[Federal Register Volume 64, Number 218 (Friday, November 12, 1999)]
[Rules and Regulations]
[Pages 61518-61519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29506]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD01-99-087]
RIN 2115-AE47
Drawbridge Operation Regulations: Niantic River, CT
AGENCY: Coast Guard, DOT.
ACTION: Final Rule.
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SUMMARY: The Coast Guard is changing the drawbridge operation
regulations governing the S156 Bridge, mile 0.1, across the Niantic
River, at Niantic, Connecticut. The bridge owner asked the Coast Guard
to change the regulations to require a six-hour advance notice for
openings at night during the winter months because there have been no
requests to open the bridge during that time period. This final rule is
expected to relieve the bridge owner of the burden of crewing the
bridge at all times and still meet the needs of navigation.
DATES: This final rule is effective December 13, 1999.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at the First Coast Guard District Office, 408
Atlantic Avenue, Boston, Massachusetts, 02110, 7 a.m. to 3 p.m., Monday
through Friday, except Federal holidays. The telephone number is (617)
223-8364.
FOR FURTHER INFORMATION CONTACT: John W. McDonald, Project Officer,
First Coast Guard District, (617) 223-8364.
SUPPLEMENTARY INFORMATION:
Regulatory History
On August 13, 1999, the Coast Guard published a notice of proposed
rulemaking entitled Drawbridge Operation Regulations; Niantic River,
Connecticut, in the Federal Register (64 FR 44149). The Coast Guard
received no comments in response to the notice of proposed rulemaking.
No public hearing was requested and none was held.
Background
The S156 Bridge, mile 0.1, across the Niantic River, at Niantic,
Connecticut, has a vertical clearance of 9 feet at mean high water and
12 feet at mean low water.
The existing operating regulations listed at 33 CFR 117.215(b)
require the bridge to open on signal; except that, from 7 a.m. to 8
a.m., and 4 p.m. to 5 p.m., Monday through Friday, except holidays, the
draw shall open only for the passage of commercial vessels.
The owner of the bridge, the Connecticut Department of
Transportation (CONNDOT) has asked the Coast Guard to change the
[[Page 61519]]
regulations to require a six-hour advance notice for openings from 8
p.m. to 4 a.m., December 1 through March 31. The bridge opening log
data for 1998, and 1999, December through March, 8 p.m. to 4 a.m.,
indicate no requests to open the bridge.
Discussion of Comments and Changes
The Coast Guard received no comments in response to the notice of
proposed rulemaking and no changes have been made to this final rule.
Regulatory Evaluation
This final 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 final 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 the bridge has not had any requests to open in 1998 and 1999,
December through March, from 8 p.m. to 4 a.m. Mariners will still be
able to obtain bridge openings during the regulated time period
provided they give six-hour notice.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this final 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 less than
50,000. Therefore, for 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 13132 and has
determined that this final rule does not have federalism implications
under that Order.
Environment
The Coast Guard considered the environmental impact of this final
rule and concluded that, under Section 2.B.2., Figure 2-1, paragraph
(32)(e), of Commandant Instruction M16475.1C, this final rule is
categorically excluded from further environmental documentation because
promulgation of changes to drawbridge regulations have been found to
not have a significant effect on the environment. A written
``Categorical Exclusion Determination'' is not required for this final
rule.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons set out 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; 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 117.215(b) is revised to read as follows:
Sec. 117.215 Niantic River
* * * * *
(b) The draw of the S156 Bridge, mile 0.1, at Niantic, shall open
on signal; except that, from 7 a.m. to 8 a.m., and 4 p.m. to 5 p.m.,
Monday through Friday, except holidays, the draw shall open only for
the passage of commercial vessels. From December 1 through March 31,
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: October 28, 1999.
Robert F. Duncan,
Captain, U.S. Coast Guard Acting Commander, First Coast Guard District
[FR Doc. 99-29506 Filed 11-10-99; 8:45 am]
BILLING CODE 4910-15-P
