[Federal Register Volume 71, Number 43 (Monday, March 6, 2006)]
[Proposed Rules]
[Pages 11172-11174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2105]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD01-06-004]
RIN 1625-AA09


Drawbridge Operation Regulations; Connecticut River, East Haddam, 
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 Route 82 Bridge, 
mile 16.8, across the Connecticut River at East Haddam, Connecticut. 
This proposed rule would allow the Route 82 Bridge to operate on a 
fixed opening schedule from April 1, 2006 through June 30, 2006. The 
bridge would open at all times for commercial vessels after at least a 
24-hour advance notice and a 2-hour confirmation is given by calling 
the number posted at the bridge. This rule is necessary to facilitate 
rehabilitation construction at the bridge.

DATES: Comments and related material must reach the Coast Guard on or 
before March 27, 2006.

ADDRESSES: You may mail comments and related material to Commander 
(dpb), 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: Ms. 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 and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD01-06-
004), 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.

Regulatory Information

    We anticipate making this temporary rule effective in less than 30 
days after publication in the Federal Register.
    Under 5 U.S.C. 553(d)(3) the Coast Guard finds that good cause 
exists for making this rule effective in less than 30 days after 
publication in the Federal Register as the Route 82 Bridge repairs 
currently scheduled to begin on April 1, 2006, are vital necessary 
repairs that must be performed with all due speed to assure the 
continued safe and reliable operation of the bridge. Any delay in 
making this rule effective as soon as possible would not be in the best 
interest of public safety and the marine interests that use the 
Connecticut River. Failure to start the rehabilitation repairs on time 
could result in an unscheduled bridge operation failure.
    However, the Coast Guard desires to allow as much time as possible 
for public participation and comment during this rulemaking process. 
Thus, we are allowing the comment period to run into the 30 day time 
period normally included between publication and the effective date.

Public Meeting

    We do not now plan to hold a public meeting; however, 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 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 bridge owner, Connecticut Department of Transportation, has 
requested a temporary rule to facilitate electrical and mechanical 
rehabilitation at the Route 82 Bridge.
    Under this temporary rule the Route 82 Bridge would open from April 
1, 2006, through June 30, 2006, on signal at 5:30 a.m., 1:30 p.m., and 
8 p.m., daily. The bridge would open for commercial vessels at any time 
after a 24-hour notice with a 2-hour confirmation is given by calling 
the number posted at the bridge.

Discussion of Proposed Rule

    This proposed change would amend 33 CFR 117.205 by suspending 
paragraph (c) and adding a new temporary paragraph (d) that would list 
the temporary bridge opening schedule for the Route 82 Bridge.
    This temporary rule is necessary to facilitate the rehabilitation 
construction at the Route 82 Bridge in order to maintain the bridge in 
good operable condition.
    This proposed change would allow the Route 82 Bridge to open from 
April 1, 2006, through June 30, 2006, at 5:30 a.m., 1:30 p.m., and 8 
p.m., daily. The bridge would open at any time for commercial vessels 
after a 24-hour notice, with a 2-hour confirmation, is given by calling 
the number posted at the bridge.

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

[[Page 11173]]

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 (DHS).
    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 vessel traffic will still 
be able to transit through the Route 82 Bridge under a fixed opening 
schedule that is expected to meet the present and anticipated needs of 
navigation.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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 vessel traffic will still 
be able to transit through the Route 82 Bridge under a fixed opening 
schedule that is expected to meet the present and anticipated needs of 
navigation.
    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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact us in writing at, Commander 
(dpb), First Coast Guard District, Bridge Branch, One South Street, New 
York, NY 10004. The telephone number is (212) 668-7165. The Coast Guard 
will not retaliate against small entities that question or complain 
about this rule or any policy or action of the Coast Guard.

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 Executive Order 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 might 
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 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. 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 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 made a preliminary determination 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 proposed rule is 
categorically excluded, under

[[Page 11174]]

figure 2-1, paragraph (32)(e) of the Instruction, from further 
environment documentation because this action relates to the 
promulgation of operating regulations or procedures for drawbridges. 
Under figure 2-1, paragraph (32)(e) of the instruction, an 
``Environmental Analysis Checklist'' is not required for this rule. 
Comments on this section will be considered before we make the final 
decision on whether to categorically exclude this rule from further 
environmental review.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons discussed 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. From April 1, 2006 through June 30, 2006, Sec.  117.205 is 
amended by suspending paragraph (c) and adding a temporary 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 open on signal at 5:30 a.m., 1:30 p.m., and 8 p.m., daily. The 
draw shall open on signal for commercial vessels at any time after at 
least a 24-hour advance notice and a 2-hour confirmation is given by 
calling the number posted at the bridge.

    Dated: February 24, 2006.
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 06-2105 Filed 3-3-06; 8:45 am]
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