg.mil. 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]
BILLING CODE 9110-04-P


