[Federal Register: November 16, 2006 (Volume 71, Number 221)]
[Rules and Regulations]
[Page 66673-66675]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16no06-11]
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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: Temporary final rule.
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SUMMARY: The Coast Guard has temporarily changed the drawbridge
operation regulations that govern the Amtrak Bridge across the Thames
River, mile 0.8, at New London, Connecticut. This temporary final rule
allows the bridge owner to open the bridge on a temporary opening
schedule from November 15, 2006 through May 15, 2007. This temporary
final rule is necessary to facilitate bridge pier repairs.
DATES: This rule is effective from November 15, 2006 through May 15,
2007.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket (CGD01-06-122) and are available for inspection or
copying at the First Coast Guard District, Bridge Branch Office, one
South Street, New York, New York, between 7 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
[[Page 66674]]
FOR FURTHER INFORMATION CONTACT: Ms. Judy Leung-Yee, Project Officer,
First Coast Guard District, (212) 668-7195.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On October 19, 2006, we published a notice of proposed rulemaking
(NPRM) entitled ``Drawbridge Operation Regulations''; Thames River,
Connecticut, in the Federal Register (71 FR 61698). 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(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.
The owner of the bridge, National Railroad Passenger Corporation
(Amtrak), requested a temporary final rule to facilitate unscheduled
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, 20006
through May 15, 2007, to facilitate the completion of the bridge
repairs.
The Coast Guard published a notice of proposed rulemaking (71 FR
61698) on October 19, 2006. No comments were received in response to
the NPRM.
The Coast Guard believes making this temporary final rule effective
in less than 30-days after publication in the Federal Register is
reasonable because the bridge repairs facilitated by this temporary
rule are vital and necessary repairs that must be performed with all
due speed in order to assure the continued safe and reliable operation
of the bridge.
Background and Purpose
The Amtrak Bridge, at mile 0.8, across the Thames River 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, National Railroad Passenger Corporation
(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.
Under this temporary final rule, 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, Navy escort vessels, and commercial 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 temporary final 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.
Discussion of Comments and Changes
The Coast Guard received no comments in response to the notice of
proposed rulemaking and as a result, no changes have been made to this
temporary final rule.
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.
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 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 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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 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). 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 rule calls for no new collection of information under the
Paperwork
[[Page 66675]]
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 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 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 affect 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 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this 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 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 considering that it relates to the promulgation of
operating regulations or procedures for drawbridges. Under figure 2-1,
paragraph (32)(e), of the instruction, an ``Environmental Analysis
Check List'' and a ``Categorical Exclusion Determination'' are not
required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
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; 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.
0
2. From November 15, 2006 through May 15, 2007, 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:
(i) 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.
(ii) 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.
(iii) 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 commercial vessels. At
all other times the draw need not open for the passage of vessel
traffic.
Dated: November 12, 2006.
Timothy S. Sullivan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 06-9244 Filed 11-14-06; 12:50 pm]
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