[Federal Register Volume 69, Number 201 (Tuesday, October 19, 2004)]
[Proposed Rules]
[Pages 61455-61457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23372]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 69, No. 201 / Tuesday, October 19, 2004 / 
Proposed Rules

[[Page 61455]]



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: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is proposing to temporarily change the 
drawbridge operation regulations for the operation of the Route 82 
Bridge, at mile 16.8, across the Connecticut River at East Haddam, 
Connecticut. This proposed rule would allow the bridge to operate on 
fixed opening schedule and permit several bridge closures from December 
1, 2004 through March 31, 2006, to facilitate rehabilitation 
construction at the bridge. This work was previously scheduled last 
year to be in effect from November 1, 2002 through October 31, 2003. 
This work was postponed for over one year due to project funding 
issues. This action is necessary to facilitate major rehabilitation of 
the bridge.

DATES: Comments must reach the Coast Guard on or before November 18, 
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: Ms. Judy Leung-Yee, Project Officer, 
First Coast Guard District, (212) 668-7195.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    The Coast Guard finds that good reason exists for publishing an 
NPRM with a shortened comment period of 30 days. The shortened comment 
period will allow time to publish a final rule that will comply with 
notice requirements under 5 U.S.C. (d)(3) in time for work beginning on 
December 1, 2004, for bridge rehabilitation work.
    The Coast Guard also believes this shortened comment period is 
reasonable because a notice of proposed rulemaking was previously 
published on September 10, 2002, for this same project with a similar 
opening schedule and no comments were received in response to that 
proposed rule.

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 (CGD01-04-
106), 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 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 project funding shortfalls 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, has 
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 closures which would 
restrict both recreational and commercial traffic. The requested dates 
include: one seven day bridge closure from March 21 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 may change 
slightly due to unforeseen issues. The Coast Guard will publish the 
exact times and dates in the Local Notice to Mariners at least thirty 
days in advance of the anticipated occurrence to assist mariners in 
their planning should the above dates and times change.
    Under this proposed rule, in effect from December 1, 2004 through 
March 31, 2006, the Route 82 Bridge would operate as follows:
    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.
    From July 7 through October 31, the draw shall open on signal 
Monday through Thursday 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.

[[Page 61456]]

    At all times, other than during the closure periods identified 
above, the draw shall open on signal for commercial vessels provided at 
least a two-hour advance notice is given.

Discussion of Proposed Rule

    This proposed change would amend 33 CFR Sec.  117.205 by suspending 
paragraph (c) and adding a new temporary paragraph (d) that would list 
the temporary fixed bridge opening schedule for the Route 82 Bridge.
    Additionally, the bridge owner has also requested closures which 
would restrict both recreational and commercial traffic. The requested 
dates include: one 7-day bridge closure from March 21 through March 28, 
2005; three 8-hour closures on October 18, 19 and 20, 2005; and one 24-
hour closure on December 14, 2005.
    At all other times other than during the specified closure periods, 
the draw would open on signal at any time for commercial vessels 
provided at least a two-hour advance notice is given.

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 vessel traffic will still 
be able to transit through the Route 82 Bridge under a fixed opening 
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 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 vessel traffic will still 
be able to transit through the Route 82 Bridge under a fixed opening 
schedule that is expected to meet the reasonable needs of navigation.
    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 
Fairness Act of 1996 (Public Law 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 
(obr), First Coast Guard District, Bridge Branch, 408 Atlantic Avenue, 
Boston, MA. 02110-3350. The telephone number is (617) 223-8364. 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 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. 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

[[Page 61457]]

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 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. 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: October 6, 2004.
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 04-23372 Filed 10-18-04; 8:45 am]
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