Drawbridge Operation Regulation; Thames River, New London, CT, 2-5 [2014-30779]
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Federal Register / Vol. 80, No. 1 / Friday, January 2, 2015 / Rules and Regulations
unnecessary, and we are issuing this
regulation as a final rule.
In addition, for the reasons cited
above, we find good cause for
dispensing with the 30-day delay in the
effective date of this final rule. 5 U.S.C.
553(d)(3). We are not making any
substantive changes to the listings in
these body systems. Without an
extension of the expiration dates for
these listings, we will not have the
criteria we need to assess medical
impairments in these body systems at
step three of the sequential evaluation
processes. We therefore find it is in the
public interest to make this final rule
effective on the publication date.
(1950–
)
Subpart P—[Amended]
1. The authority citation for subpart P
of part 404 continues to read as follows:
■
Authority: Secs. 202, 205(a)–(b) and (d)–
(h), 216(i), 221(a), (i), and (j), 222(c), 223,
225, and 702(a)(5) of the Social Security Act
(42 U.S.C. 402, 405(a)–(b) and (d)–(h), 416(i),
421(a), (i), and (j), 422(c), 423, 425, and
902(a)(5)); sec. 211(b), Pub. L. 104–193, 110
Stat. 2105, 2189; sec. 202, Pub. L. 108–203,
118 Stat. 509 (42 U.S.C. 902 note).
2. Amend appendix 1 to subpart P of
part 404 by revising items 1, 2, 4, 5, 6,
8, 9, 12, and 13 of the introductory text
before Part A to read as follows:
■
Executive Order 12866, as
Supplemented by Executive Order
13563
We consulted with the Office of
Management and Budget (OMB) and
determined that this final rule does not
meet the criteria for a significant
regulatory action under Executive Order
12866, as supplemented by Executive
Order 13563. Therefore, OMB did not
review it. We also determined that this
final rule meets the plain language
requirement of Executive Order 12866.
Regulatory Flexibility Act
We certify that this final rule does not
have a significant economic impact on
a substantial number of small entities
because it affects only individuals.
Therefore, a regulatory flexibility
analysis is not required under the
Regulatory Flexibility Act, as amended.
Appendix 1 to Subpart P of Part 404—
Listing of Impairments
*
This rule does not create any new or
affect any existing collections, and
therefore does not require OMB
approval under the Paperwork
Reduction Act.
*
*
*
*
1. Growth Impairment (100.00): January 27,
2017.
2. Musculoskeletal System (1.00 and
101.00): January 27, 2017.
*
*
*
*
*
4. Respiratory System (3.00 and 103.00):
January 27, 2017.
5. Cardiovascular System (4.00 and
104.00): January 27, 2017.
6. Digestive System (5.00 and 105.00):
January 27, 2017.
*
*
*
*
*
8. Hematological Disorders (7.00 and
107.00): January 27, 2017.
9. Skin Disorders (8.00 and 108.00):
January 27, 2017.
*
Paperwork Reduction Act
*
*
*
*
12. Neurological (11.00 and 111.00):
January 27, 2017.
*
*
*
*
*
13. Mental Disorders (12.00 and 112.00):
January 27, 2017.
*
*
*
*
*
[FR Doc. 2014–30739 Filed 12–31–14; 8:45 am]
(Catalog of Federal Domestic Assistance
Program Nos. 96.001, Social Security—
Disability Insurance; 96.002, Social
Security—Retirement Insurance; 96.004,
Social Security—Survivors Insurance;
96.006, Supplemental Security Income)
BILLING CODE 4191–02–P
DEPARTMENT OF HOMELAND
SECURITY
List of Subjects in 20 CFR Part 404
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PART 404—FEDERAL OLD-AGE,
SURVIVORS AND DISABILITY
INSURANCE
Coast Guard
Administrative practice and
procedure, Blind, Disability benefits,
Old-Age, Survivors and Disability
Insurance, Reporting and recordkeeping
requirements, Social Security.
33 CFR Part 117
[Docket No. USCG–2013–0983]
RIN 1625–AA09
Carolyn W. Colvin,
Acting Commissioner of Social Security.
Drawbridge Operation Regulation;
Thames River, New London, CT
For the reasons set out in the
preamble, we are amending appendix 1
to subpart P of part 404 of chapter III of
title 20 of the Code of Federal
Regulations as set forth below.
AGENCY:
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ACTION:
Coast Guard, DHS.
Final rule.
The Coast Guard is changing
the operating schedule that governs the
SUMMARY:
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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 https://
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, judu.k.leungyee@uscg.mil. 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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Federal Register / Vol. 80, No. 1 / Friday, January 2, 2015 / Rules and Regulations
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
Month
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:
Total openings
Openings to
135 feet
Openings to
75 feet
98
58
62
83
220
255
257
243
227
216
84
97
17
8
2
12
40
38
42
34
26
25
8
6
81
50
60
71
180
217
215
209
201
191
76
91
Totals ....................................................................................................................................
asabaliauskas on DSK5VPTVN1PROD with RULES
January ........................................................................................................................................
February .......................................................................................................................................
March ...........................................................................................................................................
April ..............................................................................................................................................
May ..............................................................................................................................................
June .............................................................................................................................................
July ...............................................................................................................................................
August ..........................................................................................................................................
September ...................................................................................................................................
October ........................................................................................................................................
November ....................................................................................................................................
December ....................................................................................................................................
1,900
258
1,642
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
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Jkt 235001
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. 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.
Discussion of Comments, Changes and
the Final Rule
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.
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.
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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.
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Federal Register / Vol. 80, No. 1 / Friday, January 2, 2015 / Rules and Regulations
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).
asabaliauskas on DSK5VPTVN1PROD with RULES
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
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17:45 Dec 31, 2014
Jkt 235001
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
PO 00000
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Fmt 4700
Sfmt 4700
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
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.
■
2. Revise § 117.224 to read as follows:
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Federal Register / Vol. 80, No. 1 / Friday, January 2, 2015 / Rules and Regulations
§ 117.224
Thames River.
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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
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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.
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5
(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]
BILLING CODE 9110–04–P
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]]>Agencies
[Federal Register Volume 80, Number 1 (Friday, January 2, 2015)]
[Rules and Regulations]
[Pages 2-5]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-30779]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://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, judu.k.leung-yee@uscg.mil. 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
[[Page 3]]
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:
----------------------------------------------------------------------------------------------------------------
Openings to Openings to 75
Month Total openings 135 feet feet
----------------------------------------------------------------------------------------------------------------
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
-----------------------------------------------
Totals...................................................... 1,900 258 1,642
----------------------------------------------------------------------------------------------------------------
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
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:
[[Page 5]]
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]
BILLING CODE 9110-04-P
