Drawbridge Operation Regulations; Harlem River, New York City, NY, 70516-70517 [E7-24049]

Download as PDF 70516 Federal Register / Vol. 72, No. 238 / Wednesday, December 12, 2007 / Rules and Regulations 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. 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 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 rule will 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 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. yshivers on PROD1PC62 with RULES 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 may disproportionately affect children. 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. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That VerDate Aug<31>2005 15:38 Dec 11, 2007 Jkt 214001 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 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. Environment List of Subjects in 33 CFR Part 117 Bridges. For the reasons discussed out in the preamble, the Coast Guard amends 33 CFR part 117 as follows: I Frm 00038 1. The authority citation for part 117 continues to read as follows: I Authority: 33 U.S.C. 499; 33 CFR 1.05–1(g); Department of Homeland Security Delegation No. 0170.1. 2. § 117.451(b) is revised to read as follows: I § 117.451 Gulf Intracoastal Waterway. * * * * * (b) The draw of the SR 23 bridge, Algiers Alternate Route, mile 3.8 at Belle Chasse, shall open on signal; except that, from 6 a.m. to 8:30 a.m. and from 3:30 p.m. to 5:30 p.m. Monday through Friday, except Federal holidays, the draw need not be opened for the passage of vessels. * * * * * Dated: December 3, 2007. J.R. Whitehead, Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District. [FR Doc. E7–24050 Filed 12–11–07; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [CGD01–07–161] Drawbridge Operation Regulations; Harlem River, New York City, NY Coast Guard, DHS. Notice of temporary deviation from regulations. AGENCY: We have analyzed this rule under 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 there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2–1, paragraph (32)(e) of the Instruction, from further environmental documentation. Under figure 2–1, paragraph (32)(e), of the Instruction, an ‘‘Environmental Analysis Check List’’ and a ‘‘Categorical Exclusion Determination’’ are not required for this rule. PO 00000 PART 117—DRAWBRIDGE OPERATION REGULATIONS Fmt 4700 Sfmt 4700 ACTION: SUMMARY: The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Spuyten Duyvil Bridge across the Harlem River at mile 7.9, at New York City, New York. Under this temporary deviation in effect from January 10, 2008 through April 14, 2008, the Spuyten Duyvil Bridge need not open for the passage of vessel traffic from 6 a.m. to 1:30 p.m. and from 3 p.m. to 9 p.m. The draw shall open on signal one time each day to accommodate vessel traffic between 1:30 p.m. and 3 p.m., after a one-hour advance notice is given by calling the number posted at the bridge. Vessels that can pass under the draw without a bridge opening may do so at all times. This deviation is necessary to facilitate scheduled bridge maintenance. DATES: This deviation is effective from 6 a.m. on January 10, 2008 through 9 p.m. on April 14, 2008. E:\FR\FM\12DER1.SGM 12DER1 Federal Register / Vol. 72, No. 238 / Wednesday, December 12, 2007 / Rules and Regulations Materials referred to in this document are available for inspection or copying at the First Coast Guard District, Bridge Branch Office, One South Street, New York, New York, 10004, between 7 a.m. and 3 p.m., Monday through Friday, except Federal holidays. The telephone number is (212) 668–7165. The First Coast Guard District Bridge Branch Office maintains the public docket for this temporary deviation. ADDRESSES: Joe Arca, Project Officer, First Coast Guard District, at (212) 668–7069. FOR FURTHER INFORMATION CONTACT: The Spuyten Duyvil Bridge, across the Harlem River, mile 7.9, at New York City, New York, has a vertical clearance in the closed position of 5 feet at mean high water and 9 feet at mean low water. The existing drawbridge operation regulations are listed at 33 CFR 117.789(f). The owner of the bridge, National Railroad Passenger Corporation (Amtrak), requested a temporary deviation to facilitate scheduled bridge maintenance, the replacement of the bridge protective fender system at the west end. Under this temporary deviation in effect from January 10, 2008 through April 14, 2008, the Spuyten Duyvil Bridge need not open for the passage of vessel traffic from 6 a.m. to 1:30 p.m. and from 3 p.m. to 9 p.m. The draw shall open on signal one time each day to accommodate vessel traffic between 1:30 p.m. and 3 p.m., after at least a onehour notice is given by calling the number posted at the bridge. Vessels that can pass under the bridge without a bridge opening may do so at all times. In accordance with 33 CFR 117.35(e), the bridge must return to its regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35. Should the bridge maintenance authorized by this temporary deviation be completed before the end of the effective period published in this notice, the Coast Guard will rescind the remainder of this temporary deviation, and the bridge shall be returned to its normal operation schedule. Notice of the above action shall be provided to the public in the Local Notice to Mariners and the Federal Register, where practicable. yshivers on PROD1PC62 with RULES SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 15:38 Dec 11, 2007 Jkt 214001 Dated: December 4, 2007. Gary Kassof, Bridge Program Manager, First Coast Guard District. [FR Doc. E7–24049 Filed 12–11–07; 8:45 am] BILLING CODE 4910–15–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 131 [EPA–HQ–OW–2007–0259; FRL–8504–9] Water Quality Standards for Puerto Rico Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: SUMMARY: EPA is promulgating water quality standards that establish methods to implement Puerto Rico’s existing antidegradation policy for waters in the Commonwealth of Puerto Rico. EPA was required to propose antidegradation implementation methods under court order. The Clean Water Act requires that all States, Territories, and authorized Tribes develop water quality standards that include the designated use or uses of the water, water quality criteria to protect those uses, and an antidegradation policy and implementation methods. Through this promulgation, the federal antidegradation implementation methods are added to Puerto Rico’s water quality standards. DATES: This final rule is effective January 11, 2008. ADDRESSES: The public record for this rulemaking is located at USEPA, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and EPA Region 2, 290 Broadway, New York, New York 10007, and can be viewed between 8:30 a.m. and 4:30 p.m. at both locations. FOR FURTHER INFORMATION CONTACT: For further information concerning today’s final rule, contact Wayne Jackson, U.S. EPA Region 2, Division of Environmental Planning and Protection, 290 Broadway, New York, New York 10007 (telephone: 212–637–3807 or email: jackson.wayne@epa.gov) or Lauren Wisniewski, U.S. EPA Headquarters, Office of Science and Technology, 1200 Pennsylvania Avenue, NW., Mail Code 4305T, Washington, DC 20460 (telephone: 202–566–0394 or e-mail: wisniewski.lauren@epa.gov). This section is organized as follows: SUPPLEMENTARY INFORMATION: PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 70517 Table of Contents I. General Information A. What Entities May Be Affected by this Action? B. How Can I Get Copies of This Document and Other Related Information? II. Background A. What Are the Applicable Federal Statutory and Regulatory Requirements? B. Why Is EPA Promulgating Federal Antidegradation Implementation Methods for the Commonwealth of Puerto Rico? III. This Final Rule A. What Are the Federal Antidegradation Implementation Methods to Protect Puerto Rico’s High Quality Waters? B. How Will Puerto Rico Implement the Federal Antidegradation Implementation Methods? C. What Are the Cost Implications of the Final Rule? D. Comments Received in Response to EPA’s May 2007 Proposal IV. Statutory and Executive Order Reviews A. Executive Order 12866 (Regulatory Planning and Review) B. Paperwork Reduction Act C. Regulatory Flexibility Act D. Unfunded Mandates Reform Act E. Executive Order 13132 (Federalism) F. Executive Order 13175 (Consultation and Coordination with Indian Tribal Governments) G. Executive Order 13045 (Protection of Children From Environmental Health Risks and Safety Risks) H. Executive Order 13211 (Actions That Significantly Affect Energy Supply, Distribution or Use) I. National Technology Transfer and Advancement Act of 1995 J. Executive Order 12898 (Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations) K. Endangered Species Act L. Congressional Review Act I. General Information A. What Entities May Be Affected by This Action? Citizens concerned with water quality in Puerto Rico may be interested in this rulemaking which establishes federal antidegradation implementation methods by regulation for waters in the Commonwealth of Puerto Rico (hereafter, ‘‘the Commonwealth’’ or ‘‘Puerto Rico’’). Entities discharging pollutants to the surface waters of Puerto Rico could be indirectly affected by this rulemaking since water quality standards are used in determining National Pollutant Discharge Elimination System (NPDES) permit limits, CWA section 404 dredge and fill permits, and other activities requiring CWA section 401 certification. Categories and entities that may ultimately be affected include: E:\FR\FM\12DER1.SGM 12DER1

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[Federal Register Volume 72, Number 238 (Wednesday, December 12, 2007)]
[Rules and Regulations]
[Pages 70516-70517]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-24049]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD01-07-161]


Drawbridge Operation Regulations; Harlem River, New York City, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, First Coast Guard District, has issued a 
temporary deviation from the regulation governing the operation of the 
Spuyten Duyvil Bridge across the Harlem River at mile 7.9, at New York 
City, New York. Under this temporary deviation in effect from January 
10, 2008 through April 14, 2008, the Spuyten Duyvil Bridge need not 
open for the passage of vessel traffic from 6 a.m. to 1:30 p.m. and 
from 3 p.m. to 9 p.m. The draw shall open on signal one time each day 
to accommodate vessel traffic between 1:30 p.m. and 3 p.m., after a 
one-hour advance notice is given by calling the number posted at the 
bridge. Vessels that can pass under the draw without a bridge opening 
may do so at all times. This deviation is necessary to facilitate 
scheduled bridge maintenance.

DATES: This deviation is effective from 6 a.m. on January 10, 2008 
through 9 p.m. on April 14, 2008.

[[Page 70517]]


ADDRESSES: Materials referred to in this document are available for 
inspection or copying at the First Coast Guard District, Bridge Branch 
Office, One South Street, New York, New York, 10004, between 7 a.m. and 
3 p.m., Monday through Friday, except Federal holidays. The telephone 
number is (212) 668-7165. The First Coast Guard District Bridge Branch 
Office maintains the public docket for this temporary deviation.

FOR FURTHER INFORMATION CONTACT: Joe Arca, Project Officer, First Coast 
Guard District, at (212) 668-7069.

SUPPLEMENTARY INFORMATION: The Spuyten Duyvil Bridge, across the Harlem 
River, mile 7.9, at New York City, New York, has a vertical clearance 
in the closed position of 5 feet at mean high water and 9 feet at mean 
low water. The existing drawbridge operation regulations are listed at 
33 CFR 117.789(f).
    The owner of the bridge, National Railroad Passenger Corporation 
(Amtrak), requested a temporary deviation to facilitate scheduled 
bridge maintenance, the replacement of the bridge protective fender 
system at the west end.
    Under this temporary deviation in effect from January 10, 2008 
through April 14, 2008, the Spuyten Duyvil Bridge need not open for the 
passage of vessel traffic from 6 a.m. to 1:30 p.m. and from 3 p.m. to 9 
p.m. The draw shall open on signal one time each day to accommodate 
vessel traffic between 1:30 p.m. and 3 p.m., after at least a one-hour 
notice is given by calling the number posted at the bridge. Vessels 
that can pass under the bridge without a bridge opening may do so at 
all times.
    In accordance with 33 CFR 117.35(e), the bridge must return to its 
regular operating schedule immediately at the end of the designated 
time period. This deviation from the operating regulations is 
authorized under 33 CFR 117.35.
    Should the bridge maintenance authorized by this temporary 
deviation be completed before the end of the effective period published 
in this notice, the Coast Guard will rescind the remainder of this 
temporary deviation, and the bridge shall be returned to its normal 
operation schedule.
    Notice of the above action shall be provided to the public in the 
Local Notice to Mariners and the Federal Register, where practicable.

    Dated: December 4, 2007.
Gary Kassof,
Bridge Program Manager, First Coast Guard District.
[FR Doc. E7-24049 Filed 12-11-07; 8:45 am]
BILLING CODE 4910-15-P