[Federal Register Volume 71, Number 202 (Thursday, October 19, 2006)]
[Proposed Rules]
[Pages 61698-61701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8814]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD01-06-122]
RIN 1625-AA09


Drawbridge Operation Regulations; Thames River, New London, 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 Amtrak Bridge 
across the Thames River, mile 0.8, at New London, Connecticut. This 
notice of proposed rulemaking (NPRM) would allow the bridge owner to 
open the bridge on a temporary opening schedule from November 15, 2006 
through May 15, 2007. This proposed rule is necessary to facilitate 
bridge pier repairs.

DATES: Comments must reach the Coast Guard on or before November 1, 
2006.

ADDRESSES: You may mail comments 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: 

Regulatory Information

    Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause 
exists for publishing an NPRM with a shortened comment period of 15 
days, and 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. Due to the urgency of the repairs, 
it is essential that this rule becomes effective on November 15, 2006.

[[Page 61699]]

    The owner of the bridge, National Railroad Passenger Corporation 
(Amtrak), requested a temporary final rule to facilitate un-scheduled 
structural bridge repairs.
    On June 29, 2006, the bridge owner discovered that one of the main 
bridge piers had shifted as a result of pile driving for the new 
adjacent Amtrak Bridge. In order to perform corrective repairs, 
minimize structural impingement, and continue to provide for rail 
traffic, the bridge must remain in the closed position, except during 
specific time periods during which the bridge will remain in the full 
open position for the passage of vessel traffic.
    The Coast Guard published a temporary deviation in the Federal 
Register on July 24, 2006 [71 FR 41730], to allow immediate repairs to 
the bridge to commence.
    On September 6, 2006, Amtrak contacted the Coast Guard and 
requested a temporary regulation effective from November 15, 2006 
through May 15, 2007, to facilitate the completion of the bridge 
repairs.
    The Coast Guard believes this shortened comment period and 
effective date is reasonable because the bridge repairs facilitated by 
this temporary rule are vital and necessary, thus, they must be 
performed with all due speed in order to assure the continued safe and 
reliable operation of the bridge.

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 (CGD01-06-
122), 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.

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 and Purpose

    The Amtrak Bridge across the Thames River, mile 3.0, at New London, 
Connecticut, has a vertical clearance of 30 feet at mean high water and 
33 feet at mean low water in the closed position. The existing 
operating regulations are listed at 33 CFR 117.224.
    The owner of the bridge, Amtrak, requested a temporary change to 
the drawbridge operation regulations to facilitate repairs to one of 
the main bridge piers.
    On June 29, 2006, the bridge owner discovered that one of the main 
bridge piers had shifted as a result of pile driving for the new 
adjacent Amtrak Bridge.
    In order to perform corrective repairs, minimize structural 
impingement, and continue to provide for rail traffic, the bridge must 
remain in the closed position except during specific time periods 
during which the bridge will remain in the full open position for the 
passage of vessel traffic.

Discussion of Proposed Rule

    This proposed change would allow the Amtrak Bridge to operate on 
temporary schedule from November 15, 2006 through May 15, 2007, to 
facilitate the completion of repairs to one of the main bridge piers 
damaged by nearby pile driving.
    Under this notice of proposed rulemaking, from November 15, 2006 
through May 15, 2007, the Amtrak Bridge across the Thames River, mile 
3.0, at New London, Connecticut, shall remain in the full open position 
for the passage of vessel traffic as follows:
    Monday through Friday: 5 a.m. to 5:40 a.m.; 11:20 a.m. to 11:55 
a.m.; 3:35 p.m. to 4:15 p.m.; and 8:30 p.m. to 8:55 p.m.
    Saturday: 8:30 a.m. to 9:10 a.m.; 12:35 p.m. to 1:05 p.m.; 3:40 
p.m. to 4:10 p.m.; 5:35 p.m. to 6:05 p.m.; and 7:35 p.m. to 8:40 p.m.
    Sunday: 8:30 a.m. to 9:20 a.m.; 11:35 a.m. to 12:15 p.m.; 1:30 p.m. 
to 1:55 p.m.; 6:30 p.m. to 7:10 p.m.; and 8:30 p.m. to 9:15 p.m.
    The bridge shall open on signal at any time for the passage of U.S. 
Navy submarines and escort vessels. At all other times the draw shall 
remain in the closed position. Vessels that can pass under the draw 
without a bridge opening may do so at all times.
    The Coast Guard believes this proposed rule is reasonable because 
the required repair work is vital and necessary in order to ensure the 
safe and continued reliable operation of 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 potential costs and benefits 
under 6(a)(3) of that Order. The Office of Management and Budget has 
not reviewed it under that Order.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary. This 
conclusion is based on the fact that the vessel traffic that normally 
transits this bridge should only be minimally affected as they will 
still be able to transit the bridge under the temporary opening 
schedule.

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 notice of proposed rulemaking would not have a significant 
economic impact on a substantial number of small entities for the 
following reason: The Thames River is navigated predominantly by 
recreational vessels and U.S. Navy vessels.
    The temporary opening schedule should not preclude recreational 
vessel traffic from transiting the bridge because the recreational 
vessels that normally use this waterway will be in winter storage for 
most of the time period this rule is in effect and the U.S. Navy 
submarines and associated vessels will be provided bridge openings on 
demand at any time.
    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

[[Page 61700]]

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 affect 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. 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 and Department of Homeland Security Management Directive 
5100.1, which guide 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, we believe that this rule should 
be categorically excluded, under 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.

    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; 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.
    2. From November 15, 2006 through May 15, 2006, Sec.  117.224 is 
amended by suspending paragraphs (a) and (b) and adding a temporary 
paragraph (c) to read as follows:


Sec.  117.224  Thames River.

* * * * *
    (c)(1) The draw shall remain in the full open position for the 
passage of vessel traffic as follows: Monday through Friday from 5 a.m. 
to 5:40 a.m.; 11:20 a.m. to 11:55 a.m.; 3:35 p.m. to 4:15 p.m.; and 
8:30 p.m. to 8:55 p.m. Saturday from 8:30 a.m. to 9:10 a.m.; 12:35 p.m. 
to 1:05 p.m.; 3:40 p.m. to 4:10 p.m.; 5:35 p.m. to 6:05 p.m.; and 7:35 
p.m. to 8:40 p.m. Sunday from 8:30 a.m. to 9:20 a.m.; 11:35 a.m. to 
12:15 p.m.; 1:30 p.m. to 1:55 p.m.; 6:30 p.m. to 7:10 p.m.; and 8:30 
p.m. to 9:15 p.m.
    (2) The draw shall open on signal at all times for the passage of 
U.S. Navy submarines, Navy escort vessels and

[[Page 61701]]

commercial vessels. At all other times the draw need not open for the 
passage of vessel traffic.

    Dated: October 13, 2006.
Timothy S. Sullivan,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 06-8814 Filed 10-17-06; 2:34 pm]
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