[Federal Register Volume 71, Number 66 (Thursday, April 6, 2006)]
[Rules and Regulations]
[Pages 17348-17350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3287]


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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: Temporary final rule.

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SUMMARY: The Coast Guard has temporarily changed the drawbridge 
operating regulations governing the operation of the Route 82 Bridge 
across the Connecticut River at mile 16.8, at East Haddam, Connecticut. 
This temporary final rule requires the Route 82 Bridge to operate on a 
fixed opening schedule from April 1, 2006 through June 30, 2006. The 
bridge shall 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 temporary final rule is necessary 
to facilitate electrical and mechanical bridge repairs.

DATES: This rule is effective from April 1, 2006 through June 30, 2006.

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 (CGD01-06-004) 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.

FOR FURTHER INFORMATION CONTACT: Ms. Judy Leung-Yee, Project Officer, 
First Coast Guard District, (212) 668-7195.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On March 6, 2006, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulations''; Connecticut 
River, East Haddam, Connecticut, in the Federal Register (71 FR 11172). 
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(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register.
    Making this rule effective in less than 30 days after publication 
in the Federal Register will allow this rule to become effective in 
time for the April 1, 2006, start date for the electrical and 
mechanical bridge repairs.
    The electrical and mechanical repairs are vital necessary repairs 
that must be performed without delay in order to assure the continued 
safe and reliable operation of the Route 82 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 bridge owner, Connecticut Department of Transportation, 
requested a temporary rule to facilitate electrical

[[Page 17349]]

and mechanical rehabilitation at the Route 82 Bridge.
    Under this temporary final rule, from April 1, 2006 through June 
30, 2006, the Route 82 Bridge shall open on signal at 5:30 a.m., 1:30 
p.m., and 8 p.m., daily. The bridge shall 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 Comments and Changes

    The Coast Guard received no comments in response to the notice of 
proposed rulemaking. As a result, no changes have been made to this 
temporary 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 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 
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 opening 
schedule that is expected to meet the present and anticipated needs of 
navigation.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 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 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. 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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D,

[[Page 17350]]

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 considering that it relates to the 
promulgation of operating regulations or procedures for drawbridges. 
Under figure 2-1, paragraph (32)(e), of the Instruction, an 
``Environmental Analysis Check List'' and a ``Categorical Exclusion 
Determination'' are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

0
For the reasons discussed 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; 33 CFR 1.05-1(g); Department of 
Homeland Security Delegation No. 0170.1; section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.

0
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: March 28, 2006.
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 06-3287 Filed 4-5-06; 8:45 am]
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