[Federal Register Volume 66, Number 5 (Monday, January 8, 2001)]
[Proposed Rules]
[Pages 1281-1283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-435]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-00-228]
RIN 2115-AE47


Drawbridge Operation Regulations; Mianus River, CT

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the drawbridge operating 
regulations for the Metro-North Bridge, at mile 1.0, across the Mianus 
River at Greenwich, Connecticut. This proposed rule would require the 
bridge to open on signal from 9 p.m. to 5 a.m., after an advance notice 
is given. The bridge presently does not open for vessel traffic between 
9 p.m. and 5 a.m., daily. This action is expected to better meet the 
reasonable needs of navigation.

DATES: Comments must reach the Coast Guard on or before March 9, 2001.

ADDRESSES: You may mail comments to Commander (obr), First Coast Guard 
District, Bridge Branch, at 408 Atlantic Avenue, Boston, MA. 02110-
3350, 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 
(617) 223-8364. 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: Mr. John McDonald, Project Officer, 
First Coast Guard District, (617) 223-8364.

SUPPLEMENTARY INFORMATION:

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 (CGD01-00-
228), 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 Metro-North Bridge, mile 1.0, across the Mianus River has a 
vertical clearance of 20 feet at mean high water and 27 feet at mean 
low water in the closed position.
    The existing operating regulations in 33 CFR 117.209 require the 
bridge to open on signal from 5 a.m. to 9 p.m., immediately for 
commercial vessels and as soon as practicable, but no later than 20 
minutes after the signal to open is given, for the passage of all other 
vessel traffic. When a train scheduled to cross the bridge without 
stopping has passed the Greenwich or Riverside stations and is in 
motion toward the bridge, the draw shall open as soon as the train has 
crossed the bridge. From 9 p.m. to 5 a.m., the draw need not be opened 
for the passage of vessels.
    The Coast Guard received a request from a commercial vessel 
operator requesting a change to the operating regulations for the 
Metro-North Bridge. The commercial operator requested that the bridge 
open for vessel traffic during the 9 p.m. to 5 a.m. time period when 
the bridge is normally closed.

[[Page 1282]]

    The Coast Guard published a temporary 90 day deviation from the 
drawbridge operation regulations on April 27, 2000, to provide 
immediate relief to navigation and to obtain comments from the public 
concerning this rule. The deviation was in effect from June 7, 2000, 
through September 4, 2000, during which time, the Metro-North Bridge 
was required to open on signal, from 9 p.m. to 5 a.m., after a four-
hour advance notice was given. No comments were received during the 
comment period which ended on September 30, 2000. A late comment letter 
was received from the commercial mariner that requested the rule 
change. The mariner indicated that his vessel utilized the additional 
opening time provided by the test deviation and made about 40 transits 
after 9 p.m. during the test period. The commercial mariner will be 
adding an additional vessel to his fleet next season which will also 
require bridge openings after 9 p.m., daily.
    The Coast Guard is responsible for the enforcement of the bridge 
laws and regulations which are intended to prevent any interference 
with the navigable waters of the United States whether by bridges, 
dams, dikes or other obstructions to navigation except by express 
permission of the United States.
    The decision as to whether a bridge permit or a drawbridge 
operation regulation will be issued or promulgated is based upon the 
effect of the proposed action on navigation to assure that the action 
provides for the reasonable needs of navigation after full 
consideration of the effect of the proposed action on the human 
environment, including the effect on rail and vehicular traffic.
    The Coast Guard believes that in the case of the Metro-North 
Bridge, that changing the bridge operating regulations to require 
openings between 9 p.m. and 5 a.m. is reasonable because it provides 
for the needs of navigation, as demonstrated by the demand for bridge 
openings during the test deviation, and has no effect on rail traffic 
over the bridge.

Discussion of Proposal

    The Coast Guard proposes to revise the operating regulations in 33 
CFR 117.209(b) for the Metro-North Bridge by requiring the bridge to 
open during the 9 p.m. to 5 a.m. time period.
    The proposed rule would require the draw to open on signal from 
April 1 through October 31, from 9 p.m. to 5 a.m., after at least a 
four-hour advance notice is given and from November 1 through March 30, 
from 9 p.m. to 5 a.m., after at least a twenty-four hours advance 
notice is given.
    The Coast Guard believes this rule will better meet the reasonable 
needs of navigation based upon comments received and successful results 
of the 90-day test deviation.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866 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 Transportation (DOT) (44 FR 11040, Feb. 
26, 1979).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation, under paragraph 10e of the 
regulatory policies and procedures of DOT, is unnecessary. This 
conclusion is based on the fact that bridges are required to meet the 
reasonable needs of navigation at all times and that this bridge will 
only need to be crewed between the hours of 9 p.m. to 5 a.m., when 
there is a definite navigational need.

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 upon the 
fact that the bridge will now be available to open for all vessel 
traffic, both small entities and commercial operators, at all times.
    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.

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

    We have analyzed this proposed rule under Executive Order 13132 and 
have determined that this rule does not have implications for 
federalism under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would not effect 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 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 does not 
concern an environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    We considered the environmental impact of this proposed rule and 
concluded that, under figure 2-1, paragraph (32)(e), of Commandant 
Instruction M16475.1C, this proposed rule is categorically excluded 
from further environmental documentation because promulgation of 
drawbridge regulations have been found not to have a significant effect 
on the environment. A ``Categorical Exclusion Determination'' is 
available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.

[[Page 1283]]

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; 49 CFR 1.46; 33 CFR 1.05-1(g); section 
117.255 also issued under the authority of Pub. Law 102-587, 106 
Stat. 5039.

    2. Section 117.209(b) is revised to read as follows:


Sec. 117.209  Mianus River.

* * * * *
    (b) The draw shall open on signal from April 1 through October 31, 
from 9 p.m. to 5 a.m., after at least a four-hour advance notice is 
given and from November 1 through March 30, from 9 p.m. to 5 a.m., 
after at least a twenty-four-hour advance notice is given by calling 
the number posted at the bridge.

    Dated: December 6, 2000.
G.N. Naccara,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 01-435 Filed 1-5-01; 8:45 am]
BILLING CODE 4910-15-U