[Federal Register Volume 64, Number 5 (Friday, January 8, 1999)]
[Proposed Rules]
[Pages 1155-1157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-387]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD01-98-032]
RIN 2115-AE47
Drawbridge Operation Regulations; Lake Champlain, NY and VT
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the operating regulations
for the US2 Bridge, mile 91.8, between South Hero Island and North Hero
Island over Lake Champlain in Vermont. This change is proposed to
relieve vehicular traffic congestion at the bridge due to frequent
openings during the height of the boating season. It is expected that
the proposed bridge operating regulations will better balance the needs
of vehicular traffic and the needs of navigation during peak traffic
hours.
DATES: Comments must be received by the Coast Guard on or before March
9, 1999.
ADDRESSES: You may mail comments to Commander (obr), First Coast Guard
District, 408 Atlantic Avenue, Boston, Ma. 02110-3350, or deliver them
to the same address between 7 a.m. and 4 p.m., Monday through Friday,
except Federal holidays. The telephone number is (617) 223-8364. The
First Coast Guard District Bridge Branch maintains the public docket
for this rulemaking. Comments and documents as indicated in this
preamble will become part of this docket and will be available for
inspection or copying at the above address 7 a.m. to 3 p.m. Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
John W. McDonald, Project Officer, First Coast Guard District, (617)
223-8364.
SUPPLEMENTARY INFORMATION:
[[Page 1156]]
Request for Comments
The Coast Guard encourages interested persons to participate in
this matter by submitting written data, views, or arguments. Persons
submitting comments should include their names and addresses, identify
this rulemaking (CGD01-98-032) and specific section of this proposal to
which their comments apply, and give reasons for each comment. Please
submit two copies of all comments and attachments in an unbound format,
no larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. Persons wanting acknowledgment of receipt of comments should
enclose a stamped, self-addressed postcard or envelope.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in response to comments
received. The Coast Guard does not plan to hold a public hearing;
however, persons may request a public hearing by writing to the Coast
Guard at the address listed under ADDRESSES. The request should include
the reasons why a hearing would be beneficial. If it is determined 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 subsequent notice published in the Federal Register.
Background
The US2 Bridge, mile 91.8, over Lake Champlain in Vermont, has a
vertical clearance of 4.7 feet at mean high water and 9.7 feet at mean
low water.
The current operating regulations published in both 33 CFR
117.993(b) and 117.797(b) require the bridge to open from May 15
through October 15, on signal from 7 a.m. to 9 p.m., on four hours
advance notice from 9 p.m. to 7 a.m., and on twenty four hours advance
notice from October 16 through May 14.
This published operating schedule, from May 15 to October 15, 7
a.m. to 9 p.m., was too disruptive on the great deal of vehicular
traffic that used the US2 Bridge. Vehicular delay and congestion at the
bridge due to openings was a significant problem. Several years ago,
without the Coast Guard's knowledge, the bridge owner, Grand Isle
County residents, and Grand Isle County mariners met to try to develop
a bridge operating schedule that was less disruptive to vehicular
traffic than the published regulations. The schedule developed at this
meeting changed the May 15 to October 15 on call operating hours to 8
a.m. to 8 p.m. and restricted openings to on the hour and half-hour.
The 4 hour advance notice period changed to 8 p.m. to 8 a.m., but the
schedule for October 16 to May 14 remained the same. The bridge owner
adopted the schedule and has operated the US2 Bridge under it for
several years.
The Coast Guard recently learned that the US2 Bridge was not
operating in accordance with the published requirements from May 15 to
October 15 and directed the bridge owner to operate the bridge
according to 33 CFR 117.993(b). After receiving the Coast Guard's
direction to operate the US2 Bridge in accordance with 33 CFR
117.993(b), the bridge owner submitted a request to change the
operating regulations to allow the bridge to operate in accordance with
the schedule developed at the meeting.
Based upon bridge opening data, vehicle traffic counts, and that
the bridge has been operating under the proposed schedule for several
years without noted problems, the Coast Guard has determined that the
proposed operating regulations balance the needs of navigation and
vehicular traffic.
Openings on the Hour and Half Hour
The Coast Guard has determined that the change from immediate on
signal openings to openings on the hour and half hour balances the
needs of navigation and vehicular traffic. In 1998, from May 15 through
October 15, 8 a.m. to 8 p.m., there were 1,125 openings with 2,917
boats passing through, for an average of 2.6 boats per opening. In
1997, during the same time period, there were 1,122 openings with 2,551
boats passing through, for an average of 2.3 boats per opening. This
data suggests that if the bridge opened on signal versus on the hour
and half hour, there could have been over 2,000 openings during those
time periods. Restricting bridge openings from those time periods.
Restricting bridge openings from on signal to on the hour and half hour
effectively reduced the number of openings while it only added, at
most, a 30 minute delay for boaters who requested an opening.
This restriction on openings has clear benefits to vehicular
traffic because in May 1998, an average of 2,402 vehicles per day used
the bridge from 8 a.m. to 8 p.m., and in July 1998, an average of 3,439
vehicles per day used the bridge from 8 a.m. to 8 p.m. Based on the
above, the Coast Guard has determined that restricting bridge openings
from on signal to on signal on the hour and half hour balances the
needs of navigation and vehicular traffic.
Decrease in Operating Hours
The Coast Guard has determined that changing the on call operating
hours from 7 a.m. to 9 p.m., May 15 through October 15, to 8 a.m. to 8
p.m., May 15 through October 15, balances the needs of navigation and
vehicular traffic. The Coast Guard does not have relevant bridge log
data from 7 a.m. to 8 a.m. and from 8 p.m. to 9 p.m. to help determine
whether the proposed change is reasonable because the bridge has been
operating from 8 a.m. to 8 p.m. over the past several years. However,
based on an analysis of the bridge log data from 8 a.m. to 9 a.m. and
from 7 p.m. to 8 p.m., the Coast Guard is confident that changing on
call hours to 8 a.m. to 8 p.m. is reasonable.
In 1998, from May 15 through October 15, 8 a.m. to 8 p.m., there
were 1,125 openings, and 1,064 of those openings (94.6%) occurred
between 9 a.m. and 7 p.m. Similarly, in 1997 during the same periods,
96.2% of bridge openings occurred between 9 a.m. and 7 p.m. Based on
the above data, the Coast Guard concludes the needs of navigation
between 7 a.m. to 8 a.m. and 8 p.m. to 9 p.m. would also not be
significant if the bridge operated under the current operating
regulations.
Vehicular traffic will benefit from the proposed restriction on
operating hours. In 1997 and 1998, over 150 vehicles per day used the
bridge between 7 a.m. and 8 a.m., and over 130 vehicles per day used
the bridge between 8 p.m. and 9 p.m. Relatively few bridge openings are
requested during hours that there is significant vehicular traffic.
Based on the above, the Coast Guard has determined it is reasonable to
change the US2 Bridge's operating hours from 7 a.m. to 9 p.m., May 15
through October 15, to 8 a.m. to 8 p.m., May 15 through October 15.
The Coast Guard did consider leaving the bridge operating
regulations unchanged. This alternative was rejected because openings
could effectively double, based on average boats per opening, from what
they were in 1997 and 1998 during hours when vehicle traffic is at its
peak. Doubling the number of openings during peak traffic hours would
have a substantial negative impact on vehicular traffic. The Coast
Guard also realizes that the US2 Bridge has been operating over the
past several years under this proposed operating schedule, and all
indications lead the Coast Guard to believe that this proposed
operating schedule balances the needs of navigation and vehicular
traffic.
[[Page 1157]]
Discussion of Proposal
The Coast Guard proposes to change the Code of Federal Regulations
by revising Sec. 117.993(b) and Sec. 117.797(b). The proposed hours of
operation were determined as a result of discussions between the
Vermont Agency of Transportation, Grand Isle County residents, and the
mariners located in Grand Isle County.
The proposed change will allow the bridge to open on signal on the
hour and half hour from May 15 through October 15 from 8 a.m. to 8
p.m., daily. From May 15 to October 15 from 8 p.m. to 8 a.m. the bridge
shall open on signal after four hour advance notice is given by calling
the number posted at the bridge. From October 16 to May 14 the bridge
will open on signal after a 24 hour advance notice is given by calling
the number posted at the bridge. This action is expected to help reduce
traffic congestion created when the bridge opens on signal from May 15
to October 15.
Regulatory Evaluation
This proposed 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; Feb. 26, 1979). The Coast Guard expects the economic impact
of this proposed rule to be some 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 the bridge has been operating unofficially on this proposed
schedule for several years and the Coast Guard has not received any
comments or complaints to date regarding this operating schedule for
the bridge. The Coast Guard believes this proposed rule will promulgate
a more balanced schedule of operation and still meet the needs of
navigation.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considers whether this proposed rule, if adopted, 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 less than 50,000. Therefore, for the reasons discussed in
the Regulatory Evaluation section above, the Coast Guard certifies
under 5 U.S.C. 605(b) of the Regulatory Flexibility Act that this
proposed rule, if adopted, will not have a significant economic impact
on a substantial number of small entities. If, however, you think that
your business or organization qualifies as a small entity and that this
proposed rule will have a significant economic impact on your business
or organization, please submit a comment (see ADDRESSES) explaining why
you think it qualifies and in what way and to what degree this proposed
rule will economically affect it.
Collection of Information
This proposed 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 proposed rule in accordance with
the principles and criteria contained in Executive Order 12612 and has
determined that this proposed rule does not have sufficient
implications for federalism to warrant the preparation of a Federalism
Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposed rule and concluded that, under Figure 2-1, paragraph 32(e), of
Commandant Instruction M16475.1C, this proposed rule is categorically
excluded from further environmental documentation because promulgation
of changes to drawbridge regulations have been found not to have a
significant effect on the environment. A written ``Categorical
Exclusion Determination'' is not required for this proposed rule.
List of Subjects in 33 CFR part 117
Bridges.
Regulations
For the reasons set out in the preamble, the Coast Guard proposes
to amend 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, 106
Stat. 5039.
2. Revise Sec. 117.993(b) to read as follows:
Sec. 117.993 Lake Champlain.
* * * * *
(b) The draw of the US2 Bridge, mile 91.8, over Lake Champlain,
between South Hero Island and North Hero Island, shall operate as
follows:
(1) The draw shall open on signal on the hour and the half hour
from May 15 through October 15 from 8 a.m. to 8 p.m. daily.
(2) The draw shall open on signal from May 15 through October 15
from 8 p.m. to 8 a.m. if at least four hours notice is given by calling
the number posted at the bridge.
(3) The draw shall open on signal from October 16 through May 14 if
at least twenty four hours notice is given by calling the number posted
at the bridge.
* * * * *
3. Revise Sec. 117.797(b) to read as follows:
Sec. 117.797 Lake Champlain.
* * * * *
(b) The draw of the US2 Bridge, mile 91.8, over Lake Champlain,
between South Hero Island and North Hero Island, shall operate as
follows:
(1) The draw shall open on signal on the hour and the half hour
from May 15 through October 15 from 8 a.m. to 8 p.m. daily.
(2) The draw shall open on signal from May 15 through October 15
from 8 p.m. to 8 a.m. if at least four hours notice is given by calling
the number posted at the bridge.
(3) The draw shall open on signal from October 16 through May 14 if
at least twenty four hours notice is given by calling the number posted
at the bridge.
* * * * *
Dated: December 3, 1998.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 99-387 Filed 1-7-99; 8:45 am]
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