Drawbridge Operation Regulation; New Haven Harbor, Quinnipiac and Mill Rivers, CT, 13479-13481 [2013-04621]
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Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Rules and Regulations
based companies in domestic and
export markets.
List of Subjects in 28 CFR Part 571
Prisoners.
Charles E. Samuels, Jr.
Director, Bureau of Prisons
Under rulemaking authority vested in the
Attorney General in 5 U.S.C 301; 28 U.S.C.
509, 510 and delegated to the Director,
Bureau of Prisons in 28 CFR 0.96, we amend
28 CFR part 571, chapter V, subchapter D, as
follows.
SUBCHAPTER D—COMMUNITY
PROGRAMS AND RELEASE
PART 571—RELEASE FROM
CUSTODY
1. Revise the authority citation for 28
CFR part 571 to read as follows:
■
Authority: 5 U.S.C. 301; 18 U.S.C. 3565;
3568 and 3569 (Repealed in part as to
offenses committed on or after November 1,
1987), 3582, 3621, 3622, 3624, 4001, 4042,
4081, 4082 (Repealed in part as to offenses
committed on or after November 1, 1987),
4161–4166 and 4201–4218 (Repealed as to
offenses committed on or after November 1,
1987), 5006–5024 (Repealed October 12,
1984, as to offenses committed after that
date), 5031–5042; 28 U.S.C. 509 and 510;
U.S. Const., Art. II, Sec. 2; 28 CFR 1.1–1.10;
DC Official Code sections 24–101, 24–461
24–465, 24–467, and 24–468.
Subpart G—Compassionate Release
(Procedures for the Implementation Of
18 U.S.C. 3582(C)(1)(A) and 4205(G))
§ 571.61
[Amended]
opinion of either the Medical Director or
the Assistant Director, Correctional
Programs Division depending upon the
nature of the basis of the request. With
this opinion, the General Counsel shall
forward the entire matter to the Director,
Bureau of Prisons, for final decision.
(3) If the Director, Bureau of Prisons,
grants a request under 18 U.S.C. 4205(g),
the Director will contact the U.S.
Attorney in the district in which the
inmate was sentenced regarding moving
the sentencing court on behalf of the
Bureau of Prisons to reduce the
minimum term of the inmate’s sentence
to time served. If the Director, Bureau of
Prisons, grants a request under 18 U.S.C.
3582(c)(1)(A), the Director will contact
the U.S. Attorney in the district in
which the inmate was sentenced
regarding moving the sentencing court
on behalf of the Director of the Bureau
of Prisons to reduce the inmate’s term
of imprisonment to time served.
*
*
*
*
*
■ 4. In § 571.63, revise paragraph (a) to
read as follows:
§ 571.63
Denial of request.
(a) When an inmate’s request is
denied by the Warden, the inmate will
receive written notice and a statement of
reasons for the denial. The inmate may
appeal the denial through the
Administrative Remedy Procedure (28
CFR part 542, subpart B).
*
*
*
*
*
[FR Doc. 2013–04589 Filed 2–27–13; 8:45 am]
BILLING CODE 4410–05–P
2. In § 571.61, paragraph (b), remove
the words ‘‘Office or at a Regional’’ after
the word ‘‘Central’’.
■ 3. In § 571.62, revise paragraph (a) to
read as follows:
■
srobinson on DSK4SPTVN1PROD with RULES
§ 571.62
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Approval of request.
(a) The Bureau of Prisons makes a
motion under 18 U.S.C. 4205(g) or
3582(c)(1)(A) only after review of the
request by the Warden, the General
Counsel, and either the Medical Director
for medical referrals or the Assistant
Director, Correctional Programs Division
for non-medical referrals, and with the
approval of the Director, Bureau of
Prisons.
(1) The Warden shall promptly review
a request for consideration under 18
U.S.C. 4205(g) or 3582(c)(1)(A). If the
Warden, upon an investigation of the
request determines that the request
warrants approval, the Warden shall
refer the matter in writing with
recommendation to the Office of
General Counsel.
(2) If the General Counsel determines
that the request warrants approval, the
General Counsel shall solicit the
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19:07 Feb 27, 2013
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33 CFR Part 117
[Docket No. USCG–2009–1021]
RIN 1625–AA09
Drawbridge Operation Regulation; New
Haven Harbor, Quinnipiac and Mill
Rivers, CT
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
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.
SUMMARY:
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DATES:
13479
This rule is effective April 1,
2013.
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 https://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.leungyee@uscg.mil. If you have questions on
viewing the docket, call Barbara
Hairston, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
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.
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28FER1
srobinson on DSK4SPTVN1PROD with RULES
13480
Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Rules and Regulations
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
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19:07 Feb 27, 2013
Jkt 229001
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
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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,
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Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Rules and Regulations
we do discuss the effects of this rule
elsewhere in this preamble.
consider the use of voluntary consensus
standards.
7. Taking of Private Property
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.
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.
srobinson on DSK4SPTVN1PROD with RULES
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
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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:
13481
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
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
DEPARTMENT OF HOMELAND
SECURITY
1. The authority citation for part 117
continues to read as follows:
Coast Guard
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
■
2. Revise § 117.213 to read as follows:
§ 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
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33 CFR Part 151
[Docket No. USCG–2012–1049]
RIN 1625–AB97
Implementation of MARPOL Annex V
Amendments
Coast Guard, DHS.
Interim rule with request for
comments.
AGENCY:
ACTION:
The Coast Guard is publishing
an interim rule with request for
comments to conform regulations to the
adopted MARPOL Annex V
amendments which entered into force
on January 1, 2013. The International
Convention for the Prevention of
Pollution from Ships (MARPOL) Annex
V (Garbage) amendments prohibiting the
discharge of garbage from vessels unless
expressly allowed were adopted by the
International Maritime Organization’s
Marine Environmental Protection
SUMMARY:
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]]>Agencies
[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://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
