[Federal Register Volume 69, Number 237 (Friday, December 10, 2004)]
[Rules and Regulations]
[Pages 71704-71706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27101]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD01-04-106]
RIN 1625-AA09


Drawbridge Operation Regulations: Connecticut River, CT

AGENCY: Coast Guard, DHS.

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 a fixed opening schedule and also 
authorizes several bridge closures from December 1, 2004, through March 
31, 2006. The purpose of this temporary final rule is to facilitate the 
rehabilitation construction at the Route 82 Bridge.

DATES: This temporary final rule is effective from December 1, 2004, 
through March 31, 2006.

ADDRESSES: Material received from the public, as well as documents 
indicated in this preamble as being available in the docket, are part 
of docket (CGD01-04-106) 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: Ms. Judy Leung-Yee, Project Officer, 
First Coast Guard District, (212) 668-7195.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On October 19, 2004, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations; Connecticut River, 
Connecticut, in the Federal Register (69 FR 61455). We received no 
comments in response to the notice of proposed rulemaking. No public 
hearing was requested and none was held.
    Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register.
    The bridge rehabilitation construction has already been delayed 
over a year due to funding issues and as a result of those delays the 
rehabilitation repairs at the bridge need to be performed as soon as 
possible.
    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 
safe 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, and again in 2002, but due to a project 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 need to be performed with all due speed to assure safe reliable 
continued operation of the bridge.
    The bridge owner, Connecticut Department of Transportation, 
requested a temporary rule to allow the bridge to open at specific 
times. Commercial vessels may obtain bridge openings at any time 
provided they provide a two-hour advance notice to the bridge tender.
    The bridge owner has also requested additional bridge closures that 
will restrict both recreational and commercial vessel traffic. The 
requested dates include: One seven day bridge closure from March 21, 
2005 through March 28, 2005; three 8 hour closures on October 18, 19, 
and 20, 2005; and one 24 hour closure on December 14, 2005.
    The exact dates and times for the above closures possibly may 
change due to unforeseen issues. Should the above

[[Page 71705]]

dates and times change, the Coast Guard will revise this temporary rule 
and publish the exact times and dates in the Local Notice to Mariners 
at least thirty-days in advance of the anticipated occurrence of each 
closure to assist mariners in their planning.
    Under this final rule, in effect from December 1, 2004 through 
March 31, 2006, the Route 82 Bridge will operate as follows:
    From November 1 through July 6, the draw will 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 will open on signal Monday 
through Friday at 5:30 a.m., 1:30 p.m., and 8 p.m. On Friday the draw 
will open on signal at 5:30 a.m., 1:30 p.m., 8 p.m., and 11:30 p.m. On 
Saturday and Sunday the draw will open at 5:30 a.m., 8:30 a.m., 1:30 
p.m., 4 p.m., 8 p.m., and 11:30 p.m.
    At all times, other than during the closed periods identified 
above, the draw will open on signal for Commercial vessels provided at 
least a two-hour advance notice is given.

Discussion of Comments and Changes

    We received no comments in response to the notice of proposed 
rulemaking. No changes have been made to this temporary final rule as a 
result.

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 vessel traffic will still be 
able to transit through the Route 82 Bridge under a fixed time schedule 
that is expected to meet the reasonable needs of navigation.

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 still 
be able to transit through the Route 82 Bridge under a fixed time 
schedule that is expected to meet the reasonable needs of navigation.

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.
    No small entities requested Coast Guard assistance and none was 
given.
    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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it 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

[[Page 71706]]

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 proposed 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 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. From December 1, 2004 through March 31, 2006, 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, at East Haddam 
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 5:30 a.m., 1:30 p.m., and 8 p.m. On Friday 
the draw shall open on signal at 5:30 a.m., 1:30 p.m., 8 p.m., and 
11:30 p.m. On Saturday and Sunday the draw shall open on signal at 5:30 
a.m., 8:30 a.m., 1:30 p.m., 4 p.m., 8 p.m., and 11:30 p.m.
    (3) The draw need not open for the passage of vessel traffic on the 
following dates: March 21, 2005 through March 28, 2005; October 18, 19 
and 20, 2005; and December 14, 2005.
    (4) At all times, other than the dates identified in paragraph 
(d)(3) of this section, the draw shall open on signal for commercial 
vessels provided at least a two-hour advance notice is given.

    Dated: November 29, 2004.
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 04-27101 Filed 12-9-04; 8:45 am]
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