[Federal Register Volume 60, Number 14 (Monday, January 23, 1995)]
[Rules and Regulations]
[Pages 4377-4378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1291]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD01-94-164]
RIN 2115-AE47
Drawbridge Operation Regulations; Lake Champlain, NY and VT
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: At the request of the Vermont Agency of Transportation (VAOT),
the Coast Guard is temporarily changing the regulations governing the
Route 2 Bridge over Lake Champlain at mile 91.8 between North Hero and
Grand Isle, Vermont, to allow the bridge to remain in the closed
position for seventy five (75) days from January 16, 1995 to April 1,
1995. This temporary change is being implemented to allow the bridge to
remain in the closed position while major repairs are made to the
bridge. Marine traffic which can pass under the closed span may still
pass at will.
DATES: Effective: This temporary rule is effective from 7 a.m., January
16, 1995 through 7 a.m., April 1, 1995. Comments must be received on or
before February 22, 1995.
ADDRESSES: Comments may be mailed to Commander (obr), First Coast Guard
District, Building 135A, Governors Island, New York, 10004-5073, or may
be hand delivered to the same address between 7 a.m. and 4 p.m., Monday
through Friday, except federal holidays. The telephone number is (212)
668-7170. The comments will become part of this docket and will be
available for inspection and copying by appointment at the above
address.
FOR FURTHER INFORMATION CONTACT: Waverly W. Gregory, Project Manager,
Bridge Branch, (212) 668-7170.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written views, comments, data, or
arguments. Persons submitting comments should include their name and
address, identify the bridge, this rulemaking (CGD01-94-164), the
specific section of this temporary regulation to which each comment
applies, and give reasons for concurrence with or any recommended
changes to the rule.
A comment period shorter than the normal 60 days is considered
adequate for interested persons in the locality to suggest any changes
that should be made to this temporary rule. Preliminary input from
marine interests indicate that they have no objections provided the
work is completed before April 1, 1995. The Coast Guard requests that
all comments and attachments be submitted in an unbound format no
larger than 8\1/2\'' by 11'', suitable for copying and electronic
filing. If that is not practical, a second copy of any bound material
is requested. Persons desiring acknowledgment that their comments have
been received should enclose a stamped, self-addressed post card or
envelope.
The Coast Guard will consider all comments received during the
comment period, and may change this temporary regulation in light of
comments received.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the Project Manager at the address under
ADDRESSES. The request should include reasons why a hearing would be
beneficial. If the Coast Guard determines that the opportunity for oral
presentations will aid this rulemaking, the Coast Guard will hold a
public hearing at a time and place announced by a later notice in the
Federal Register.
Drafting Information
The drafters of this notice are Mr. John W. McDonald, Bridge
Management Specialist, Bridge Branch, and Lieutenant Commander Samuel
R. Watkins, Project Counsel, District Legal Office.
Background and Purpose
The Route 2 Bridge, built circa 1952, over Lake Champlain between
North Hero and Grand Isle, Vermont, has a vertical clearance of 13 feet
above mean high water (MHW) and 18 feet above mean low water (MLW).
The VAOT requested that emergency repair work be conducted as a
result of difficulties encountered while opening and closing the bridge
during the summer of 1993. A Coast Guard letter of approval with
conditions was issued in October, 1993 to perform emergency repairs on
the bridge. Due to contractual difficulties, a final contract was not
awarded until September 1994. The contractor requested that the Coast
Guard grant a closure beginning December 1, 1994 and ending on April 1,
1995. Further discussions with the contractor resulted in a subsequent
request for a closed period from January 16, 1995 through April 1,
1995. The final agreement to close the bridge beginning on January 16,
1995 did not [[Page 4378]] allow sufficient time to receive comments
prior to the effective date of the closure. The decision to proceed
directly to a final temporary regulation was considered because of the
urgent need for bridge repairs and the fact that the boating season has
concluded. The waterway is generally frozen during the months that this
temporary regulation will be in effect.
Discussion of Amendments
The temporary regulations will revise the current regulations for
seventy five (75) days and allow the bridge to remain in the closed
position at all times beginning at 7 a.m. on January 16, 1995 and
ending at 7 a.m. on April 1, 1995. The temporary regulations are issued
pursuant to 33 CFR 117.35. The VAOT requested the closure to remove and
replace the electrical and mechanical systems of the bridge. The
closure of the bridge will prevent vessel transits except for those low
clearance vessels which can pass under the closed span. In 1993 there
was only one bridge opening prior to May 15. There were 3,645 openings
between May 15 and October 15 and four openings after October 15.
An auxiliary motor will be provided during the closure to allow the
bridge to open for emergency situations.
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 been exempted from review 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
final temporary regulation to be so minimal that a full Regulatory
Evaluation, under paragraph 10e of the regulatory policies and
procedures of DOT, is unnecessary. This opinion is based upon the fact
that the closure will be accomplished outside the peak boating season
and when the waterway is generally frozen. This final temporary
regulation will not prevent the passage of vessels that are able to
pass under the closed span.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this final temporary regulation would
have a significant economic impact on a substantial number of small
entities. ``Small entities'' include independently owned and operated
small businesses that are not dominant in their field and that
otherwise qualify as ``small business concerns'' under section 3 of the
Small Business Act (15 U.S.C. 632). Because of the reasons discussed in
the Regulatory Evaluation above, the Coast Guard certifies under 5
U.S.C. 605(b) that this final temporary regulation will not have a
significant economic impact on a substantial number of small entities.
Collection of Information
This final temporary regulation contains no collection of
information requirements under the Paperwork Reduction Act (44 U.S.C.
3501 et seq.).
Federalism
The Coast Guard has analyzed this final temporary regulation in
accordance with the principles and criteria contained in Executive
Order 12612 and it has determined that this regulation does not have
sufficient federalism implications to warrant preparation of a
Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this final
temporary regulation and concluded that, under section 2.B.2.e.(32)(e)
of Commandant Instruction M16475.1B, this 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.
For the reasons set out in the preamble, the Coast Guard is
amending 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; 49 CFR 1.46; 33 CFR 1.05-1(g); section
117.255 also issued under the authority of Pub. L. 102-587, Stat.
5039.
2. In Sec. 117.797, from 7 a.m., January 16, 1995 through 7 a.m.,
April 1, 1995, paragraph (b) is suspended and a new paragraph (e) is
added to read as follows:
Sec. 117.797 Lake Champlain.
* * * * *
(e) The draw of the US2 bridge, mile 91.8 between Sandy Island and
North Hero Island need not open for the passage of any vessel.
3. In Sec. 117.993, from 7 a.m., January 16, 1995 through 7 a.m.,
April 1, 1995, paragraph (b) is suspended and a new paragraph (e) is
added to read as follows:
Sec. 117.993 Lake Champlain.
* * * * *
(e) The draw of the US2 bridge, mile 91.8 between Sandy Island and
North Hero Island need not be opened for the passage of any vessel.
* * * * *
Dated: December 30, 1994.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 95-1291 Filed 1-20-95; 8:45 am]
BILLING CODE 4910-14-M
