[Federal Register Volume 80, Number 1 (Friday, January 2, 2015)]
[Rules and Regulations]
[Pages 2-5]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30779]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-0983]
RIN 1625-AA09


Drawbridge Operation Regulation; Thames River, New London, CT

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the operating schedule that 
governs the Amtrak Bridge across the Thames River at mile 3.0, at New 
London, Connecticut. The bridge owner, National Passenger Railroad 
Corporation (Amtrak), submitted a request to allow the Amtrak Bridge to 
open to 75 feet above mean high water instead of the full bridge 
opening at 135.3 feet above mean high water, unless a full bridge 
opening is requested. It is expected that this change to the 
regulations will create more efficiency in drawbridge operations while 
continuing to meet the reasonable needs of navigation.

DATES: This rule is effective February 2, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0983. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type in the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Ms. Judy Leung-Yee, Project Officer, First Coast Guard 
District Bridge Branch, 212-514-4330, <a href="/cdn-cgi/l/email-protection#a0cad5c4d58ecb8eccc5d5cec78dd9c5c5e0d5d3c3c78ecdc9cc"><span class="__cf_email__" data-cfemail="d5bfa0b1a0fbbefbb9b0a0bbb2f8acb0b095a0a6b6b2fbb8bcb9">[email protected]</span></a>. If you 
have questions on viewing the docket, call Cheryl Collins, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

A. Regulatory History and Information

    On September 11, 2014, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulation; Thames River, New 
London, CT'' in the Federal Register (79 FR 54244). We received two 
comments regarding the proposed rule. No public meeting was requested, 
and none was held.

B. Basis and Purpose

    The Amtrak Bridge across the Thames River, mile 3.0, at New London, 
Connecticut, has a vertical clearance in the closed position of 29.4 
feet at mean high water and 31.8 feet at mean low water. The drawbridge 
operation regulations are listed at 33 CFR 117.224. The waterway users 
are both recreational and commercial vessels.
    The owner of the bridge, National Passenger Railroad Corporation 
(Amtrak), requested an exception to the

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requirement to fully open the bridge to its full 135.3 foot height 
above mean high water when not required for a vessel to pass under 
safely. Amtrak submitted the request to the Coast Guard to change the 
drawbridge operation regulations to allow the Amtrak Bridge to open to 
75 feet above mean high water for smaller vessels which comprise the 
majority of the requested openings. The Amtrak Bridge will perform a 
full bridge opening of 135.3 feet above mean high water when requested 
to do so.
    The existing regulations require the bridge to open immediately on 
signal for public vessels of the United States and commercial vessels; 
except that, when a train scheduled to cross the bridge without 
stopping has passed the Midway, Groton, or New London stations and is 
in motion toward the bridge, the bridge must not be opened for the 
passage of any vessel until the train has crossed the bridge. The 
bridge shall open as soon as practicable for all other vessels but no 
later than 20 minutes after the signal to open is given.
    We analyzed the bridge opening data for the Amtrak Railroad Bridge 
during calendar year 2013, comparing the number of bridge openings to 
135.3 feet and the number of bridge openings to 75 feet for each month 
of the year.
    The bridge opening breakdown for 2013 is as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                    Openings to   Openings to 75
                              Month                               Total openings     135 feet          feet
----------------------------------------------------------------------------------------------------------------
January.........................................................              98              17              81
February........................................................              58               8              50
March...........................................................              62               2              60
April...........................................................              83              12              71
May.............................................................             220              40             180
June............................................................             255              38             217
July............................................................             257              42             215
August..........................................................             243              34             209
September.......................................................             227              26             201
October.........................................................             216              25             191
November........................................................              84               8              76
December........................................................              97               6              91
                                                                 -----------------------------------------------
    Totals......................................................           1,900             258           1,642
----------------------------------------------------------------------------------------------------------------

    Out of the total 1900 bridge openings, only 13.57% were to the 
135.3 foot elevation and the remaining 86.43% were to the 75 foot 
elevation.
    As a result, the Coast Guard believes that allowing the Amtrak 
Railroad Bridge to open to 75 feet, except when a request to open to 
135.3 feet is received, is reasonable based on the low number of 
requests to open to 135 feet and to match actual operations.
    The Coast Guard will also alter the navigation lighting 
requirements to better meet the needs of navigation at this drawbridge 
as a result of this final rule.
    In accordance with 33 CFR 118.85, the center of the navigational 
channel under the operable span will be marked by a range of two green 
lights when the vertical span is open to navigation.
    The Coast Guard will allow one solid green light and one flashing 
green light when the bridge is at the 75 foot mark and two solid green 
lights when the bridge is fully opened to 135.3 feet.
    We believe this final rule will continue to meet the reasonable 
needs of navigation while also improving drawbridge efficiency of 
operation.
    Under this final rule, the draw will open on signal to 75 feet 
above mean high water, except when a full opening to 135.3 feet above 
mean high water is requested. The bridge tender is aware of the 
vertical clearance from the low steel chord of the bridge to the water 
level by a sensor displaying distance on the Operator Control Panel 
housed in the Drawbridge Control Room at the bridge. A selector switch 
is placed in the 75 foot position or full lift (135.3 feet) position by 
the bridge tender prior to operations depending on the vessel 
requirements.''

Discussion of Comments, Changes and the Final Rule

    The Coast Guard received two comments in response to the notice of 
proposed rulemaking. One of the two comment letters was submitted in 
error for another bridge located in Florida. The second comment letter 
questioned if the regulation change was considered not a ``significant 
energy action'' because it saves time or saves energy by opening to 75 
feet instead of 135.3 feet. Executive Order 13211 defines ``significant 
energy action.'' One prong of the definition is that the regulatory 
action needs to be significant per Executive Order 12866. This 
regulation does not meet the threshold for a significant regulatory 
action and therefore cannot be considered a ``significant energy 
action.'' While the change in opening levels will save both time and 
energy, the analysis for a ``significant energy action'' is based on 
definition in E.O. 13211.
    The single comment letter pertinent to the Amtrak Bridge was not an 
objection or in favor of the rule change, as a result, no changes have 
been made to this final rule.

C. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. We believe that this 
rule is not a significant regulatory action because the Amtrak Bridge 
will continue to open fully for any vessel upon request.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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.

[[Page 4]]

The Coast Guard received no comments from the Small Business 
Administration on this rule. 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 rule will have no effect on small entities for the following 
reason: The Amtrak Bridge will open fully for all vessel traffic at all 
times upon request.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. 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 the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 (adjusted for 
inflation) 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. 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.

10. 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 would not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerns Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 this action is one of a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment. This rule simply promulgates the operating regulations or 
procedures for drawbridges. This rule is categorically excluded, under 
figure 2-1, paragraph (32)(e), of the Commandant Instruction.
    Under figure 2-1, paragraph (32)(e), of the Commandant Instruction, 
an environmental analysis checklist and a categorical exclusion 
determination are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed 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; Department of Homeland 
Security Delegation No. 0170.1.

0
2. Revise Sec.  117.224 to read as follows:


[[Page 5]]




Sec.  117.224  Thames River.

    The draw of the Amtrak Bridge, mile 3.0, at New London, shall 
operate as follows:

    (a) The draw shall open on signal to 75 feet above mean high water 
for all vessel traffic unless a full bridge opening to 135.3 feet above 
mean high water is requested.

    (b) The 75 foot opening will be signified by a range light display 
with one solid green light and one flashing green light and the full 
135.3 foot opening will be signified with two solid green range lights.

    (c) The draw shall open on signal for public vessels of the United 
States and commercial vessels; except that, when a train scheduled to 
cross the bridge without stopping has passed the Midway, Groton, or New 
London stations and is in motion toward the bridge, the lift span shall 
not be opened until the train has crossed the bridge.

    (d) The draw shall open on signal as soon as practicable for all 
other vessel traffic but no later than 20 minutes after the signal to 
open is given.

    Dated: December 8, 2014.
L.L. Fagan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.

[FR Doc. 2014-30779 Filed 12-31-14; 8:45 am]
BILLING CODE 9110-04-P


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