[Federal Register Volume 69, Number 106 (Wednesday, June 2, 2004)]
[Rules and Regulations]
[Pages 31005-31008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12408]


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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: Final rule.

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SUMMARY: The Coast Guard has changed the drawbridge operation 
regulations that govern the U.S. 1 Bridge, mile 2.8, across the Mystic 
River at Mystic,

[[Page 31006]]

Connecticut. This final rule changes the time the U.S. 1 Bridge opens 
between May 1 and October 31, from a quarter past the hour to twenty 
minutes before the hour. This action is expected to allow vessel 
traffic to transit with fewer delays through the two bridges in Mystic, 
Connecticut.

DATES: This rule is effective July 2, 2004.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket (CGD01-03-115) and are available for inspection or 
copying at the First Coast Guard District, Bridge Branch Office, 408 
Atlantic Avenue, Boston, Massachusetts 02110, between 7 a.m. and 3 
p.m., Monday through Friday, except Federal holidays. The First Coast 
Guard Bridge Branch maintains the public docket for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Mr. John McDonald, Project Officer, 
First Coast Guard District, (617) 223-8364.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On March 1, 2004, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations; Mystic River, 
Connecticut, in the Federal Register (69 FR 9562). No public hearing 
was requested and none was held.

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 Sec.  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 shall 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 then 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.
    Additionally, 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 ease marine traffic 
congestion. The railroad bridge, downstream of the U.S. 1 Bridge, is 
more frequently closed to marine traffic during the first half of each 
hour as a result of the rail traffic schedule. By moving the opening 
times of the U.S. 1 Bridge to 20 minutes before each hour, vessel 
traffic transiting the U.S. 1 Bridge would be less likely to conflict 
with railroad traffic at the next bridge, thus helping relieve marine 
traffic congestion.
    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 less delays to vessel traffic transiting the two bridges in 
Mystic because the railroad bridge was used more often during the first 
half of each hour for the passage of rail than during the second half 
of each hour.
    As a result of all 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 at a quarter past each hour during the summer months.
    This rule would also eliminate the provision in the 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.

Discussion of Comments and Changes

    We received thirteen comment letters in response to the proposed 
rulemaking. Eight comment letters were in favor of the proposed rule 
change and four comment letters opposed the rulemaking. We also 
received a no objection comment letter.
    The eight comment letters in favor of the proposed rule change 
stated that opening the U.S. 1 Bridge at twenty minutes before each 
hour allowed vessel traffic to transit up and downstream with less 
delays and did not adversely impact vehicular traffic in any way.
    One comment letter in opposition to changing the bridge opening 
times from 15 minutes past each hour to twenty minutes before each hour 
stated that changing the opening time could cause confusion and result 
in traffic delays because mariners and motorists have become accustomed 
to the quarter past the hour bridge opening time over the years.
    The second comment letter in opposition stated that the cost to 
implement the rule change was wasteful and that any change to the 
opening times would cause public confusion and disruption.
    The third comment letter in opposition stated the basis for 
shifting the U.S. 1 Bridge opening times to the second half of each 
hour because most train traffic crossed the railroad bridge during the 
first half of each hour was risky since the trains were rarely on time.
    The fourth comment letter in opposition stated that people who 
needed to cross the bridge to go to work on the hour would be required 
to depart their homes earlier to compensate for bridge openings at 
twenty minutes before the hour. No factual data was submitted to 
support any of the four negative comment letters.
    Factual data was used by the Coast Guard to justify changing the 
U.S. 1 Bridge openings to twenty minutes before each hour instead of a 
quarter past each hour. The Coast Guard examined the 2003 bridge 
opening

[[Page 31007]]

records from the nearby railroad bridge downstream from the U.S. 1 
Bridge. According to those bridge opening records, the downstream 
railroad bridge received rail traffic more often during the first half 
of each hour than during the second half of each hour. Therefore, 
moving the U.S. 1 Bridge openings to the second half of each hour would 
allow vessel traffic to transit through both bridges with fewer delays. 
Additionally, other data collected indicates utilizing this schedule 
will not result in an adverse affect on vehicular traffic in downtown 
Mystic. As a result of all the above information no changes have been 
made to this final rule.

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 Homeland 
Security (DHS). This conclusion is based on the fact that the U.S. 1 
Bridge will continue to open once each hour at twenty before the hour 
instead of a quarter past each hour.

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 the U.S. 1 Bridge will 
continue to open once each hour at twenty minutes before the hour 
instead of a quarter past each hour.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process.
    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).

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.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies. This rule does not use technical standards. 
Therefore, we did not consider the use of voluntary consensus 
standards.

Environment

    We have analyzed this final 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

[[Page 31008]]

2.B.2 of the Instruction. Therefore, this rule is categorically 
excluded, under figure 2-1, paragraph (32)(e), of the Instruction, from 
further environmental documentation. It has been determined that this 
final rule does not significantly impact the environment.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

0
For the reasons set out 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; 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.


0
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: May 21, 2004.
John L. Grenier,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 04-12408 Filed 6-1-04; 8:45 am]
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