[Federal Register Volume 67, Number 212 (Friday, November 1, 2002)]
[Rules and Regulations]
[Pages 66553-66554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27850]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD01-02-100]
RIN 2115-AE47
Drawbridge Operation Regulations: Connecticut River, CT
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary final rule
governing the operation of the Route 82 Bridge, at mile 16.8, across
the Connecticut River at East Haddam, Connecticut. This temporary final
rule allows the bridge to operate on fixed opening schedule from
November 1, 2002 through October 31, 2003. This action is necessary to
facilitate major rehabilitation of the bridge.
DATES: This temporary final rule is effective from November 1, 2002
through October 31, 2003.
ADDRESSES: Material received from the public, as well as documents
indicated in this preamble as being available in the docket, are part
of docket (CGD01-02-100) and are available for inspection or copying at
the First Coast Guard District, Bridge Branch Office, 408 Atlantic
Avenue, Boston, Massachusetts 02110, 6:30 a.m. to 3 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Joseph Schmied, Project Officer,
First Coast Guard District, (212) 668-7165.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On September 10, 2002, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulations; Connecticut River,
Connecticut, in the Federal Register (67 FR 57355). We received no
comments in response to the notice of proposed rulemaking. No public
hearing was requested and none was held.
Pursuant to 5 U.S.C. 553(d)(3), the Coast Guard finds that good
cause exists for making this final rule effective in less than 30 days
after publication in the Federal Register. Any delay encountered in
this regulation's effective date would be unnecessary and contrary to
the public interest because the rehabilitation construction is
necessary in order to assure continued reliable operation of the
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 Route 82 Bridge was scheduled for major repairs in the summer
of 2001, but due to a funding shortfall the work was delayed.
Subsequent to that, the bridge has continued to deteriorate. Funding
has now been made available and the necessary repairs should be
performed with due speed to assure safe reliable continued operation of
the bridge.
The bridge owner, Connecticut Department of Transportation, has
requested a temporary final rule to allow the bridge to open for
recreational and commercial vessels at specific times; however,
commercial vessels may obtain unscheduled openings at any time provided
they give a twenty-four hour notice with a two-hour confirmation to the
bridge tender.
The bridge owner has also requested one seven day bridge closure,
two eight-hour closures and one twenty-four hour bridge closure
required to facilitate the bridge repairs. The exact dates for the
above closures are not known at this time. The Coast Guard plans to
publish the exact times and dates in the Local Notice to Mariners at
least thirty-days in advance of the anticipated occurrence to assist
mariners in their planning.
The operating schedule that would be in effect at the Route 82
Bridge from November 1, 2002 through October 31, 2003, is as follows:
From November 1 through July 6, the draw shall open on signal at
5:30 a.m., 1:30 p.m., and 8 p.m., daily.
From July 7 through October 31 the draw shall open on signal Monday
through Thursday at 6:30 a.m., 1:30 p.m., and 8 p.m., with one
additional opening on Friday at 11:30 p.m., three additional openings
on Saturday at 9:30 a.m., 4 p.m., and 11:30 p.m., two additional
openings on Sunday at 9:30 a.m. and 4 p.m.
The draw shall open on signal at any time for Commercial vessels
provided a twenty-four hour notice with a two-hour confirmation is
given to the drawtender at the bridge.
The Coast Guard and the bridge owner have successfully coordinated
the above temporary operating schedule with the mariners. The Coast
Guard believes this temporary final rule is reasonable as a result of
the above information.
Discussion of Comments and Changes
We received no comments in response to the notice of proposed
rulemaking.
The effective dates of this temporary final rule have been changed
to be effective from November 1, 2002 through October 31, 2003. The
notice of proposed rulemaking listed the effective dates as October 15,
2002 through April 30, 2004.
We changed the effective dates of this temporary final rule because
the new dates depict the actual time period that the operating schedule
of the bridge will be changed.
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 Transportation
(DOT) (44 FR 11040; February 26, 1979).
This conclusion is based on the fact that vessel traffic will not
be prevented from transiting the bridge as a result of this temporary
final rule.
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 not
be prevented
[[Page 66554]]
from transiting the bridge as a result of this temporary final rule.
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 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.
Environment
We have considered the environmental impact of this rule and
concluded that under figure 2-1, paragraph (32)(e), of Commandant
Instruction M16475.1D, this rule is categorically excluded from further
environmental documentation because promulgation of changes to
drawbridge regulations have been found to not have a significant effect
on the environment. A ``Categorical Exclusion Determination'' is
available in the docket for inspection or copying where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons set out in the preamble, the Coast Guard amends 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; 49 CFR 1.46; 33 CFR 1.05-1(g); section
117.255 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
2. From November 1, 2002 through October 31, 2003, Sec. 117.205 is
temporarily amended by suspending paragraph (c) and adding a new
paragraph (d) to read as follows:
Sec. 117.205 Connecticut River.
* * * * *
(d) The draw of the Route 82 Bridge, mile 16.8, shall operate as
follows:
(1) From November 1 through July 6 the draw shall open on signal at
5:30 a.m., 1:30 p.m., and 8 p.m., daily.
(2) From July 7 through October 31, Monday through Thursday, the
draw shall open on signal at 6:30 a.m., 1:30 p.m., and 8 p.m., with one
additional opening on Friday at 11:30 p.m., three additional openings
on Saturday at 9:30 a.m., 4 p.m., and 11:30 p.m., and two additional
openings on Sunday at 9:30 a.m., and 4 p.m.
(3) The draw shall open on signal for commercial vessels at all
times provided a twenty-four hour advance notice with a two-hour
confirmation is given.
Dated: October 24, 2002.
V.S. Crea,
Rear Admiral, Coast Guard, Commander, First Coast Guard District.
[FR Doc. 02-27850 Filed 10-31-02; 8:45 am]
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