[Federal Register Volume 63, Number 40 (Monday, March 2, 1998)]
[Rules and Regulations]
[Pages 10139-10140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5297]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD01-95-009]
RIN 2115-AE47
Drawbridge Operation Regulations; Connecticut River, CT
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard amends the regulations governing the Route 82
Bridge at mile 16.8 which crosses the Connecticut River, between East
Haddam and Haddam, Connecticut. The change will provide openings for
recreational vessels on the hour and half-hour only, from 15 May
through 31 October between 9 a.m. and 9 p.m. Commercial vessels will
continue to be granted bridge openings at all times. This change was
requested by Connecticut Department of Transportation (CONNDOT) to
provide relief from traffic delays caused by frequent unscheduled
bridge openings. This action will ease vehicular traffic delays and
still meet the reasonable needs of navigation.
This rule also requires bridge owners to install clearance gauges
at the AMTRAK Old Saybrook-Old Lyme Bridge, the CONRAIL Middletown-
Portland Bridge, and the Route 82 Bridge to assist mariners in
determining if their vessels can pass under the bridges and thereby
reduce the number of unnecessary openings.
DATES: This final rule is effective April 1, 1998.
ADDRESSES: Documents as indicated in this preamble, except for the
seven comments commenting on the proposed rulemaking which are missing,
are available for inspection or copying at the First Coast Guard
District Office, Battery Park Bldg., New York, New York 10004-5073, 7
a.m. to 3 p.m., Monday through Friday, except Federal holidays. The
telephone number is (212) 668-7069.
FOR FURTHER INFORMATION CONTACT:
Mr. J. Arca, project officer, First Coast Guard District, Bridge
Branch. The telephone number is (212) 668-7069.
SUPPLEMENTARY INFORMATION:
Regulatory History
On May 4, 1995, the Coast Guard published a notice of proposed
rulemaking entitled ``Drawing Operation Regulations; Connecticut River,
Connecticut'' in the Federal Register (60 FR 22014). The Coast Guard
received seven letters commenting on the proposed rulemaking. No public
hearing was requested, and none was held.
Background
The Route 82 Bridge has vertical clearance of 22' above mean high
water (MHW) and 25' above mean low water (MLW) in the closed position.
The Coast Guard previously published a temporary final rule (57 FR
24191; June 2, 1992) that required the bridge to open for recreational
vessels on the hour and half-hour only, from 22 May through 31 October,
1992, between 9 a.m. and 9 p.m. on Fridays, Saturdays, Sundays, and
Federal holidays. No comments were received during the comment period.
Upon expiration of the temporary final rule, the bridge reverted to the
general operating regulation contained in 33 CFR section 117.5 which
requires drawbridges to open promptly and fully for the passage of
vessels when a request to open is given. The Town of East Haddam and
CONNDOT requested that the Coast Guard change the special operating
regulations for the Route 82 Bridge. The original request was for hour
and half-hour openings on Fridays, weekends and holidays from 9 a.m. to
9 p.m. during the recreation boating season. Subsequently, the request
was expanded to include weekdays to have a uniform schedule every day
of the week. The new rule will require the Route 82 Bridge to provide
openings for recreational vessels on the hour and half-hour, daily from
15 May to 31 October, between 9 a.m. and 9 p.m. Openings for commercial
vessels will be required on signal at all times. The rule will
accommodate the reasonable needs of navigation while providing for the
needs of land transportation. Clearance gauges are being required to
assist mariners in determining whether bridge openings will be required
for passage,
[[Page 10140]]
thereby eliminating unnecessary openings.
Discussion of Comments and Changes
The Coast Guard received seven comments all in favor of the
proposal. No changes to the proposed rule have been made.
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that Order. It
has not been reviewed by the Office of Management and Budget under that
Order. It is not significant under the regulatory policies and
procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
rule to be so minimal that a full Regulatory Evaluation under paragraph
10e of the regulatory policies and procedures of DOT is unnecessary.
This conclusion is based on the fact that commercial vessels are
unaffected by this rule and that the regulations will not prevent
recreational boaters from transiting the bridge. The rule will only
require recreational boaters to adjust their time of arrival for
openings on the hour and half-hour. The Coast Guard believes this rule
achieves the requirement of balancing the navigational rights of
recreational boaters and the needs of land based transportation.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this rule will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include 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. Therefore, for the reasons discussed in the Regulatory
Evaluation section above, the Coast Guard certifies under section
605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that
this final rule will not have a significant economic impact on a
substantial number of small entities.
Collection of Information
This final rule does not provide for a collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this final rule in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that this rule does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that, under section 2.B.2.e.(34) of Commandant
Instruction M16475.1B, this final rule is categorically excluded from
further environmental documentation. A ``Categorical Exclusion
Determination'' is available in the docket for inspection or copying
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
Regulation
For the reasons set out in the preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117--[AMENDED]
1. The authority citation for part 117 continues to read as
follows:
Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g); section
117.255 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
2. Section 117.205 is revised to read as follows:
Sec. 117.205 Connecticut River.
(a) The owners of the AMTRAK Old Saybrook-Old Lyme Bridge, mile 3.4
the Route 82 Bridge, mile 16.8, and the CONRAIL Middletown-Portland
Bridge, mile 32.0, shall provide, and keep in good legible condition,
clearance gauges with figures not less than twelve (12) inches which
designed, installed and maintained according to the provisions of
Sec. 118.160 of this chapter.
(b) The draws of the AMTRAK Old Saybrook-Old Lyme Bridge, mile 3.4,
and the CONRAIL Middletown-Portland Bridge, mile 32.0, shall be opened
as soon as practicable for all non-commercial vessels that cannot pass
under the closed draws, but in no case shall the delay be more than 20
minutes from the time the opening was requested.
(c) The draw of the Route 82 Bridge, mile 16.8, at East Haddam,
shall open on signal except that, from 15 May to 31 October, between 9
a.m. and 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.
Dated: February 12, 1998.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 98-5297 Filed 2-27-98; 8:45 am]
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