Rule2023-17750
Drawbridge Operation Regulation; Pequonnock River, Bridgeport, CT
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 18, 2023
Effective
August 18, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is removing the existing drawbridge operation regulation for the East Washington Street Bridge across the Pequonnock River, mile 0.6, Bridgeport, CT. The drawbridge was converted to a fixed bridge in 2022 and the operating regulation is no longer applicable or necessary.
Full Text
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<title>Federal Register, Volume 88 Issue 159 (Friday, August 18, 2023)</title>
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[Federal Register Volume 88, Number 159 (Friday, August 18, 2023)]
[Rules and Regulations]
[Pages 56470-56471]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17750]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2023-0175]
RIN 1625-AA09
Drawbridge Operation Regulation; Pequonnock River, Bridgeport, CT
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is removing the existing drawbridge operation
regulation for the East Washington Street Bridge across the Pequonnock
River, mile 0.6, Bridgeport, CT. The drawbridge was converted to a
fixed bridge in 2022 and the operating regulation is no longer
applicable or necessary.
DATES: This rule is effective August 18, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2023-0175. In the ``SEARCH'' box and click ``SEARCH.'' In the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Ms. Stephanie E. Lopez, First Coast Guard District,
Project Officer, telephone (212) 514-4335, email
<a href="/cdn-cgi/l/email-protection#6d3e19081d050c03040843284321021d08172d181e0e0a43000401"><span class="__cf_email__" data-cfemail="df8cabbaafb7beb1b6baf19af193b0afbaa59faaacbcb8f1b2b6b3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is unnecessary. The East
Washington Street Bridge, that once required draw operations in 33 CFR
117.219(c), was converted to a fixed bridge in 2022. Therefore, the
regulation is no longer applicable and shall be removed from
publication. It is unnecessary to publish an NPRM because this
regulatory action does not purport to place any restrictions on
mariners but rather removes a restriction that has no further use or
value.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective in less than 30 days after
publication in the Federal Register because it is unnecessary. The
bridge has been a fixed bridge for one year and this rule merely
requires an administrative change to the Federal Register, in order to
omit a regulatory requirement that is no longer applicable or
necessary. The modification to a fixed bridge has already taken place
and the removal of the regulation will not affect mariners currently
operating on this waterway.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The East Washington Street Bridge was converted to a fixed bridge
in 2022. It has come to the attention of the Coast Guard that the
governing regulation for this drawbridge was never removed subsequent
to the completion of the conversion to a fixed bridge. The conversion
of this drawbridge to fixed bridge necessitates the removal of the
drawbridge operation regulation, 33 CFR 117.219(c), that pertains to
the former drawbridge.
The purpose of this rule is to remove paragraph (c) of 33 CFR
117.219 that refers to the East Washington Street Bridge across the
Pequannock River, mile 0.6, Bridgeport, CT from the Code of Federal
Regulations since it governs a drawbridge that can longer be opened.
IV. Discussion of Final Rule
The Coast Guard is removing the regulation in 33 CFR 117.219(c)
related to the draw operations for this bridge because it is no longer
a drawbridge. The change removes the paragraph of the regulation
governing the East Washington Street Bridge since the bridge has been
converted to a fixed bridge. This Final Rule seeks to update the Code
of Federal Regulations by removing language that governs the operation
of the East Washington Street Bridge, which in fact is no longer a
drawbridge. This change does not affect waterway or land traffic. This
change does not affect, nor does it alter the operating schedules in 33
CFR 117.219 (a) and (b) that govern the remaining active drawbridges on
the Pequonnock River.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, it has
not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the fact that the
bridge was modified to a fixed bridge and no longer operates as a
drawbridge. The removal of the operating schedule from 33 CFR
117.219(c) will have no effect on the movement of the Pequonnock River
or land traffic.
B. 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 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.
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section V.A.
above this final rule would not have a significant economic impact on
any vessel owner or operator.
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
section.
[[Page 56471]]
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.
C. 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).
D. Federalism and Indian Tribal Government
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev.1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series) which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The
Coast Guard has determined that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This rule promulgates the operating
regulations or procedures for drawbridges and is categorically excluded
from further review, under paragraph L49, of Chapter 3, Table 3-1 of
the U.S. Coast Guard Environmental Planning Implementation Procedures.
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are 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. 00170.1, Revision No. 01.3.
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2. Amend Sec. 117.219 by removing paragraph (c).
Dated: July 28, 2023.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2023-17750 Filed 8-17-23; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on August 18, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.