[Federal Register Volume 69, Number 40 (Monday, March 1, 2004)]
[Proposed Rules]
[Pages 9562-9564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4489]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD01-03-115]
RIN 1625-AA09


Drawbridge Operation Regulations; Mystic River, CT

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the drawbridge operating 
regulations for the U.S. 1 Bridge, mile 2.8, across the Mystic River at 
Mystic, Connecticut. This notice of proposed rulemaking would change 
the time the U.S. 1 Bridge must open from May 1 through October 31, 
from a quarter past the hour to twenty minutes before the hour and also 
removes obsolete language from the regulations. This action is expected 
to improve transits through the bridges across the Mystic River at 
Mystic, Connecticut.

DATES: Comments must reach the Coast Guard on or before April 30, 2004.

ADDRESSES: You may mail comments to Commander (obr), First Coast Guard 
District Bridge Branch, One South Street, Battery Park Building, New 
York, New York, 10004, 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 (212) 668-7165. 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: John W. 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 (CGD01-03-
115), 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

[[Page 9563]]

and place announced by a later notice in the Federal Register.

Background and Purpose

    The U.S. 1 Bridge has a vertical clearance of 4 feet at mean high 
water and 7 feet at mean low water in the closed position. The existing 
regulations, listed at 33 CFR 117.211(b), require the bridge to open on 
signal with a maximum delay of up to twenty minutes; except that: from 
May 1 through October 31, from 7:15 a.m. to 7:15 p.m., the draw need 
only open once an hour, at quarter past the hour. From November 1 
through April 30, from 8 p.m. to 4 a.m., the draw must open on signal 
after a six-hour advance notice is given.
    The Coast Guard received a complaint in the spring of 2003, from a 
mariner stating that the Mystic River U.S. 1 Bridge was not opening as 
required by the existing operation regulations at the designated 12:15 
p.m. opening period.
    The Coast Guard convened a meeting attended by the bridge owner, 
Connecticut Department of Transportation, the Mystic Connecticut 
Chamber of Commerce, and several commercial marine operators. It was 
discovered at that meeting that the bridge owner was not opening the 
U.S. 1 Bridge at 12:15 p.m. because they believed that the operation 
regulations had been changed in 1992; however, the Coast Guard only 
authorized a 90-day test deviation in 1992, to help determine if the 
elimination of the 12:15 p.m. opening was a reasonable proposal.
    The Mystic Connecticut Chamber of Commerce told the Coast Guard at 
the 2003 meeting, that they believed that opening the U.S. 1 Bridge 
during the noontime period each day would cause severe vehicular 
traffic delays in downtown Mystic.
    The Coast Guard decided to conduct another temporary deviation for 
90 days to determine if opening the U.S. 1 Bridge during the noontime 
period would adversely affect vehicular traffic. That 90-day temporary 
deviation, published at (68 FR 41716), was in effect from July 18, 2003 
through October 15, 2003.
    In Addition, the Mystic Connecticut Chamber of Commerce, Marine 
Affairs Committee requested that the U.S. 1 Bridge opening times during 
the 2003 temporary test deviation be moved from a quarter past each 
hour to twenty minutes before each hour to help marine traffic transit 
better through the U.S. 1 Bridge and the downstream railroad bridge 
since the downstream railroad bridge is more frequently closed to 
marine traffic during the first half of each hour as a result of the 
rail traffic schedule.
    Shifting the U.S. 1 Bridge opening period to twenty minutes before 
each hour instead of at a quarter past each hour was expected to permit 
marine traffic to transit through both bridges with fewer delays 
resulting from rail traffic.
    After the 2003 test deviation concluded we reviewed the vehicular 
traffic counts, bridge opening logs, and all the on-scene observations 
taken by Coast Guard personnel. We determined, after review of all the 
above data, that the noontime bridge openings did not adversely affect 
vehicular traffic. However, shifting the U.S. 1 Bridge opening periods 
from a quarter past each hour to twenty minutes before each hour did 
produce very satisfactory results by permitting marine traffic to 
transit through the two bridges with fewer delays. As a result of the 
above information the Coast Guard determined that the U.S. 1 Bridge 
opening schedule should be changed to require the U.S. 1 Bridge to open 
on signal at twenty minutes before each hour, instead of a quarter past 
each hour during the summer months.
    In addition, this proposed rule would also eliminate the provision 
in the existing regulations at Sec.  117.211(b) that permits openings 
at the U.S. 1 Bridge to be delayed up to 20 minutes after a request is 
given. There is no present justification to delay marine traffic for up 
to twenty minutes. Also, the provision in the existing regulations at 
33 CFR 117.211(a)(3), that requires the draw to open immediately for 
public vessels of the United States, state and local vessels used for 
public safety, and vessels in emergency situations, will be eliminated 
from the regulations because it is now listed at 33 CFR 117.31, Subpart 
(A), General Requirements.
    However, the provision that allows commercial vessels to transit 
immediately at any time and the provision that allows bridge openings 
to be delayed up to eight minutes for the passage of rail traffic, 
shall remain in effect.

Discussion of Proposal

    This proposed change would change the current operation schedule of 
the U.S. 1 Bridge at Mystic, Connecticut. Currently, the U.S. 1 Bridge 
is required to open on signal with a maximum delay of twenty minutes, 
with the exception of opening at a quarter past the hour from 7:15 a.m. 
to 7:15 p.m. from May 1 through October 31. These proposed changes 
would require the bridge to open on signal, without delay, with the 
exception of opening on signal only twenty minutes before the hour 
starting from 7:40 a.m. to 6:40 p.m. from May 1, through October 31.
    Additionally, this proposed rule would eliminate portions of the 
current text of 33 CFR 117.211(a)(3) since the same requirement is 
stated in the regulations at 33 CFR 117.31.
    The period from November 1 through April 30, (b)(2), will not be 
changed, and will continue to require at least a six-hour advance 
notice from 8 p.m. through 4 a.m. for bridge openings during the winter 
months.

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 Homeland 
Security.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation, under the regulatory 
policies and procedures of DHS, is unnecessary.
    This conclusion is based on the fact that the U.S. 1 Bridge will 
continue to open for vessel traffic hourly at twenty minutes before the 
hour instead of quarter past each hour.

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 on the fact that the U.S. 1 Bridge will 
continue to open hourly for vessel traffic at twenty minutes before 
each hour instead of quarter past each hour.
    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

[[Page 9564]]

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 proposed 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.

Energy Effects

    We have analyzed this proposed 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 analyzed this proposed rule under Commandant Instruction 
M16475.1D, which guides 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 
environment documentation because it has been determined that the 
promulgation of operating regulations or procedures for drawbridges are 
categorically excluded.

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:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    1. The authority citation for part 117 continues to read as 
follows:

    Authority: 33 U.S.C. 499; Department of Homeland Security 
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.

    2. In Sec.  117.211, revise paragraphs (a)(3), (b) introductory 
text and (b)(1) to read as follows:


Sec.  117.211  Mystic River.

    (a) * * *
    (3) Commercial vessels shall be passed immediately at any time; 
however, the opening may be delayed up to eight minutes to allow 
trains, which have entered the drawbridge block and are scheduled to 
cross the bridge without stopping, to clear the block.
* * * * *
    (b) The draw of the U.S. 1 Bridge, mile 2.8, at Mystic, shall open 
on signal except:
    (1) From May 1 through October 31, from 7:40 a.m. to 6:40 p.m., the 
draw need only open hourly at twenty minutes before the hour.
* * * * *

    Dated: February 17, 2004.
John L. Grenier,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 04-4489 Filed 2-27-04; 8:45 am]
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