82 FR 12185 - Drawbridge Operation Regulation; Connecticut River, East Haddam, CT
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 82, Issue 39 (March 1, 2017)
Coast Guard
Federal Register Volume 82, Issue 39 (March 1, 2017)
| Page Range | 12185-12187 | |
| FR Document | 2017-03980 |
[Federal Register Volume 82, Number 39 (Wednesday, March 1, 2017)] [Proposed Rules] [Pages 12185-12187] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-03980] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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, [email protected]. 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
![Federal Register / Vol. 82, No. 39 / Wednesday, March 1, 2017 / Proposed Rules 12185
• Federal eRulemaking Portal: will review this copy, including the sufficient time to develop a meaningful
https://www.regulations.gov. Follow the claimed confidential information, in its or thoughtful response to various issues
instructions for submitting comments. consideration of comments. The second presented in the draft guidance and to
Comments submitted electronically, copy, which will have the claimed our interpretation of our regulations. We
including attachments, to https:// confidential information redacted/ have considered the requests but were
www.regulations.gov will be posted to blacked out, will be available for public unable to issue a document extending
the docket unchanged. Because your viewing and posted on https:// the comment period for the draft
comment will be made public, you are www.regulations.gov. Submit both guidance before February 13, 2017.
solely responsible for ensuring that your copies to the Division of Dockets Consequently, we are reopening the
comment does not include any Management. If you do not wish your comment period for an additional 60
confidential information that you or a name and contact information to be days. Interested parties have until May
third party may not wish to be posted, made publicly available, you can 1, 2017. We believe that this action
such as medical information, your or provide this information on the cover allows adequate time for interested
anyone else’s Social Security number, or sheet and not in the body of your persons to submit comments on the
confidential business information, such comments and you must identify this draft guidance without significantly
as a manufacturing process. Please note information as ‘‘confidential.’’ Any delaying finalizing the guidance.
that if you include your name, contact information marked as ‘‘confidential’’ Dated: February 23, 2017.
information, or other information that will not be disclosed except in Leslie Kux,
identifies you in the body of your accordance with 21 CFR 10.20 and other
comments, that information will be Associate Commissioner for Policy.
applicable disclosure law. For more
posted on https://www.regulations.gov. [FR Doc. 2017–03929 Filed 2–28–17; 8:45 am]
information about FDA’s posting of
• If you want to submit a comment comments to public dockets, see 80 FR BILLING CODE 4164–01–P
with confidential information that you 56469, September 18, 2015, or access
do not wish to be made available to the the information at: http://www.fda.gov/
public, submit the comment as a regulatoryinformation/dockets/ DEPARTMENT OF HOMELAND
written/paper submission and in the default.htm. SECURITY
manner detailed (see ‘‘Written/Paper Docket: For access to the docket to
Submissions’’ and ‘‘Instructions’’). read background documents or the Coast Guard
Written/Paper Submissions electronic and written/paper comments
received, go to https:// 33 CFR Part 117
Submit written/paper submissions as www.regulations.gov and insert the [Docket No. USCG–2016–1006]
follows: docket number, found in brackets in the
• Mail/Hand delivery/Courier (for RIN 1625–AA09
heading of this document, into the
written/paper submissions): Division of
‘‘Search’’ box and follow the prompts Drawbridge Operation Regulation;
Dockets Management (HFA–305), Food
and/or go to the Division of Dockets Connecticut River, East Haddam, CT
and Drug Administration, 5630 Fishers
Management, 5630 Fishers Lane, Rm.
Lane, Rm. 1061, Rockville, MD 20852. AGENCY: Coast Guard, DHS.
• For written/paper comments 1061, Rockville, MD 20852.
submitted to the Division of Dockets FOR FURTHER INFORMATION CONTACT: ACTION: Notice of proposed rulemaking.
Management, FDA will post your Laura A. Dye, Center for Food Safety
and Applied Nutrition (HFS–265), Food SUMMARY: The Coast Guard proposes to
comment, as well as any attachments, modify the operating schedule that
except for information submitted, and Drug Administration, 5001 Campus
Dr., College Park, MD 20740, 240–402– governs the Route 82 Bridge (East
marked and identified, as confidential, Haddam Swing Bridge) across the
if submitted as detailed in 1275.
Connecticut River, mile 16.8, at East
‘‘Instructions.’’ SUPPLEMENTARY INFORMATION: In the
Haddam, Connecticut. The bridge owner
Instructions: All submissions received Federal Register of December 14, 2016
submitted a request to reduce scheduled
must include the Docket No. FDA– (81 FR 90267), we published a notice of
openings of the span for recreational
2016–D–4120 for ‘‘Fruit Juice and availability of a draft guidance for
vessels in the boating season and to
Vegetable Juice as Color Additives in industry entitled ‘‘Fruit Juice and
allow the bridge owner to require six
Food; Draft Guidance for Industry.’’ Vegetable Juice as Color Additives in
hours notice for bridge openings at night
Received comments will be placed in Food.’’ The draft guidance, when
in the winter season. It is expected this
the docket and, except for those finalized, will help manufacturers
change to the regulations will better
submitted as ‘‘Confidential determine whether a color additive
serve the needs of the community while
Submissions,’’ publicly viewable at derived from a plant material meets the
continuing to meet the reasonable needs
https://www.regulations.gov or at the specifications for fruit juice under
of navigation.
Division of Dockets Management § 73.250 (21 CFR 73.250) or vegetable
between 9 a.m. and 4 p.m., Monday juice under § 73.260 (21 CFR 73.260). DATES: Comments and related material
through Friday. Although you can comment on any must reach the Coast Guard on or before
• Confidential Submissions—To guidance at any time, to ensure that we May 1, 2017.
submit a comment with confidential consider comments on this draft ADDRESSES: You may submit comments
information that you do not wish to be guidance before we begin work on the identified by docket number USCG–
jstallworth on DSK7TPTVN1PROD with PROPOSALS
made publicly available, submit your final version, interested persons were 2016–1006 using the Federal
comments only as a written/paper originally given until February 13, 2017, eRulemaking Portal at http://
submission. You should submit two to comment on the draft guidance. www.regulations.gov.
copies total. One copy will include the We have received requests to extend See the ‘‘Public Participation and
information you claim to be confidential the comment period for the draft Request for Comments’’ portion of the
with a heading or cover note that states guidance. The requests conveyed SUPPLEMENTARY INFORMMATION section
‘‘THIS DOCUMENT CONTAINS concern that the original 60-day below for instructions on submitting
CONFIDENTIAL INFORMATION.’’ We comment period would not allow comments.
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![Federal Register / Vol. 82, No. 39 / Wednesday, March 1, 2017 / Proposed Rules 12187
various levels of government. We have G. Protest Activities Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
analyzed this proposed rule under that Department of Homeland Security Delegation
Order and have determined that it is The Coast Guard respects the First No. 0170.1.
consistent with the fundamental Amendment rights of protesters.
■ 2. Amend § 117.205 by revising
federalism principles and preemption Protesters are asked to contact the
paragraph (c) to read as follows:
requirements described in Executive person listed in the FOR FURTHER
INFORMATION CONTACT section to § 117.205 Connecticut River.
Order 13132.
Also, this proposed rule does not have coordinate protest activities so that your * * * * *
tribal implications under Executive message can be received without (c) The draw of the Route 82 Bridge,
Order 13175, Consultation and jeopardizing the safety or security of mile 16.8, at East Haddam, shall operate
Coordination with Indian Tribal people, places or vessels. as follows:
Governments, because it would not have V. Public Participation and Request for (1) From May 1 through October 31:
a substantial direct effect on one or Comments The draw shall open on signal for
more Indian tribes, on the relationship commercial vessels. For recreational
between the Federal Government and We view public participation as vessels, the draw shall open on signal,
Indian tribes, or on the distribution of essential to effective rulemaking, and except that from 6 a.m. to 8 p.m., the
power and responsibilities between the will consider all comments and material draw need open for recreational vessels
Federal Government and Indian tribes. received during the comment period. on the hour only.
If you believe this proposed rule has Your comment can help shape the (2) From November 1 through April
implications for federalism or Indian outcome of this rulemaking. If you 30: The draw shall open on signal for all
tribes, please contact the person listed submit a comment, please include the vessels, except that from 8 p.m. to 4
in the FOR FURTHER INFORMATION docket number for this rulemaking, a.m., the draw shall open on signal if at
CONTACT section above. indicate the specific section of this least six-hours notice is given by calling
document to which each comment the number posted at the bridge.
E. Unfunded Mandates Reform Act applies, and provide a reason for each Dated: 15 February 2017.
The Unfunded Mandates Reform Act suggestion or recommendation.
S.D. Poulin,
of 1995 (2 U.S.C. 1531–1538) requires We encourage you to submit
Federal agencies to assess the effects of Rear Admiral, U.S. Coast Guard Commander,
comments through the Federal First Coast Guard District.
their discretionary regulatory actions. In eRulemaking Portal at http://
particular, the Act addresses actions [FR Doc. 2017–03980 Filed 2–28–17; 8:45 am]
www.regulations.gov. If your material
that may result in the expenditure by a cannot be submitted using http://
BILLING CODE 9110–0–P
State, local, or tribal government, in the www.regulations.gov, contact the person
aggregate, or by the private sector of in the FOR FURTHER INFORMATION
$100,000,000 (adjusted for inflation) or CONTACT section of this document for
DEPARTMENT OF COMMERCE
more in any one year. Though this alternate instructions.
proposed rule will not result in such an National Oceanic and Atmospheric
We accept anonymous comments. All Administration
expenditure, we do discuss the effects of comments received will be posted
this proposed rule elsewhere in this without change to http://
preamble. 50 CFR Part 622
www.regulations.gov and will include
F. Environment any personal information you have [Docket No. 161222999–7145–01]
We have analyzed this proposed rule provided. For more about privacy and RIN 0648–BG56
under Department of Homeland the docket, you may review a Privacy
Security Management Directive 023–01 Act notice regarding the Federal Docket Fisheries of the Caribbean, Gulf of
and Commandant Instruction Management System in the March 24, Mexico, and South Atlantic; Coastal
M16475.lD, which guides the Coast 2005, issue of the Federal Register (70 Migratory Pelagic Resources in the
Guard in complying with the National FR 15086). Gulf of Mexico and Atlantic Region;
Environmental Policy Act of 1969 Documents mentioned in this notice Framework Amendment 5
(NEPA) (42 U.S.C. 4321–4370f), and and all public comments, are in our AGENCY: National Marine Fisheries
have made a preliminary determination online docket at http:// Service (NMFS), National Oceanic and
that this action is one of a category of www.regulations.gov and can be viewed Atmospheric Administration (NOAA),
actions which do not individually or by following that Web site’s Commerce.
cumulatively have a significant effect on instructions. Additionally, if you go to
ACTION: Proposed rule; request for
the human environment. This proposed the online docket and sign up for email
comments.
rule simply promulgates the operating alerts, you will be notified when
regulations or procedures for comments are posted or a final rule is SUMMARY: NMFS proposes to implement
drawbridges. Normally such actions are published. management measures described in
categorically excluded from further List of Subjects in 33 CFR Part 117 Framework Amendment 5 to the Fishery
review, under figure 2–1, paragraph Management Plan for the Coastal
(32)(e), of the Instruction. Bridges. Migratory Pelagic Resources of the Gulf
Under figure 2–1, paragraph (32)(e), of of Mexico and Atlantic Region (FMP) as
jstallworth on DSK7TPTVN1PROD with PROPOSALS
For the reasons discussed in the
the Instruction, an environmental preamble, the Coast Guard proposes to prepared and submitted jointly by the
analysis checklist and a categorical amend 33 CFR part 117 as follows: Gulf of Mexico Fishery Management
exclusion determination are not Council and South Atlantic Fishery
required for this rule. We seek any PART 117—DRAWBRIDGE Management Council (Councils). If
comments or information that may lead OPERATION REGULATIONS implemented, this proposed rule would
to the discovery of a significant remove the restriction on fishing for, or
environmental impact from this ■ 1. The authority citation for part 117 retaining the recreational bag and
proposed rule. continues to read as follows: possession limits of, king and Spanish
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Document Created: 2017-03-01 03:39:17
Document Modified: 2017-03-01 03:39:17
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments and related material must reach the Coast Guard on or before May 1, 2017. | |
| 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, [email protected] | |
| FR Citation | 82 FR 12185 | |
| RIN Number | 1625-AA09 |
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