[Federal Register: April 19, 2005 (Volume 70, Number 74)]
[Proposed Rules]
[Page 20322-20324]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ap05-15]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD01-05-028]
RIN 1625-AA09
Drawbridge Operation Regulations; Housatonic River, CT
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to temporarily change the drawbridge
operating regulations governing the operation of the U.S. 1 Bridge,
mile 3.5, across the Housatonic River at Stratford, Connecticut. Under
this temporary rule only one of the two-bascule leafs at the bridge
would open for the passage of vessel traffic from June 18, 2005 through
December 30, 2005, except holidays. Two-leaf, full bridge openings,
would be provided upon a three-day advance notice. This temporary
rulemaking is necessary to facilitate rehabilitation repairs at the
bridge.
DATES: Comments and related material must reach the Coast Guard on or
before May 19, 2005.
ADDRESSES: You may mail comments and related material to Commander
(obr), First Coast Guard District Bridge Branch, 408 Atlantic Avenue,
Boston, Massachusetts, 02110, or deliver them to the same address
between 6:30 a.m. and 3 p.m., Monday through Friday, except, Federal
holidays. The telephone number is (617) 223-8364. 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: Judy Leung-Yee, Project Officer, First
Coast Guard District, (212) 668-7195.
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 (CGD01-05-
028), 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.
If, as we anticipate we make this temporary final rule effective
less than 30 days after publication in the Federal Register, we will
explain in that publication, as required by 5 U.S.C. (d)(3), our good
cause for doing so.
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
The U.S. 1 Bridge has a vertical clearance in the closed position
of 32 feet at mean high water and 37 feet at mean low water. The
existing drawbridge operation regulations are listed at 33 CFR
117.207(a).
The owner of the bridge, the Connecticut Department of
Transportation, requested a temporary change to the drawbridge
operation regulations to facilitate rehabilitation maintenance at the
bridge.
Under this temporary rule only one of the two-bascule leafs at the
U.S. 1 Bridge would open for the passage of vessel traffic from June
18, 2005 through December 30, 2005.
The Monday through Friday closures to facilitate vehicular commuter
traffic in the existing operation regulations, 7 a.m. to 9 a.m. and 4
p.m. to 5:45 p.m., would continue to be in effect during this temporary
rule.
Two-leaf openings would be provided on the following holidays: the
Fourth of July, Friday July 1 through Monday July 4; Labor Day, Friday
September 2 through Monday September 5; Thanksgiving, Thursday November
24 through Sunday November 27; and Christmas, Saturday December 24
through Monday December 26, 2005.
In addition, full two leaf bridge opening would also be provided at
any time, except during the closed periods for vehicular commuter
traffic, after at least a three-day advance notice is given
[[Page 20323]]
by calling the number posted at the bridge.
Discussion of Proposal
This proposed change would suspend paragraph (a) in Sec. 117.207
and temporarily add a new paragraph (c).
Under this temporary rule only one of the two-bascule leafs at the
bridge would open for the passage of vessel traffic from April 1, 2005
through May 27, 2005.
Two leaf openings would be provided on holidays or at any time,
except during the closed periods for vehicular commuter traffic, after
at least a three-day advance notice is given by calling the number
posted at the bridge.
The closed periods for vehicular commuter traffic in the existing
operation regulations, 7 a.m. to 9 a.m. and 4 p.m. to 5:45 p.m., Monday
through Friday, would also continue to be in effect during the
effective period of this temporary rule.
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 bridge will fully
open at anytime after a three-day notice is given.
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 bridge will fully
open at anytime after a three-day advance notice is given.
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.
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. 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.
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 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
[[Page 20324]]
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; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
2. From June 18, 2005 through December 30, 2005, paragraph (a) in
section 117.207 is suspended and a new paragraph (c) is added to read
as follows:
Sec. 117.207 Housatonic River
* * * * *
(c) From June 18, 2005 through December 30, 2005, the U.S. 1
Bridge, mile 3.5, at Stratford, shall open on signal, except that, it
may open only one of the two-bascule leafs for the passage of vessel
traffic.
(1) From 7 a.m. to 9 a.m. and 4 p.m. to 5:45 p.m., Monday through
Friday, the bridge may remain closed for the passage of vessel traffic.
(2) Two-leaf, full bridge openings, shall be provided on holidays
as follows: the Fourth of July, Friday July 1 through Monday July 4;
Labor Day, Friday September 2 through Monday September 5; Thanksgiving,
Thursday November 24 through Sunday November 27; and Christmas,
Saturday December 24 through Monday December 26, 2005.
(3) Two-leaf, full bridge openings, shall be provided at any time,
except as provided in (c)(1), after at least a three-day advance notice
is given by calling the number posted at the bridge.
Dated: April 11, 2005.
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 05-7906 Filed 4-15-05; 12:37 pm]
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