[Federal Register Volume 79, Number 176 (Thursday, September 11, 2014)]
[Proposed Rules]
[Pages 54244-54246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21680]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2013-0983]
RIN 1625-AA09
Drawbridge Operation Regulation; Thames River, New London, CT
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the operating schedule that
governs the Amtrak Bridge across the Thames River, mile 3.0, at New
London, Connecticut. Under this notice of proposed rulemaking the
bridge would open to 75 feet above mean high water instead of the full
open position of 135.3 feet unless a full bridge opening is requested.
It is expected that this change to the regulations will create
efficiency in drawbridge operations while continuing to meet the
reasonable needs of navigation.
DATES: Comments and related material must be received by the Coast
Guard on or before November 10, 2014.
ADDRESSES: You may submit comments identified by docket number USCG-
2013-0983 using any one of the following methods:
(1) Federal Rulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments. To avoid duplication, please use only one of these
three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Ms. Judy Leung-Yee, Project Officer, First Coast
Guard District Bridge Program, telephone 212-668-7165, email
[email protected]. If you have questions on viewing or
submitting material to the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Tables of Acronyms
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec. Section Symbol
U.S.C. United States Code
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change to http://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2013-0983), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (http://www.regulations.gov), or by fax, mail or hand delivery,
but please use only one of these means. If you submit a comment online
via http://www.regulations.gov, it will be considered received by the
Coast Guard when you successfully transmit the comment. If you fax,
hand deliver, or mail your comment, it will be considered as having
been received by the Coast Guard when it is received at the Docket
Management Facility. We recommend that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that we can contact you if we have questions regarding
your submission.
To submit your comment online, go to http://www.regulations.gov,
type the docket number USCG-2013-0983 in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking. If you submit your comments by mail or hand delivery,
submit them in an unbound format, no larger than 8\1/2\ by 11 inches,
suitable for copying and electronic filing. If you submit them by mail
and would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2013-0983) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit either the Docket Management
Facility in Room W12-140 on the ground floor of the Department of
Transportation West Building, 1200 New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. We have an agreement with the Department of
Transportation to use the Docket Management Facility.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain 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.
B. Basis and Purpose
The Amtrak Bridge across the Thames River, mile 3.0, at New London,
Connecticut, has a vertical clearance in the closed position of 29.4
feet at mean high water and 31.8 feet at mean low water. The drawbridge
operation regulations are listed at 33 CFR 117.224.
The waterway users are both recreational and commercial vessels.
The owner of the bridge, National Passenger Railroad Corporation
(Amtrak), is requesting an exception to the requirement to fully open
the bridge to its full 135.3 foot height above mean
[[Page 54245]]
high water when not required for a vessel to pass under safely. Amtrak
submitted the request to the Coast Guard to change the drawbridge
operation regulations to allow the Amtrak Bridge to open to 75 feet
above mean high water for smaller vessels which comprise the majority
of the requested openings. The Amtrak Bridge will perform a full bridge
opening of 135.3 feet above mean high water when requested to do so.
The existing regulations require the bridge to open immediately on
signal for public vessels of the United States and commercial vessels;
except that, when a train scheduled to cross the bridge without
stopping has passed the Midway, Groton, or New London stations and is
in motion toward the bridge, the bridge must not be opened for the
passage of any vessel until the train has crossed the bridge. The
bridge shall open as soon as practicable for all other vessels but no
later than 20 minutes after the signal to open is given.
Under this proposed rule the draw would open on signal as stated
above but only to 75 feet above mean high water; except, when a full
opening to 135.3 feet above mean high water is requested. The bridge
tender is aware of the vertical clearance from the low steel chord of
the bridge to the water level by a sensor displaying distance on the
Operator Control Panel housed in the Drawbridge Control Room at the
bridge. A selector switch is placed in the 75 foot position or full
lift (135.3 feet) position by the bridge tender prior to operations
depending on the vessel requirements.
C. Discussion of Proposed Rule
The Coast Guard proposes to change the drawbridge operation
regulations at 33 CFR 117.224 to allow the Amtrak Railroad Bridge to
open on signal to only 75 feet above mean high water unless a full
opening to 135.3 feet above mean high water is requested.
We analyzed the bridge opening data for the Amtrak Railroad Bridge
during calendar year 2013, comparing the number of bridge openings to
135.3 feet and the number of bridge openings to 75 feet for each month
of the year.
The bridge opening breakdown for 2013 is as follows:
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Openings to Openings to 75
Month Total openings 135 feet feet
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January......................................................... 98 17 81
February........................................................ 58 8 50
March........................................................... 62 2 60
April........................................................... 83 12 71
May............................................................. 220 40 180
June............................................................ 255 38 217
July............................................................ 257 42 215
August.......................................................... 243 34 209
September....................................................... 227 26 201
October......................................................... 216 25 191
November........................................................ 84 8 76
December........................................................ 97 6 91
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Totals...................................................... 1,900 258 1,642
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Out of the total 1900 bridge openings, only 13.57% were to the
135.3 foot elevation and the remaining 86.43% were to the 75 foot
elevation.
As a result the Coast Guard believes that allowing the Amtrak
Railroad Bridge to open to 75 feet, except when a request to open to
135.3 feet is requested, is reasonable based on the low number requests
to open to 135 feet and to match actual operations.
Due to the unique nature of the drawbridge operation for this
Amtrak Bridge, the Coast Guard also proposes to alter the lighting
requirements to better meet the needs of navigation at this drawbridge.
In accordance with 33 CFR Sec. 118.85, the center of the navigational
channel under the operable span will be marked by a range of two green
lights when the vertical span is open to navigation. The Coast Guard
proposes to allow one solid green light and one flashing green light
when the bridge is at the 75 footmark and two solid green lights when
the bridge is fully opened to 135.3 feet.
We believe this proposed rule will continue to meet the reasonable
needs of navigation while also improving drawbridge efficiency of
operation.
D. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on these statutes or executive orders.
1. Regulatory Planning and Review
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Order 12866, or under
section 1 of Executive Order 13563. The Office of Management and Budget
has not reviewed it under those Orders. We believe that this rule is
not a significant regulatory action because the bridge will open fully
for any vessel upon request.
2. 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 certifies under 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 action will not have a significant economic impact on a
substantial number of small entities for the following reason: The
bridge will open fully for all vessel traffic at all times upon
request.
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
[[Page 54246]]
qualifies and how and to what degree this rule would economically
affect it.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed 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.
The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
4. 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).
5. Federalism
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 proposed rule under that Order and
have determined that it does not have implications for federalism.
6. 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.
7. 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 proposed rule will not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
9. 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.
10. 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.
11. Indian Tribal Governments
This proposed 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.
12. Energy Effects
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01, and Commandant Instruction
M16475.lD 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 proposed rule simply promulgates
the operating regulations or procedures for drawbridges. This rule is
categorically excluded, under figure 2-1, paragraph (32)(e), of the
Instruction.
Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule. We seek any comments or
information that may lead to the discovery of significant environmental
impact from the proposed rule.
List of Subjects in 33 CFR Part 117 Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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. Revise Sec. 117.224 to read as follows:
Sec. 117.224 Thames River.
The draw of the Amtrak Railroad Bridge, mile 3.0, at New London,
shall operate as follows:
(a) The draw shall open on signal to 75 feet above mean high water
for all vessel traffic unless a full bridge opening to 135.3 feet above
mean high water is requested.
(b) The 75 foot opening will be signified by a range light display
with one solid green light and one flashing green light and the full
135.3 foot opening will be signified with two solid green range lights.
(c) The draw shall open on signal for public vessels of the United
States and commercial vessels; except that, when a train scheduled to
cross the bridge without stopping has passed the Midway, Groton, or New
London stations and is in motion toward the bridge, the lift span shall
not be opened until the train has crossed the bridge.
(d) The draw shall open on signal as soon practicable for all other
vessel traffic but no later than 20 minutes after the signal to open is
given.
Dated: August 22, 2014,
V.B. Gifford, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2014-21680 Filed 9-10-14; 8:45 am]
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