[Federal Register Volume 80, Number 1 (Friday, January 2, 2015)]
[Rules and Regulations]
[Pages 2-5]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30779]
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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: Final rule.
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SUMMARY: The Coast Guard is changing the operating schedule that
governs the Amtrak Bridge across the Thames River at mile 3.0, at New
London, Connecticut. The bridge owner, National Passenger Railroad
Corporation (Amtrak), submitted a request to allow the Amtrak Bridge to
open to 75 feet above mean high water instead of the full bridge
opening at 135.3 feet above mean high water, unless a full bridge
opening is requested. It is expected that this change to the
regulations will create more efficiency in drawbridge operations while
continuing to meet the reasonable needs of navigation.
DATES: This rule is effective February 2, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0983. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type in the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click Open
Docket Folder on the line associated with this rulemaking. You may also
visit 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ms. Judy Leung-Yee, Project Officer, First Coast Guard
District Bridge Branch, 212-514-4330, [email protected]. If you
have questions on viewing the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
A. Regulatory History and Information
On September 11, 2014, we published a notice of proposed rulemaking
(NPRM) entitled ``Drawbridge Operation Regulation; Thames River, New
London, CT'' in the Federal Register (79 FR 54244). We received two
comments regarding the proposed rule. No public meeting was requested,
and none was held.
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), requested an exception to the
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requirement to fully open the bridge to its full 135.3 foot height
above mean 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.
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 received, is reasonable based on the low number of
requests to open to 135 feet and to match actual operations.
The Coast Guard will also alter the navigation lighting
requirements to better meet the needs of navigation at this drawbridge
as a result of this final rule.
In accordance with 33 CFR 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 will allow one solid green light and one flashing
green light when the bridge is at the 75 foot mark and two solid green
lights when the bridge is fully opened to 135.3 feet.
We believe this final rule will continue to meet the reasonable
needs of navigation while also improving drawbridge efficiency of
operation.
Under this final rule, the draw will open on signal 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.''
Discussion of Comments, Changes and the Final Rule
The Coast Guard received two comments in response to the notice of
proposed rulemaking. One of the two comment letters was submitted in
error for another bridge located in Florida. The second comment letter
questioned if the regulation change was considered not a ``significant
energy action'' because it saves time or saves energy by opening to 75
feet instead of 135.3 feet. Executive Order 13211 defines ``significant
energy action.'' One prong of the definition is that the regulatory
action needs to be significant per Executive Order 12866. This
regulation does not meet the threshold for a significant regulatory
action and therefore cannot be considered a ``significant energy
action.'' While the change in opening levels will save both time and
energy, the analysis for a ``significant energy action'' is based on
definition in E.O. 13211.
The single comment letter pertinent to the Amtrak Bridge was not an
objection or in favor of the rule change, as a result, no changes have
been made to this final rule.
C. Regulatory Analyses
We developed this 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 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 Executive 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 Amtrak Bridge
will continue to 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.
[[Page 4]]
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.
This rule will have no effect on small entities for the following
reason: The Amtrak Bridge will open fully for all vessel traffic at all
times upon request.
3. Assistance for Small Entities
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.
4. 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).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on 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 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 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 rule will 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 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 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 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerns Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
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. This rule is categorically excluded, under
figure 2-1, paragraph (32)(e), of the Commandant Instruction.
Under figure 2-1, paragraph (32)(e), of the Commandant Instruction,
an environmental analysis checklist and a categorical exclusion
determination are not required for this rule.
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
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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.
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2. Revise Sec. 117.224 to read as follows:
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Sec. 117.224 Thames River.
The draw of the Amtrak 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 as practicable for all
other vessel traffic but no later than 20 minutes after the signal to
open is given.
Dated: December 8, 2014.
L.L. Fagan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2014-30779 Filed 12-31-14; 8:45 am]
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