[Federal Register Volume 71, Number 221 (Thursday, November 16, 2006)]
[Rules and Regulations]
[Pages 66673-66675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-9244]


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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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