[Federal Register Volume 67, Number 175 (Tuesday, September 10, 2002)]
[Proposed Rules]
[Pages 57355-57357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22947]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-02-100]
RIN 2115-AE47


Drawbridge Operation Regulations; Connecticut River, CT

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to temporarily change the drawbridge 
operating regulations governing the operation of the Route 82 Bridge, 
at mile 16.8, across the Connecticut River at East Haddam, Connecticut. 
This temporary rule will allow the bridge to operate on a fixed opening 
schedule for recreational vessels and a notice schedule for commercial 
vessels, from 6 a.m. on October 15, 2002 through 6 p.m. on April 30, 
2004. This action is necessary to facilitate major rehabilitation of 
the bridge.

DATES: Comments must reach the Coast Guard on or before October 10, 
2002.

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: Joseph Schmied, Project Officer, First 
Coast Guard District, (212) 668-7165.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard has determined that good cause exists under the 
Administrative Procedure Act (5 U.S.C. 553) for a shortened comment 
period of thirty days instead of a sixty-day comment period and for 
making this rule effective in less than thirty days after publication 
in the Federal Register.
    The Coast Guard believes that any delay encountered in this 
regulation's effective date would be unnecessary and contrary to the 
public interest because the repairs scheduled to be performed under 
this temporary rule were originally scheduled to be performed in 2001, 
but were cancelled due to a funding shortage. Subsequent to that, the 
bridge has continued to deteriorate, making it necessary to perform 
these repairs to the bridge with all due speed to ensure the safe, 
reliable, and continued operation of the bridge.
    The Coast Guard and the bridge owner coordinated this temporary 
operating schedule with the mariners that normally transit this bridge. 
No objections were received. A similar operating schedule was 
established several years ago to facilitate bridge repairs at the Route 
82 Bridge with satisfactory results.
    The Coast Guard believes the shortened comment period is reasonable 
as a result of all the above stated reasons.

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 (CGD01-02-
100), 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 are listed at 33 CFR 
117.205(c), and 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 
shall open for recreational vessels on the hour and half hour only and 
for commercial vessels on signal.
    The Route 82 Bridge was scheduled for major repairs in the summer 
of 2001, but due to a funding short fall the work was delayed. 
Subsequent to that, the bridge has continued to deteriorate. Funding 
has now been made available and the necessary repairs should be 
performed with due speed to ensure safe, reliable, and continued 
operation of the bridge.
    The bridge owner, Connecticut Department of Transportation, has 
requested a temporary rule to allow the bridge to open for recreational 
and commercial vessels at specific times; however, commercial vessels 
may obtain unscheduled openings at any time provided they give a 
twenty-four hour notice with a two-hour confirmation to the bridge 
tender.
    The bridge owner has also requested one seven day bridge closure, 
two eight-hour closures and one twenty-four hour bridge closure 
required to facilitate the bridge repairs. The exact dates for the 
above closures are not known at this time and will be determined as 
construction progresses. The Coast Guard plans to publish additional 
rulemaking once the exact times and dates of the above closures are 
known.

Discussion of Proposed Rule

    The proposed operating schedule that would be in effect at the 
Route 82 Bridge from 6 a.m. on October 15, 2002 through 6 p.m. on April 
30, 2004, is as follows:
    From November 1 through July 6, the draw would 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 would open on signal 
Monday through Thursday at 6:30 a.m., 1:30 p.m., and 8 p.m., with one 
additional opening on Friday at 11:30 p.m.; three additional openings 
on Saturday at 9:30 a.m., 4 p.m., and 11:30 p.m.; and two

[[Page 57356]]

additional openings on Sunday at 9:30 a.m. and 4 p.m.
    The draw shall open on signal at any time for commercial vessels 
provided a twenty-four hour notice with a two-hour confirmation is 
given.
    The Coast Guard and the bridge owner have successfully coordinated 
the above temporary operating schedule with the mariners. The Coast 
Guard believes this temporary rule is reasonable as a result of the 
above information.

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 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 vessels that require the bridge to 
open will not be prevented from transiting the bridge but will simply 
be required to plan their transits according to the temporary operating 
schedule. Vessels that can pass under the bridge without a bridge 
opening may do so at all times.

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 vessels that require bridge openings will not be prevented 
from transiting the bridge but will simply be required to plan their 
transits according to the temporary operating schedule. Vessels that 
can pass under the bridge without a bridge opening may do so 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

    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.
    To help the Coast Guard establish regular and meaningful 
consultation and collaboration with Indian and Alaskan Native tribes, 
we published a notice in the Federal Register (66 FR 36361, July 11, 
2001) requesting comments on how to best carry out the Order. We invite 
your comments on how this proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

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. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We considered the environmental impact of this proposed rule and 
concluded that, under figure 2-1, paragraph (32)(e), of Commandant 
Instruction M16475.1d, 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 written ``Categorical Exclusion Determination'' 
is not required for this rule.

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:

[[Page 57357]]

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. L. 102-587, 106 
Stat. 5039.

    2. From October 15, 2002, through April 30, 2004, 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, 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 6:30 a.m., 1:30 p.m., and 8 p.m., with one 
additional opening on Friday at 11:30 p.m., three additional openings 
on Saturday at 9:30 a.m., 4 p.m., and 11:30 p.m., and two additional 
openings on Sunday at 9:30 a.m., and 4 p.m.
    (3) The draw shall open on signal for commercial vessels at all 
times provided a twenty-four hour advance notice with a two-hour 
confirmation is given.

    Dated: August 29, 2002.
J.L. Grenier,
Captain, Coast Guard, Acting Commander, First Coast Guard District.
[FR Doc. 02-22947 Filed 9-9-02; 8:45 am]
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