
[Federal Register Volume 82, Number 39 (Wednesday, March 1, 2017)]
[Proposed Rules]
[Pages 12185-12187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03980]


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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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify 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 bridge 
owner submitted a request to reduce scheduled openings of the span for 
recreational vessels in the boating season and to allow the bridge 
owner to require six hours notice for bridge openings at night in the 
winter season. It is expected this change to the regulations will 
better serve the needs of the community while continuing to meet the 
reasonable needs of navigation.

DATES: Comments and related material must reach the Coast Guard on or 
before May 1, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-1006 using the Federal eRulemaking Portal at http://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMMATION section below for instructions on 
submitting comments.

[[Page 12186]]


FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Mr. James Moore, Project Officer, First Coast Guard 
District, telephone 212-514-4334, james.m.moore2@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background, Purpose and Legal Basis

    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 draw 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 existing drawbridge operating regulation, 33 CFR 117.205 (c), 
requires the draw of the Route 82 Bridge to open as follows:
    The bridge will open on signal except that, from 15 May to 31 
October, between 9 a.m. to 9 p.m., the draw need open for recreational 
vessels on the hour and half-hour only. The draw shall open on signal 
for commercial vessels at all times.
    This regulation has been in effect since March 2, 1998. The owner 
of the bridge, the Connecticut Department of Transportation, requested 
a change to the drawbridge operating regulations 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 during the 
morning and evening rush hours would improve.
    The Connecticut Department of Transportation also requested that 
from November 1 to April 30 the bridge owner be allowed to require at 
least six hours notice for bridge openings between 8 p.m. and 4 a.m. 
for all vessels. For the last three years there have been no requested 
openings during these hours during this time of the year. Allowing the 
bridge owner to require notice will allow for more efficient and 
economical operation of the bridge.

III. Discussion of Proposed Rule

    Comments received from the public as well as various stakeholders 
during a meeting held in East Haddam, Connecticut on 12 May 2016 
indicated no objection to the proposed rule change from either mariners 
or concerned citizens. Based on these comments as well as further 
discussion with the bridge owner, the Coast Guard proposes to 
permanently change the drawbridge operating regulation 33 CFR 
117.205(c).
    The proposed rule would allow the Route 82 Swing Bridge, to open as 
follows: Between November 1 and April 30, the Route 82 Swing Bridge 
will continue to open on signal for all vessels between 4 a.m. and 8 
p.m. and will open for all vessels with six hours of advance notice 
between 8 p.m. and 4 a.m. Between May 1 and October 31, the bridge will 
open for recreational vessels on the hour between 6 a.m. and 8 p.m. and 
will open on signal from 8 p.m. through 6 a.m.. Notice is given by 
calling the number posted at the bridge.

IV. 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 and Executive Orders and we discuss 
First Amendment rights of protestors.

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 NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    The Coast Guard believes that 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 22 foot vertical 
clearance available while the bridge is in the closed position is 
sufficient to allow a majority of recreational traffic to pass through 
the draw without the necessity for an opening. Moreover, the advanced 
notice requirements will be during the winter months, which is a time 
of year when vessel traffic is at its lowest.

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 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.
    For the reasons stated in Section III and IV.A. above, this 
proposed rule would not have a significant economic impact on any 
vessel owner or operator.
    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.
    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 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.

C. 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.).

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

[[Page 12187]]

various levels of government. We have analyzed this proposed 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 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section above.

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 proposed rule will not 
result in such an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble.

F. 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. 
Normally such actions are categorically excluded from further review, 
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 a significant 
environmental impact from this proposed 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this notice and all public comments, are in 
our online docket at http://www.regulations.gov and can be viewed by 
following that Web site's instructions. Additionally, if you go to the 
online docket and sign up for email alerts, you will be notified when 
comments are posted or a final rule is published.

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. 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: 15 February 2017.
S.D. Poulin,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 2017-03980 Filed 2-28-17; 8:45 am]
 BILLING CODE 9110-0-P


