[Federal Register Volume 67, Number 212 (Friday, November 1, 2002)]
[Rules and Regulations]
[Pages 66553-66554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27850]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary final rule 
governing the operation of the Route 82 Bridge, at mile 16.8, across 
the Connecticut River at East Haddam, Connecticut. This temporary final 
rule allows the bridge to operate on fixed opening schedule from 
November 1, 2002 through October 31, 2003. This action is necessary to 
facilitate major rehabilitation of the bridge.

DATES: This temporary final rule is effective from November 1, 2002 
through October 31, 2003.

ADDRESSES: Material received from the public, as well as documents 
indicated in this preamble as being available in the docket, are part 
of docket (CGD01-02-100) and are available for inspection or copying at 
the First Coast Guard District, Bridge Branch Office, 408 Atlantic 
Avenue, Boston, Massachusetts 02110, 6:30 a.m. to 3 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Joseph Schmied, Project Officer, 
First Coast Guard District, (212) 668-7165.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On September 10, 2002, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations; Connecticut River, 
Connecticut, in the Federal Register (67 FR 57355). We received no 
comments in response to the notice of proposed rulemaking. No public 
hearing was requested and none was held.
    Pursuant to 5 U.S.C. 553(d)(3), the Coast Guard finds that good 
cause exists for making this final rule effective in less than 30 days 
after publication in the Federal Register. Any delay encountered in 
this regulation's effective date would be unnecessary and contrary to 
the public interest because the rehabilitation construction is 
necessary in order to assure continued reliable operation of the 
bridge.

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, but due to a funding shortfall 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 assure safe reliable continued operation of 
the bridge.
    The bridge owner, Connecticut Department of Transportation, has 
requested a temporary final 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. The Coast Guard plans to 
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.
    The operating schedule that would be in effect at the Route 82 
Bridge from November 1, 2002 through October 31, 2003, is 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 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., two 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 to the drawtender at the bridge.
    The Coast Guard and the bridge owner have successfully coordinated 
the above temporary operating schedule with the mariners. The Coast 
Guard believes this temporary final rule is reasonable as a result of 
the above information.

Discussion of Comments and Changes

    We received no comments in response to the notice of proposed 
rulemaking.
    The effective dates of this temporary final rule have been changed 
to be effective from November 1, 2002 through October 31, 2003. The 
notice of proposed rulemaking listed the effective dates as October 15, 
2002 through April 30, 2004.
    We changed the effective dates of this temporary final rule because 
the new dates depict the actual time period that the operating schedule 
of the bridge will be changed.

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. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Transportation 
(DOT) (44 FR 11040; February 26, 1979).
    This conclusion is based on the fact that vessel traffic will not 
be prevented from transiting the bridge as a result of this temporary 
final rule.

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 vessel traffic will not 
be prevented

[[Page 66554]]

from transiting the bridge as a result of this temporary final rule.

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).

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

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons set out in the preamble, the Coast Guard amends 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. L. 102-587, 106 
Stat. 5039.


    2. From November 1, 2002 through October 31, 2003, 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: October 24, 2002.
V.S. Crea,
Rear Admiral, Coast Guard, Commander, First Coast Guard District.
[FR Doc. 02-27850 Filed 10-31-02; 8:45 am]
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