Drawbridge Operation Regulations; Quinnipiac River, New Haven, CT, 17250-17252 [E8-6631]

Download as PDF 17250 Federal Register / Vol. 73, No. 63 / Tuesday, April 1, 2008 / Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2008–0108] RIN 1625–AA09 Drawbridge Operation Regulations; Quinnipiac River, New Haven, CT Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard has temporarily changed the drawbridge operation regulations that govern the Ferry Street Bridge, mile 0.7, across the Quinnipiac River at New Haven, Connecticut. The Coast Guard published a temporary final rule on September 27, 2007, which allowed single leaf bridge openings through April 30, 2008, to facilitate bridge repairs. The Coast Guard was notified by the bridge owner that an eight day complete bridge closure would be necessary in order to complete the bridge repairs. As a result, a second temporary final rule is now necessary to allow the Ferry Street Bridge to remain completely closed for eight days in order to facilitate rehabilitation construction at the bridge. DATES: This rule is effective from April 21, 2008 through April 28, 2008. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–2008– 0108 and are available online at www.regulations.gov. They are also available for inspection or copying at two locations: 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, and the First Coast Guard District, Bridge Branch, One South Street, New York, NY 10004, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Ms. Judy Leung-Yee, Project Officer, First Coast Guard District, (212) 668–7195. SUPPLEMENTARY INFORMATION: rfrederick on PRODPC68 with RULES SUMMARY: Regulatory Information We did not publish a notice of proposed rulemaking (NPRM) for this regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing an NPRM. It would be impracticable, unnecessary, and contrary to public interest to publish an VerDate Aug<31>2005 14:21 Mar 31, 2008 Jkt 214001 NPRM because the eight day bridge closure authorized by this rule is necessary in order to complete the bridge repairs necessary to insure the safe continued and reliable operation of this bridge. Under 5 U.S.C. 553(d)(3) the Coast Guard also finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Any delay in making this rule effective would not be in the best interest of public safety and the marine interests that use the Quinnipiac River because failure to complete the necessary rehabilitation repairs would result in the bridge not being able to open for vessel traffic. The Coast Guard contacted the waterway users and facilities that normally transit this bridge and no objections were received to the scheduled eight day bridge closure. Background and Purpose The Ferry Street Bridge, across the Quinnipiac River, mile 0.7, at New Haven, Connecticut, has a vertical clearance in the closed position of 25 feet at mean high water and 31 feet at mean low water. The existing regulations are listed at 33 CFR 117.213. In early 2007, the Connecticut Department of Transportation requested a temporary deviation to facilitate scheduled structural repairs and bridge painting at the Ferry Street Bridge at New Haven, Connecticut. In order to perform the structural repairs, one bascule bridge span had to remain in the closed position while the other span could remain in the full open position at all times for the passage of vessel traffic. As a result of the above request, the Coast Guard published a temporary deviation from the drawbridge operation regulations in the Federal Register (72 FR 18884), on April 16, 2007, in effect from April 16, 2007 through September 27, 2007. On June 22, 2007, the Coast Guard was notified that the scheduled repairs authorized under the temporary deviation listed above would not be completed by the end of the effective period scheduled to end on September 27, 2007, and that work would continue through April 30, 2008. As a result, the Coast Guard published a temporary final rule on September 27, 2007 (72 FR 54835), authorizing single leaf bridge openings from September 28, 2007 through April 30, 2008. On February 13, 2008, the Coast Guard received notification from the bridge owner that an eight day bridge closure, from April 21, 2008 through April 28, 2008, would be necessary to PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 complete the final phase of bridge repairs. As a result of the above request, the Coast Guard is now publishing this second temporary final rule to allow the Ferry Street Bridge to remain in the fully closed position (both moveable spans) to complete the bridge rehabilitation repairs on April 28, 2008. This temporary final rule will replace the temporary final rule published on September 27, 2007 and allow the Ferry Street Bridge to return to full operation on April 29, 2008. Regulatory Evaluation 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 the bridge closure will be of short duration and is necessary in order to restore the bridge to full operation. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we considered whether this rule would have a significant economic impact on a substantial number of small entities. 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 less than 50,000. 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 conclusion is based on the fact that the bridge closure is of short duration and is necessary to restore the bridge to full operation. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we offered to assist small entities in understanding the rule so that they could better evaluate its effects on them and participate in the rulemaking process. No small entities requested Coast Guard assistance and none was given. 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 E:\FR\FM\01APR1.SGM 01APR1 Federal Register / Vol. 73, No. 63 / Tuesday, April 1, 2008 / Rules and Regulations 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. 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). 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. rfrederick on PRODPC68 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 does not concern an environmental risk VerDate Aug<31>2005 14:21 Mar 31, 2008 Jkt 214001 to health or risk to safety that may disproportionately affect children. Indian Tribal Governments This final rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have 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 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 We have analyzed this rule under Commandant Instruction M16475.1D, 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 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 17251 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 considering that it relates to the promulgation of operating regulations or procedures for drawbridges. 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. List of Subjects in 33 CFR Part 117 Bridges. For the reasons set out in the preamble, the Coast Guard amends 33 CFR part 117 as follows: I PART 117—DRAWBRIDGE OPERATION REGULATIONS 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. From April 21, 2008 through April 28, 2008, § 117.213 is amended by suspending paragraph (a) and adding a temporary paragraph (g) to read as follows: I § 117.213 New Haven Harbor, Quinnipiac and Mill Rivers. * * * * * (g) The draws shall open on signal; except as follows: (1) 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., the draws need not be opened. (2) The draw of the Ferry Street Bridge, mile 0.7, Quinnipiac River, at New Haven, may remain in the closed position from April 21, 2008 through April 28, 2008. (3) From 11 p.m. to 7 a.m., the draw of the Grand Avenue Bridge, Quinnipiac River, shall open on signal if at least one hour notice is given to the tender at the Ferry Street Bridge. In the event that the tender is at the Chapel Street Bridge, a delay of up to an additional hour may be expected. (4) From 9 p.m. to 5 a.m., the draw of the Chapel Street Bridge, Mill River, shall open on signal if at least one hour notice is given to the tender at Ferry Street Bridge. In the event the tender is at the Grand Avenue Bridge, a delay of up to an additional hour may be expected. E:\FR\FM\01APR1.SGM 01APR1 17252 Federal Register / Vol. 73, No. 63 / Tuesday, April 1, 2008 / Rules and Regulations Dated: March 19, 2008. Timothy V. Skuby, Captain, U.S. Coast Guard, Acting Commander, First Coast Guard District. [FR Doc. E8–6631 Filed 3–31–08; 8:45 am] BILLING CODE 4910–15–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63 [EPA–HQ–OAR–2005–0155; FRL–8547–4] RIN 2060–AO52 National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: SUMMARY: EPA is taking direct final action on amendments to the national perchloroethylene air emission standards for dry cleaning facilities promulgated on July 27, 2006, under the authority of section 112 of the Clean Air Act. This action amends rule language to correct applicability cross references that were not correctly amended between the most recent proposed and final rule revisions, and to clarify that condenser performance monitoring may be done by either of two prescribed methods (pressure or temperature), regardless of whether an installed pressure gauge is present. Without these amendments, new area sources could erroneously be required to perform monitoring that was proposed for only major sources, and installed condenser performance gauge readings could be required of sources when a prescribed temperature method is just as valid for compliance purposes. DATES: This rule is effective on July 15, 2008 without further notice, unless EPA receives adverse comment by May 16, 2008. If EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that some or all of the amendments in this rule will not take effect. Submit your comments, identified by Docket ID No. EPA–HQ– OAR–2005–0155 by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. E-mail: a-and-r-docket@epa.gov and johnson.warren@epa.gov. 3. Facsimile: (202) 566–9744 and (919) 541–3470. rfrederick on PRODPC68 with RULES ADDRESSES: VerDate Aug<31>2005 14:21 Mar 31, 2008 Jkt 214001 4. Mail: U.S. Postal Service, send comments to: Air and Radiation Docket, Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Please include a total of two copies. 5. Hand Delivery: Deliver in person, or by courier deliveries to: EPA Docket Center, Public Reading Room, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. We request that a separate copy also be sent to the contact person listed below (see FOR FURTHER INFORMATION CONTACT). Instructions: Direct your comments to Docket ID No. EPA–HQ–OAR–2005– 0155. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or e-mail. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional instructions on submitting comments, go to Unit III of the SUPPLEMENTARY INFORMATION section of this document. Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the National Emission Standards for Hazardous Air Pollutants for Four Area Source Categories Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the Air Docket is (202) 566– 1742. FOR FURTHER INFORMATION CONTACT: Mr. Warren Johnson, Sector Policies and Programs Division, Office of Air Quality Planning and Standards (E143–03), Environmental Protection Agency, Research Triangle Park, NC 27711, telephone number (919) 541–5124, electronic mail address Johnson.warren@epa.gov. SUPPLEMENTARY INFORMATION: The information presented in this preamble is organized as follows: I. Why is EPA using a direct final rule? II. Does this action apply to me? III. What should I consider as I prepare my comments to EPA? IV. Where can I get a copy of this document? V. Why are we amending the rule? VI. What amendments are we making to the rule? VII. 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 and Safety Risks H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer Advancement Act J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations K. Congressional Review Act I. Why is EPA using a direct final rule? EPA is publishing the rule without a prior proposed rule because we view this as a noncontroversial action and anticipate no adverse comment. As explained below, this action amends rule language to clarify that colorimetric monitoring requirements were not intended for new dry cleaning machines E:\FR\FM\01APR1.SGM 01APR1

Agencies

[Federal Register Volume 73, Number 63 (Tuesday, April 1, 2008)]
[Rules and Regulations]
[Pages 17250-17252]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-6631]



[[Page 17250]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2008-0108]
RIN 1625-AA09


Drawbridge Operation Regulations; Quinnipiac River, New Haven, CT

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard has temporarily changed the drawbridge 
operation regulations that govern the Ferry Street Bridge, mile 0.7, 
across the Quinnipiac River at New Haven, Connecticut. The Coast Guard 
published a temporary final rule on September 27, 2007, which allowed 
single leaf bridge openings through April 30, 2008, to facilitate 
bridge repairs. The Coast Guard was notified by the bridge owner that 
an eight day complete bridge closure would be necessary in order to 
complete the bridge repairs. As a result, a second temporary final rule 
is now necessary to allow the Ferry Street Bridge to remain completely 
closed for eight days in order to facilitate rehabilitation 
construction at the bridge.

DATES: This rule is effective from April 21, 2008 through April 28, 
2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0108 and are available online 
at www.regulations.gov. They are also available for inspection or 
copying at two locations: 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, and the First 
Coast Guard District, Bridge Branch, One South Street, New York, NY 
10004, between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Ms. Judy Leung-Yee, Project Officer, 
First Coast Guard District, (212) 668-7195.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation.
    Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause 
exists for not publishing an NPRM. It would be impracticable, 
unnecessary, and contrary to public interest to publish an NPRM because 
the eight day bridge closure authorized by this rule is necessary in 
order to complete the bridge repairs necessary to insure the safe 
continued and reliable operation of this bridge.
    Under 5 U.S.C. 553(d)(3) the Coast Guard also finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Any delay in making this rule 
effective would not be in the best interest of public safety and the 
marine interests that use the Quinnipiac River because failure to 
complete the necessary rehabilitation repairs would result in the 
bridge not being able to open for vessel traffic.
    The Coast Guard contacted the waterway users and facilities that 
normally transit this bridge and no objections were received to the 
scheduled eight day bridge closure.

Background and Purpose

    The Ferry Street Bridge, across the Quinnipiac River, mile 0.7, at 
New Haven, Connecticut, has a vertical clearance in the closed position 
of 25 feet at mean high water and 31 feet at mean low water. The 
existing regulations are listed at 33 CFR 117.213.
    In early 2007, the Connecticut Department of Transportation 
requested a temporary deviation to facilitate scheduled structural 
repairs and bridge painting at the Ferry Street Bridge at New Haven, 
Connecticut. In order to perform the structural repairs, one bascule 
bridge span had to remain in the closed position while the other span 
could remain in the full open position at all times for the passage of 
vessel traffic.
    As a result of the above request, the Coast Guard published a 
temporary deviation from the drawbridge operation regulations in the 
Federal Register (72 FR 18884), on April 16, 2007, in effect from April 
16, 2007 through September 27, 2007.
    On June 22, 2007, the Coast Guard was notified that the scheduled 
repairs authorized under the temporary deviation listed above would not 
be completed by the end of the effective period scheduled to end on 
September 27, 2007, and that work would continue through April 30, 
2008.
    As a result, the Coast Guard published a temporary final rule on 
September 27, 2007 (72 FR 54835), authorizing single leaf bridge 
openings from September 28, 2007 through April 30, 2008.
    On February 13, 2008, the Coast Guard received notification from 
the bridge owner that an eight day bridge closure, from April 21, 2008 
through April 28, 2008, would be necessary to complete the final phase 
of bridge repairs.
    As a result of the above request, the Coast Guard is now publishing 
this second temporary final rule to allow the Ferry Street Bridge to 
remain in the fully closed position (both moveable spans) to complete 
the bridge rehabilitation repairs on April 28, 2008.
    This temporary final rule will replace the temporary final rule 
published on September 27, 2007 and allow the Ferry Street Bridge to 
return to full operation on April 29, 2008.

Regulatory Evaluation

    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 the bridge closure will 
be of short duration and is necessary in order to restore the bridge to 
full operation.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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 less than 50,000.
    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 conclusion is based on the fact that the bridge closure is of 
short duration and is necessary to restore the bridge to full 
operation.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process.
    No small entities requested Coast Guard assistance and none was 
given.
    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

[[Page 17251]]

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.

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).

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.

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 does not concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

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

    We have analyzed this rule under Commandant Instruction M16475.1D, 
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 considering that it relates to the 
promulgation of operating regulations or procedures for drawbridges. 
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.

List of Subjects in 33 CFR Part 117

    Bridges.

0
For the reasons set out 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(g); Department of 
Homeland Security Delegation No. 0170.1.

0
2. From April 21, 2008 through April 28, 2008, Sec.  117.213 is amended 
by suspending paragraph (a) and adding a temporary paragraph (g) to 
read as follows:


Sec.  117.213  New Haven Harbor, Quinnipiac and Mill Rivers.

* * * * *
    (g) The draws shall open on signal; except as follows:
    (1) 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., the draws need not be opened.
    (2) The draw of the Ferry Street Bridge, mile 0.7, Quinnipiac 
River, at New Haven, may remain in the closed position from April 21, 
2008 through April 28, 2008.
    (3) From 11 p.m. to 7 a.m., the draw of the Grand Avenue Bridge, 
Quinnipiac River, shall open on signal if at least one hour notice is 
given to the tender at the Ferry Street Bridge. In the event that the 
tender is at the Chapel Street Bridge, a delay of up to an additional 
hour may be expected.
    (4) From 9 p.m. to 5 a.m., the draw of the Chapel Street Bridge, 
Mill River, shall open on signal if at least one hour notice is given 
to the tender at Ferry Street Bridge. In the event the tender is at the 
Grand Avenue Bridge, a delay of up to an additional hour may be 
expected.


[[Page 17252]]


    Dated: March 19, 2008.
Timothy V. Skuby,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
 [FR Doc. E8-6631 Filed 3-31-08; 8:45 am]
BILLING CODE 4910-15-P