[Federal Register: October 19, 2006 (Volume 71, Number 202)]
[Proposed Rules]
[Page 61698-61701]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19oc06-21]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD01-06-122]
RIN 1625-AA09
Drawbridge Operation Regulations; Thames River, New London, 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 Amtrak Bridge
across the Thames River, mile 0.8, at New London, Connecticut. This
notice of proposed rulemaking (NPRM) would allow the bridge owner to
open the bridge on a temporary opening schedule from November 15, 2006
through May 15, 2007. This proposed rule is necessary to facilitate
bridge pier repairs.
DATES: Comments must reach the Coast Guard on or before November 1,
2006.
ADDRESSES: You may mail comments to Commander (dpb), 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
Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause
exists for publishing an NPRM with a shortened comment period of 15
days, and under 5 U.S.C. 553(d)(3), the Coast Guard finds that good
cause exists for making this rule effective less than 30 days after
publication in the Federal Register. Due to the urgency of the repairs,
it is essential that this rule becomes effective on November 15, 2006.
[[Page 61699]]
The owner of the bridge, National Railroad Passenger Corporation
(Amtrak), requested a temporary final rule to facilitate un-scheduled
structural bridge repairs.
On June 29, 2006, the bridge owner discovered that one of the main
bridge piers had shifted as a result of pile driving for the new
adjacent Amtrak Bridge. In order to perform corrective repairs,
minimize structural impingement, and continue to provide for rail
traffic, the bridge must remain in the closed position, except during
specific time periods during which the bridge will remain in the full
open position for the passage of vessel traffic.
The Coast Guard published a temporary deviation in the Federal
Register on July 24, 2006 [71 FR 41730], to allow immediate repairs to
the bridge to commence.
On September 6, 2006, Amtrak contacted the Coast Guard and
requested a temporary regulation effective from November 15, 2006
through May 15, 2007, to facilitate the completion of the bridge
repairs.
The Coast Guard believes this shortened comment period and
effective date is reasonable because the bridge repairs facilitated by
this temporary rule are vital and necessary, thus, they must be
performed with all due speed in order to assure the continued safe and
reliable operation of the bridge.
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 (CGD01-06-
122), 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 Amtrak Bridge across the Thames River, mile 3.0, at New London,
Connecticut, has a vertical clearance of 30 feet at mean high water and
33 feet at mean low water in the closed position. The existing
operating regulations are listed at 33 CFR 117.224.
The owner of the bridge, Amtrak, requested a temporary change to
the drawbridge operation regulations to facilitate repairs to one of
the main bridge piers.
On June 29, 2006, the bridge owner discovered that one of the main
bridge piers had shifted as a result of pile driving for the new
adjacent Amtrak Bridge.
In order to perform corrective repairs, minimize structural
impingement, and continue to provide for rail traffic, the bridge must
remain in the closed position except during specific time periods
during which the bridge will remain in the full open position for the
passage of vessel traffic.
Discussion of Proposed Rule
This proposed change would allow the Amtrak Bridge to operate on
temporary schedule from November 15, 2006 through May 15, 2007, to
facilitate the completion of repairs to one of the main bridge piers
damaged by nearby pile driving.
Under this notice of proposed rulemaking, from November 15, 2006
through May 15, 2007, the Amtrak Bridge across the Thames River, mile
3.0, at New London, Connecticut, shall remain in the full open position
for the passage of vessel traffic as follows:
Monday through Friday: 5 a.m. to 5:40 a.m.; 11:20 a.m. to 11:55
a.m.; 3:35 p.m. to 4:15 p.m.; and 8:30 p.m. to 8:55 p.m.
Saturday: 8:30 a.m. to 9:10 a.m.; 12:35 p.m. to 1:05 p.m.; 3:40
p.m. to 4:10 p.m.; 5:35 p.m. to 6:05 p.m.; and 7:35 p.m. to 8:40 p.m.
Sunday: 8:30 a.m. to 9:20 a.m.; 11:35 a.m. to 12:15 p.m.; 1:30 p.m.
to 1:55 p.m.; 6:30 p.m. to 7:10 p.m.; and 8:30 p.m. to 9:15 p.m.
The bridge shall open on signal at any time for the passage of U.S.
Navy submarines and escort vessels. At all other times the draw shall
remain in the closed position. Vessels that can pass under the draw
without a bridge opening may do so at all times.
The Coast Guard believes this proposed rule is reasonable because
the required repair work is vital and necessary in order to ensure the
safe and continued reliable operation of the bridge.
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.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. This
conclusion is based on the fact that the vessel traffic that normally
transits this bridge should only be minimally affected as they will
still be able to transit the bridge under the temporary opening
schedule.
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 notice of proposed rulemaking would not have a significant
economic impact on a substantial number of small entities for the
following reason: The Thames River is navigated predominantly by
recreational vessels and U.S. Navy vessels.
The temporary opening schedule should not preclude recreational
vessel traffic from transiting the bridge because the recreational
vessels that normally use this waterway will be in winter storage for
most of the time period this rule is in effect and the U.S. Navy
submarines and associated vessels will be provided bridge openings on
demand at any time.
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
[[Page 61700]]
Fairness Act of 1996 (Pub. L. 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
(dpb), First Coast Guard District, Bridge Branch, One South Street, New
York, NY 10004. The telephone number is (212) 668-7165. 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 affect 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 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 and Department of Homeland Security Management Directive
5100.1, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination 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, we believe that this rule should
be categorically excluded, under figure 2-1, paragraph (32)(e), of the
Instruction, from further environment documentation because this action
relates to the promulgation of operating regulations or procedures for
drawbridges. Under figure 2-1, paragraph (32)(e) of the Instruction, an
``Environmental Analysis Checklist'' is not required for this rule.
Comments on this section will be considered before we make the final
decision on whether to categorically exclude this rule from further
environmental review.
List of Subjects in 33 CFR Part 117
Bridges.
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; 33 CFR 1.05-1(g); Department of
Homeland Security Delegation No. 0170.1; section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
2. From November 15, 2006 through May 15, 2006, Sec. 117.224 is
amended by suspending paragraphs (a) and (b) and adding a temporary
paragraph (c) to read as follows:
Sec. 117.224 Thames River.
* * * * *
(c)(1) The draw shall remain in the full open position for the
passage of vessel traffic as follows: Monday through Friday from 5 a.m.
to 5:40 a.m.; 11:20 a.m. to 11:55 a.m.; 3:35 p.m. to 4:15 p.m.; and
8:30 p.m. to 8:55 p.m. Saturday from 8:30 a.m. to 9:10 a.m.; 12:35 p.m.
to 1:05 p.m.; 3:40 p.m. to 4:10 p.m.; 5:35 p.m. to 6:05 p.m.; and 7:35
p.m. to 8:40 p.m. Sunday from 8:30 a.m. to 9:20 a.m.; 11:35 a.m. to
12:15 p.m.; 1:30 p.m. to 1:55 p.m.; 6:30 p.m. to 7:10 p.m.; and 8:30
p.m. to 9:15 p.m.
(2) The draw shall open on signal at all times for the passage of
U.S. Navy submarines, Navy escort vessels and
[[Page 61701]]
commercial vessels. At all other times the draw need not open for the
passage of vessel traffic.
Dated: October 13, 2006.
Timothy S. Sullivan,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 06-8814 Filed 10-17-06; 2:34 pm]
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