[Federal Register: March 1, 2004 (Volume 69, Number 40)]
[Proposed Rules]
[Page 9562-9564]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01mr04-18]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD01-03-115]
RIN 1625-AA09
Drawbridge Operation Regulations; Mystic River, CT
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the drawbridge operating
regulations for the U.S. 1 Bridge, mile 2.8, across the Mystic River at
Mystic, Connecticut. This notice of proposed rulemaking would change
the time the U.S. 1 Bridge must open from May 1 through October 31,
from a quarter past the hour to twenty minutes before the hour and also
removes obsolete language from the regulations. This action is expected
to improve transits through the bridges across the Mystic River at
Mystic, Connecticut.
DATES: Comments must reach the Coast Guard on or before April 30, 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: John W. McDonald, Project Officer,
First Coast Guard District, (617) 223-8364.
SUPPLEMENTARY INFORMATION:
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 (CGD01-03-
115), 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
[[Page 9563]]
and place announced by a later notice in the Federal Register.
Background and Purpose
The U.S. 1 Bridge has a vertical clearance of 4 feet at mean high
water and 7 feet at mean low water in the closed position. The existing
regulations, listed at 33 CFR 117.211(b), require the bridge to open on
signal with a maximum delay of up to twenty minutes; except that: from
May 1 through October 31, from 7:15 a.m. to 7:15 p.m., the draw need
only open once an hour, at quarter past the hour. From November 1
through April 30, from 8 p.m. to 4 a.m., the draw must open on signal
after a six-hour advance notice is given.
The Coast Guard received a complaint in the spring of 2003, from a
mariner stating that the Mystic River U.S. 1 Bridge was not opening as
required by the existing operation regulations at the designated 12:15
p.m. opening period.
The Coast Guard convened a meeting attended by the bridge owner,
Connecticut Department of Transportation, the Mystic Connecticut
Chamber of Commerce, and several commercial marine operators. It was
discovered at that meeting that the bridge owner was not opening the
U.S. 1 Bridge at 12:15 p.m. because they believed that the operation
regulations had been changed in 1992; however, the Coast Guard only
authorized a 90-day test deviation in 1992, to help determine if the
elimination of the 12:15 p.m. opening was a reasonable proposal.
The Mystic Connecticut Chamber of Commerce told the Coast Guard at
the 2003 meeting, that they believed that opening the U.S. 1 Bridge
during the noontime period each day would cause severe vehicular
traffic delays in downtown Mystic.
The Coast Guard decided to conduct another temporary deviation for
90 days to determine if opening the U.S. 1 Bridge during the noontime
period would adversely affect vehicular traffic. That 90-day temporary
deviation, published at (68 FR 41716), was in effect from July 18, 2003
through October 15, 2003.
In Addition, the Mystic Connecticut Chamber of Commerce, Marine
Affairs Committee requested that the U.S. 1 Bridge opening times during
the 2003 temporary test deviation be moved from a quarter past each
hour to twenty minutes before each hour to help marine traffic transit
better through the U.S. 1 Bridge and the downstream railroad bridge
since the downstream railroad bridge is more frequently closed to
marine traffic during the first half of each hour as a result of the
rail traffic schedule.
Shifting the U.S. 1 Bridge opening period to twenty minutes before
each hour instead of at a quarter past each hour was expected to permit
marine traffic to transit through both bridges with fewer delays
resulting from rail traffic.
After the 2003 test deviation concluded we reviewed the vehicular
traffic counts, bridge opening logs, and all the on-scene observations
taken by Coast Guard personnel. We determined, after review of all the
above data, that the noontime bridge openings did not adversely affect
vehicular traffic. However, shifting the U.S. 1 Bridge opening periods
from a quarter past each hour to twenty minutes before each hour did
produce very satisfactory results by permitting marine traffic to
transit through the two bridges with fewer delays. As a result of the
above information the Coast Guard determined that the U.S. 1 Bridge
opening schedule should be changed to require the U.S. 1 Bridge to open
on signal at twenty minutes before each hour, instead of a quarter past
each hour during the summer months.
In addition, this proposed rule would also eliminate the provision
in the existing regulations at Sec. 117.211(b) that permits openings
at the U.S. 1 Bridge to be delayed up to 20 minutes after a request is
given. There is no present justification to delay marine traffic for up
to twenty minutes. Also, the provision in the existing regulations at
33 CFR 117.211(a)(3), that requires the draw to open immediately for
public vessels of the United States, state and local vessels used for
public safety, and vessels in emergency situations, will be eliminated
from the regulations because it is now listed at 33 CFR 117.31, Subpart
(A), General Requirements.
However, the provision that allows commercial vessels to transit
immediately at any time and the provision that allows bridge openings
to be delayed up to eight minutes for the passage of rail traffic,
shall remain in effect.
Discussion of Proposal
This proposed change would change the current operation schedule of
the U.S. 1 Bridge at Mystic, Connecticut. Currently, the U.S. 1 Bridge
is required to open on signal with a maximum delay of twenty minutes,
with the exception of opening at a quarter past the hour from 7:15 a.m.
to 7:15 p.m. from May 1 through October 31. These proposed changes
would require the bridge to open on signal, without delay, with the
exception of opening on signal only twenty minutes before the hour
starting from 7:40 a.m. to 6:40 p.m. from May 1, through October 31.
Additionally, this proposed rule would eliminate portions of the
current text of 33 CFR 117.211(a)(3) since the same requirement is
stated in the regulations at 33 CFR 117.31.
The period from November 1 through April 30, (b)(2), will not be
changed, and will continue to require at least a six-hour advance
notice from 8 p.m. through 4 a.m. for bridge openings during the winter
months.
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 the U.S. 1 Bridge will
continue to open for vessel traffic hourly at twenty minutes before the
hour instead of quarter past each hour.
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 the U.S. 1 Bridge will
continue to open hourly for vessel traffic at twenty minutes before
each hour instead of quarter past each hour.
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
[[Page 9564]]
qualifies and how and to what degree this rule would economically
affect it.
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 proposed 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 proposed 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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
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. In Sec. 117.211, revise paragraphs (a)(3), (b) introductory
text and (b)(1) to read as follows:
Sec. 117.211 Mystic River.
(a) * * *
(3) Commercial vessels shall be passed immediately at any time;
however, the opening may be delayed up to eight minutes to allow
trains, which have entered the drawbridge block and are scheduled to
cross the bridge without stopping, to clear the block.
* * * * *
(b) The draw of the U.S. 1 Bridge, mile 2.8, at Mystic, shall open
on signal except:
(1) From May 1 through October 31, from 7:40 a.m. to 6:40 p.m., the
draw need only open hourly at twenty minutes before the hour.
* * * * *
Dated: February 17, 2004.
John L. Grenier,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 04-4489 Filed 2-27-04; 8:45 am]
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