[Federal Register Volume 70, Number 74 (Tuesday, April 19, 2005)]
[Proposed Rules]
[Pages 20322-20324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7906]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD01-05-028]
RIN 1625-AA09


Drawbridge Operation Regulations; Housatonic River, CT

AGENCY: Coast Guard, DHS.

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 U.S. 1 Bridge, 
mile 3.5, across the Housatonic River at Stratford, Connecticut. Under 
this temporary rule only one of the two-bascule leafs at the bridge 
would open for the passage of vessel traffic from June 18, 2005 through 
December 30, 2005, except holidays. Two-leaf, full bridge openings, 
would be provided upon a three-day advance notice. This temporary 
rulemaking is necessary to facilitate rehabilitation repairs at the 
bridge.

DATES: Comments and related material must reach the Coast Guard on or 
before May 19, 2005.

ADDRESSES: You may mail comments and related material to Commander 
(obr), First Coast Guard District Bridge Branch, 408 Atlantic Avenue, 
Boston, Massachusetts, 02110, or deliver them to the same address 
between 6:30 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: Judy Leung-Yee, Project Officer, First 
Coast Guard District, (212) 668-7195.

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 (CGD01-05-
028), 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.
    If, as we anticipate we make this temporary final rule effective 
less than 30 days after publication in the Federal Register, we will 
explain in that publication, as required by 5 U.S.C. (d)(3), our good 
cause for doing so.

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

    The U.S. 1 Bridge has a vertical clearance in the closed position 
of 32 feet at mean high water and 37 feet at mean low water. The 
existing drawbridge operation regulations are listed at 33 CFR 
117.207(a).
    The owner of the bridge, the Connecticut Department of 
Transportation, requested a temporary change to the drawbridge 
operation regulations to facilitate rehabilitation maintenance at the 
bridge.
    Under this temporary rule only one of the two-bascule leafs at the 
U.S. 1 Bridge would open for the passage of vessel traffic from June 
18, 2005 through December 30, 2005.
    The Monday through Friday closures to facilitate vehicular commuter 
traffic in the existing operation regulations, 7 a.m. to 9 a.m. and 4 
p.m. to 5:45 p.m., would continue to be in effect during this temporary 
rule.
    Two-leaf openings would be provided on the following holidays: the 
Fourth of July, Friday July 1 through Monday July 4; Labor Day, Friday 
September 2 through Monday September 5; Thanksgiving, Thursday November 
24 through Sunday November 27; and Christmas, Saturday December 24 
through Monday December 26, 2005.
    In addition, full two leaf bridge opening would also be provided at 
any time, except during the closed periods for vehicular commuter 
traffic, after at least a three-day advance notice is given

[[Page 20323]]

by calling the number posted at the bridge.

Discussion of Proposal

    This proposed change would suspend paragraph (a) in Sec.  117.207 
and temporarily add a new paragraph (c).
    Under this temporary rule only one of the two-bascule leafs at the 
bridge would open for the passage of vessel traffic from April 1, 2005 
through May 27, 2005.
    Two leaf openings would be provided on holidays or at any time, 
except during the closed periods for vehicular commuter traffic, after 
at least a three-day advance notice is given by calling the number 
posted at the bridge.
    The closed periods for vehicular commuter traffic in the existing 
operation regulations, 7 a.m. to 9 a.m. and 4 p.m. to 5:45 p.m., Monday 
through Friday, would also continue to be in effect during the 
effective period of this temporary rule.

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 bridge will fully 
open at anytime after a three-day notice is given.

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 bridge will fully 
open at anytime after a three-day advance notice is given.
    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.

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 proposed rule does not use technical standards. 
Therefore, we did not consider the use of voluntary consensus 
standards.

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

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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; 33 CFR 1.05-1(g); section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.

    2. From June 18, 2005 through December 30, 2005, paragraph (a) in 
section 117.207 is suspended and a new paragraph (c) is added to read 
as follows:


Sec.  117.207  Housatonic River

* * * * *
    (c) From June 18, 2005 through December 30, 2005, the U.S. 1 
Bridge, mile 3.5, at Stratford, shall open on signal, except that, it 
may open only one of the two-bascule leafs for the passage of vessel 
traffic.
    (1) From 7 a.m. to 9 a.m. and 4 p.m. to 5:45 p.m., Monday through 
Friday, the bridge may remain closed for the passage of vessel traffic.
    (2) Two-leaf, full bridge openings, shall be provided on holidays 
as follows: the Fourth of July, Friday July 1 through Monday July 4; 
Labor Day, Friday September 2 through Monday September 5; Thanksgiving, 
Thursday November 24 through Sunday November 27; and Christmas, 
Saturday December 24 through Monday December 26, 2005.
    (3) Two-leaf, full bridge openings, shall be provided at any time, 
except as provided in (c)(1), after at least a three-day advance notice 
is given by calling the number posted at the bridge.

    Dated: April 11, 2005.
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 05-7906 Filed 4-15-05; 12:37 pm]
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