[Federal Register: October 19, 2004 (Volume 69, Number 201)]
[Proposed Rules]
[Page 61455-61457]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19oc04-9]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 61455]]
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD01-04-106]
RIN 1625-AA09
Drawbridge Operation Regulations; Connecticut River, CT
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to temporarily change the
drawbridge operation regulations for the operation of the Route 82
Bridge, at mile 16.8, across the Connecticut River at East Haddam,
Connecticut. This proposed rule would allow the bridge to operate on
fixed opening schedule and permit several bridge closures from December
1, 2004 through March 31, 2006, to facilitate rehabilitation
construction at the bridge. This work was previously scheduled last
year to be in effect from November 1, 2002 through October 31, 2003.
This work was postponed for over one year due to project funding
issues. This action is necessary to facilitate major rehabilitation of
the bridge.
DATES: Comments must reach the Coast Guard on or before November 18,
2004.
ADDRESSES: You may mail comments to Commander (obr), First Coast Guard
District, Bridge Branch, One South Street, Battery Park Building, New
York, New York, 10004, or deliver them to the same address 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, maintains the public docket for this rulemaking.
Comments and material received from the public, as well as documents
indicated in this preamble as being available in the docket, will
become part of this docket and will be available for inspection or
copying at the First Coast Guard District, Bridge Branch, 7 a.m. to 3
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
The Coast Guard finds that good reason exists for publishing an
NPRM with a shortened comment period of 30 days. The shortened comment
period will allow time to publish a final rule that will comply with
notice requirements under 5 U.S.C. (d)(3) in time for work beginning on
December 1, 2004, for bridge rehabilitation work.
The Coast Guard also believes this shortened comment period is
reasonable because a notice of proposed rulemaking was previously
published on September 10, 2002, for this same project with a similar
opening schedule and no comments were received in response to that
proposed rule.
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments or related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD01-04-
106), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know if
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the First Coast Guard District,
Bridge Branch, at the address under ADDRESSES explaining why one would
be beneficial. If we determine that one would aid this rulemaking, we
will hold one at a time and place announced by a later notice in the
Federal Register.
Background and Purpose
The Route 82 Bridge has a vertical clearance of 22 feet at mean
high water, and 25 feet at mean low water in the closed position. The
existing drawbridge operating regulations listed at 33 CFR 117.205(c),
require the bridge to open on signal at all times; except that, from
May 15 to October 31, 9 a.m. to 9 p.m., the bridge is required to open
for recreational vessels on the hour and half hour only. The bridge is
required to open on signal at all times for commercial vessels.
The Route 82 Bridge was scheduled for major repairs in the summer
of 2001, and again in 2002, but due to project funding shortfalls the
work was delayed. Subsequent to that, the bridge has continued to
deteriorate. Funding has now been made available and the necessary
repairs need to be performed with all due speed to assure safe reliable
continued operation of the bridge.
The bridge owner, Connecticut Department of Transportation, has
requested a temporary rule to allow the bridge to open at specific
times. Commercial vessels may obtain bridge openings at any time
provided they provide a two-hour advance notice to the bridge tender.
The bridge owner has also requested additional closures which would
restrict both recreational and commercial traffic. The requested dates
include: one seven day bridge closure from March 21 through March 28,
2005; three 8-hour closures on October 18, 19 and 20, 2005; and one 24-
hour closure on December 14, 2005.
The exact dates and times for the above closures may change
slightly due to unforeseen issues. The Coast Guard will publish the
exact times and dates in the Local Notice to Mariners at least thirty
days in advance of the anticipated occurrence to assist mariners in
their planning should the above dates and times change.
Under this proposed rule, in effect from December 1, 2004 through
March 31, 2006, the Route 82 Bridge would operate as follows:
From November 1 through July 6, the draw shall open on signal at
5:30 a.m., 1:30 p.m., and 8 p.m., daily.
From July 7 through October 31, the draw shall open on signal
Monday through Thursday at 5:30 a.m., 1:30 p.m., and 8 p.m. On Friday
the draw shall open on signal at 5:30 a.m., 1:30 p.m., 8 p.m., and
11:30 p.m. On Saturday and Sunday the draw shall open on signal at 5:30
a.m., 8:30 a.m., 1:30 p.m., 4 p.m., 8 p.m., and 11:30 p.m.
[[Page 61456]]
At all times, other than during the closure periods identified
above, the draw shall open on signal for commercial vessels provided at
least a two-hour advance notice is given.
Discussion of Proposed Rule
This proposed change would amend 33 CFR Sec. 117.205 by suspending
paragraph (c) and adding a new temporary paragraph (d) that would list
the temporary fixed bridge opening schedule for the Route 82 Bridge.
Additionally, the bridge owner has also requested closures which
would restrict both recreational and commercial traffic. The requested
dates include: one 7-day bridge closure from March 21 through March 28,
2005; three 8-hour closures on October 18, 19 and 20, 2005; and one 24-
hour closure on December 14, 2005.
At all other times other than during the specified closure periods,
the draw would open on signal at any time for commercial vessels
provided at least a two-hour advance notice is given.
Regulatory Evaluation
This proposed 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 6(a)(3) of that Order. The Office of Management and Budget has
not reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation, under the regulatory
policies and procedures of DHS, is unnecessary.
This conclusion is based on the fact that vessel traffic will still
be able to transit through the Route 82 Bridge under a fixed opening
schedule that is expected to meet the reasonable needs of navigation.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this proposed 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 of less than
50,000.
The Coast Guard certifies under section 5 U.S.C. 605(b), that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
This conclusion is based on the fact that vessel traffic will still
be able to transit through the Route 82 Bridge under a fixed opening
schedule that is expected to meet the reasonable needs of navigation.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 us in writing at, Commander
(obr), First Coast Guard District, Bridge Branch, 408 Atlantic Avenue,
Boston, MA. 02110-3350. The telephone number is (617) 223-8364. 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 proposed rule would call 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 proposed 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 proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under E.O. 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed 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 proposed 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 would 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 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
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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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed 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
environment documentation because it has been determined that the
promulgation of operating regulations or procedures for drawbridges are
categorically excluded.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons set out in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
1. The authority citation for part 117 continues to read as
follows:
Authority: 33 U.S.C. 499; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
2. From December 1, 2004 through March 31, 2006, Sec. 117.205 is
temporarily amended by suspending paragraph (c) and adding a new
paragraph (d) to read as follows:
Sec. 117.205 Connecticut River
* * * * *
(d) The draw of the Route 82 Bridge, mile 16.8, at East Haddam
shall operate as follows:
(1) From November 1 through July 6 the draw shall open on signal at
5:30 a.m., 1:30 p.m., and 8 p.m., daily.
(2) From July 7 through October 31, Monday through Thursday, the
draw shall open on signal at 5:30 a.m., 1:30 p.m., and 8 p.m. On Friday
the draw shall open on signal at 5:30 a.m., 1:30 p.m., 8 p.m., and
11:30 p.m. On Saturday and Sunday the draw shall open on signal at 5:30
a.m., 8:30 a.m., 1:30 p.m., 4 p.m., 8 p.m., and 11:30 p.m.
(3) The draw need not open for the passage of vessel traffic on the
following dates: March 21, 2005 through March 28, 2005; October 18, 19
and 20, 2005; and December 14, 2005.
(4) At all times, other than the dates identified in paragraph
(d)(3) of this section, the draw shall open on signal for commercial
vessels provided at least a two-hour advance notice is given.
Dated: October 6, 2004.
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 04-23372 Filed 10-18-04; 8:45 am]
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