[Federal Register: December 10, 2004 (Volume 69, Number 237)]
[Rules and Regulations]
[Page 71704-71706]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10de04-8]
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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: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary final rule
governing the operation of the Route 82 Bridge, at mile 16.8, across
the Connecticut River at East Haddam, Connecticut. This temporary final
rule allows the bridge to operate on a fixed opening schedule and also
authorizes several bridge closures from December 1, 2004, through March
31, 2006. The purpose of this temporary final rule is to facilitate the
rehabilitation construction at the Route 82 Bridge.
DATES: This temporary final rule is effective from December 1, 2004,
through March 31, 2006.
ADDRESSES: Material received from the public, as well as documents
indicated in this preamble as being available in the docket, are part
of docket (CGD01-04-106) and are available for inspection or copying at
the First Coast Guard District, Bridge Branch Office, 408 Atlantic
Avenue, Boston, Massachusetts, 02110, 6:30 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
On October 19, 2004, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulations; Connecticut River,
Connecticut, in the Federal Register (69 FR 61455). We received no
comments in response to the notice of proposed rulemaking. No public
hearing was requested and none was held.
Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register.
The bridge rehabilitation construction has already been delayed
over a year due to funding issues and as a result of those delays the
rehabilitation repairs at the bridge need to be performed as soon as
possible.
Any delay encountered in this regulation's effective date would be
unnecessary and contrary to the public interest because the
rehabilitation construction is necessary in order to assure continued
safe reliable operation of the bridge.
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 a project funding shortfall 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,
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 bridge closures that
will restrict both recreational and commercial vessel traffic. The
requested dates include: One seven day bridge closure from March 21,
2005 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 possibly may
change due to unforeseen issues. Should the above
[[Page 71705]]
dates and times change, the Coast Guard will revise this temporary rule
and publish the exact times and dates in the Local Notice to Mariners
at least thirty-days in advance of the anticipated occurrence of each
closure to assist mariners in their planning.
Under this final rule, in effect from December 1, 2004 through
March 31, 2006, the Route 82 Bridge will operate as follows:
From November 1 through July 6, the draw will 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 will open on signal Monday
through Friday at 5:30 a.m., 1:30 p.m., and 8 p.m. On Friday the draw
will 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 will open at 5:30 a.m., 8:30 a.m., 1:30
p.m., 4 p.m., 8 p.m., and 11:30 p.m.
At all times, other than during the closed periods identified
above, the draw will open on signal for Commercial vessels provided at
least a two-hour advance notice is given.
Discussion of Comments and Changes
We received no comments in response to the notice of proposed
rulemaking. No changes have been made to this temporary final rule as a
result.
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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
This conclusion is based on the fact vessel traffic will still be
able to transit through the Route 82 Bridge under a fixed time 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 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 vessel traffic will still
be able to transit through the Route 82 Bridge under a fixed time
schedule that is expected to meet the reasonable needs of navigation.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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 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).
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 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 effect 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
[[Page 71706]]
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 final 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. It has been determined that this final
rule does not significantly impact the environment.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
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; 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.
0
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: November 29, 2004.
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 04-27101 Filed 12-9-04; 8:45 am]
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