[Federal Register Volume 82, Number 136 (Tuesday, July 18, 2017)]
[Rules and Regulations]
[Pages 32761-32762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15055]



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 Rules and Regulations
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
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  Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Rules 
and Regulations  

[[Page 32761]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-1006]
RIN 1625-AA09


Drawbridge Operation Regulation; Connecticut River, East Haddam, 
CT

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is changing the operating schedule that 
governs the Route 82 Bridge (East Haddam Swing Bridge) across the 
Connecticut River, mile 16.8, at East Haddam, Connecticut. The 
Connecticut Department of Transportation submitted a request to reduce 
scheduled openings of the span for recreational vessels during the 
boating season and to allow the bridge owner to require six hours 
notice for bridge openings at night during the winter season. It is 
expected this change to the regulations will better serve the needs of 
the community while still continuing to satisfy the reasonable needs of 
navigation.

DATES: This rule is effective August 17, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-1006. In the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. James Moore, Project Officer, First Coast Guard 
District, telephone 212-514-4334, [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On March 1, 2017, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulation; Connecticut River, 
East Haddam, CT'' in the Federal Register (82 FR 12185). We received 16 
comments on this rule which will be discussed in Section IV. Prior to 
publication of the NPRM, a public meeting was held on April 12, 2016 
and no objections were raised to the proposed modification of the 
regulation governing operation of the bridge.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
    The Route 82 Bridge (East Haddam Swing Bridge), mile 16.8, across 
the Connecticut River at East Haddam, Connecticut, offers mariners a 
vertical clearance of 22 feet at Mean High Water and 25 feet at Mean 
Low Water when the span is in the closed position. Vertical clearance 
is unlimited when the span is open. Horizontal clearance is 200 feet. 
Waterway users include recreational and commercial vessels including 
tugboat/barge combinations as well as tour/dinner boats. The drawbridge 
operating regulations are listed at 33 CFR 117.205(c).
    The owner of the bridge, the Connecticut Department of 
Transportation, requested a change to the drawbridge operating 
regulation because of the increased volume of vehicular traffic across 
the bridge during peak commuting hours. This increased volume coupled 
with bridge openings for recreational vessels on the hour as well as 
the half-hour has resulted in lengthy traffic jams on either side of 
the bridge, particularly during the morning and evening rush hours. By 
reducing required openings for recreational vessels, traffic congestion 
at peak rush hours will dissipate. The Connecticut Department of 
Transportation also requested that from November 1 to April 30, vessels 
be required to provide at least six hours of notice for bridge openings 
between 8 p.m. and 4 a.m. For the last three years there have been no 
requested openings between these hours during this time of year. 
Allowing the bridge owner to require such notice will allow for more 
efficient and economical operation of the bridge.
    The Coast Guard believes this change balances the needs of both 
land-based and marine traffic. The change will enhance vehicular 
traffic flow without significantly impacting vessel traffic.

IV. Discussion of Comments, Changes and the Final Rule

    The Coast Guard received a total of 16 comments in response to the 
notice of proposed rulemaking. All comments positively endorsed the 
proposed regulation change and no objections were noted. As a result, 
no changes have been made to this final rule.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive Orders, and we 
discuss First Amendment rights of protesters.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    The Coast Guard has determined this rule is not a significant 
regulatory action. The bridge will still open on the hour from 6 a.m. 
to 8 p.m. for recreational craft during the boating season and will 
open for all vessels with six hours of advance notice between 8 p.m. 
and 4 a.m. between November 1 and April 30. The minimum 22 foot 
vertical clearance available at Mean High Water when the bridge is in 
the closed position is sufficient to allow a majority of recreational 
traffic to pass without the necessity for an opening. Moreover, the 
advance notice requirements will be imposed during

[[Page 32762]]

evening hours over the course of the winter, during which time vessel 
traffic is infrequent.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 received no comments from the Small Business 
Administration on this rule. 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.
    While some owners or operators of vessels intending to transit the 
bridge may be small entities, for the reasons stated in section V.A 
above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 rule. 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 the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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). 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.

C. 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).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this 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.

E. 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 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.l 
(series), 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 this action is one of a 
category of actions which do not individually or cumulatively have a 
significant effect on the human environment. This rule simply 
promulgates the operating regulations or procedures for drawbridges. 
Normally such actions are categorically excluded from further review, 
under figure 2-1, paragraph (32)(e), of the Instruction. A preliminary 
Record of Environmental Consideration and a Memorandum for the Record 
are not required for this rule. We seek any comments or information 
that may lead to the discovery of a significant environmental impact 
from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the For Further 
Information Contact section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 117

    Bridges.

    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; Department of Homeland 
Security Delegation No. 0170.1.


0
2. Amend Sec.  117.205 by revising paragraph (c) to read as follows:


Sec.  117.205  Connecticut River.

* * * * *
    (c) The draw of the Route 82 Bridge, mile 16.8, at East Haddam, 
shall operate as follows:
    (1) From May 1 through October 31: The draw shall open on signal 
for commercial vessels. For recreational vessels, the draw shall open 
on signal, except that from 6 a.m. to 8 p.m., the draw need open for 
recreational vessels on the hour only.
    (2) From November 1 through April 30: The draw shall open on signal 
for all vessels, except that from 8 p.m. to 4 a.m., the draw shall open 
on signal if at least six-hours notice is given by calling the number 
posted at the bridge.

    Dated: June 30, 2017.
S.D. Poulin,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2017-15055 Filed 7-17-17; 8:45 am]
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