[Federal Register Volume 59, Number 67 (Thursday, April 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8371]
[[Page Unknown]]
[Federal Register: April 7, 1994]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117
[CGD 91-059]
RIN 2115-AE14
Drawbridge Operation Regulations, Unnecessary Openings
agency: Coast Guard, DOT.
action: Final rule.
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summary: The Coast Guard amends the regulations that govern the
nation's drawbridges by clarifying the responsibilities of vessel
operators requesting drawbridge openings and prohibiting vessel
operators from signalling for unnecessary drawbridge openings. This
action is intended to better accommodate the needs of vehicular traffic
and reduce the wear and tear on draw machinery while still providing
for the reasonable needs of navigation.
effective date: This rule is effective on May 9, 1994.
addresses: Unless otherwise indicated, documents referenced in this
preamble are available for inspection and copying at the office of the
Executive Secretary, Marine Safety Council (G-LRA-2/3046), U.S. Coast
Guard Headquarters, 2100 Second Street, SW., Washington, DC 20593-0001,
room 3406, between 8 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. The telephone number is (202) 267-1477 for
information.
for further information contact: Mr. Larry R. Tyssens, Alterations,
Regulations and Systems Branch (G-NBR-1), at (202) 267-0376.
SUPPLEMENTARY INFORMATION:
Drafting Information
The principal persons involved in drafting this document are Mr.
Larry R. Tyssens, Project Manager, and Ms. Helen Boutrous, Project
Counsel, Office of Chief Counsel.
Regulatory History
On July 8, 1993, the Coast Guard published a Notice of Proposed
Rulemaking (NPRM) entitled ``Drawbridge Operation Regulations,
Unnecessary Openings'' in the Federal Register (58 FR 36629). In
addition, the Commander, Eighth Coast Guard District, published the
proposal in a Public Notice dated July 28, 1993. Opportunity for
comment on the proposal was provided until August 23, 1993. The Coast
Guard received 4 letters commenting on the proposal. A public hearing
was not requested and one was not held.
Background and Purpose
Currently, 33 CFR 117.11 specifies that no vessel owner or operator
shall signal a drawbridge to open for any nonstructural vessel
appurtenance which is not essential to navigation or which is easily
lowered. This section does not address vessels that have no
appurtenances and that can pass safely underneath the drawbridge in
question in the closed position, or vessels which signal for a
drawbridge opening with no intention of passing through the bridge.
Under Sec. 117.5, drawtenders are required to open a drawbridge when a
proper signal is given. Unnecessary drawbridge openings can cause
vehicular delays and inordinate wear and tear on draw machinery.
Therefore, it has been determined that there is a need for a regulation
requiring that vessel owners and operators refrain from requesting such
unnecessary drawbridge openings. Also, it has been determined that
defining the terms used in the regulation would provide mariners with
additional guidance concerning their responsibilities under the
regulations when requesting the opening of a drawbridge.
Discussion of Comments
Four letters were received in response to the NPRM. The first
comment was from a private towing company which stated that their
business had no problem with the proposed regulation and fully
supported the change. The second response was from a private statewide
transportation agency which endorsed the proposed regulation. The third
response was from the New Jersey Department of Transportation which
also supported the proposed amendment. The fourth response was from the
Governor's Office of the State of Florida which has determined that the
proposed regulation will not significantly affect the coastal water and
adjacent shorelands of the State of Florida and is therefore consistent
with the Florida Coastal Management Program. No changes were made to
the final rule as a result of these comments.
Regulatory Assessment
This rule is not a significant regulatory action under Executive
Order 12866 and is not significant under the ``Department of
Transportation Regulatory Policies and Procedures'' (44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
rule to be so minimal that a full Regulatory Assessment is unnecessary.
This rule is operational in nature and, if adopted, will result in no
cost to the public.
Small Entities
This rule requires no new equipment and imposes no additional
expense on small businesses. Additionally, this rule will decrease
vehicular delay. Therefore, the Coast Guard certifies under Section
605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that
this rule will not have a significant economic impact on a substantial
number of small entities.
Collection of Information
This rulemaking 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 rulemaking in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that it does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment. The authority to
regulate the nation's drawbridges across the navigable rivers and other
waters of the U.S. has been committed to the Coast Guard by Federal
statutes. Therefore, the Coast Guard does not expect this rule to raise
any preemption issues with respect to State actions on the same subject
matter.
Environment
The Coast Guard considered the environmental impact of this final
rule and concluded that under section 2.B.2. of Commandant Instruction
M16475.1B, this rulemaking is categorically excluded from further
environmental documentation because it is a Bridge Administration
Program action involving the promulgation of operating requirements or
procedures for drawbridges. 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 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 117.4 is added to read as follows:
Sec. 117.4 Definitions.
Certain terms used in this part are defined in this section.
Appurtenance. The term ``appurtenance'' means an attachment or
accessory extending beyond the hull or superstructure that is not an
integral part of the vessel and is not needed for a vessel's piloting,
propelling, controlling, or collision avoidance capabilities.
Lowerable. The term ``lowerable'' means the nonstructural vessel
appurtenance can be mechanically or manually lowered and raised again.
The term ``lowerable'' also applies to a nonstructural vessel
appurtenance which can be modified to make the item flexible, hinged,
collapsible, or telescopic such that it can be mechanically or manually
lowered and raised again. Failure to make the modification is
considered equivalent to refusing to lower a lowerable nonstructural
appurtenance that is not essential to navigation. Examples of
appurtenances which are considered to be lowerable include, but are not
limited to, fishing outriggers, radio antennae, television antennae,
false stacks, and masts purely for ornamental purposes. Examples of
appurtenances which are not considered to be lowerable include, but are
not limited to, radar antennae, flying bridges, sailboat masts,
piledriver leads, spud frames on hydraulic dredges, drilling derricks'
substructures and buildings, cranes on drilling or construction
vessels, or other items of permanent and fixed equipment.
Nonstructural. The term ``nonstructural'' means that the item is
not rigidly fixed to the vessel and is thus susceptible to relocation
or alteration.
Not essential to navigation. The term ``not essential to
navigation'' means the nonstructural vessel appurtenance does not
adversely affect the vessel's piloting, propulsion, control, or
collision avoidance capabilities when in the lowered position.
3. Section 117.11 is revised to read as follows:
Sec. 117.11 Unnecessary opening of the draw.
No vessel owner or operator shall--
(a) Signal a drawbridge to open if the vertical clearance is
sufficient to allow the vessel, after all lowerable nonstructural
vessel appurtenances that are not essential to navigation have been
lowered, to safely pass under the drawbridge in the closed position; or
(b) Signal a drawbridge to open for any purpose other than to pass
through the drawbridge opening.
Dated: April 1, 1994.
W.J. Ecker,
Rear Admiral, U.S. Coast Guard, Chief, Office of Navigation Safety and
Waterway Services.
[FR Doc. 94-8371 Filed 4-6-94; 8:45 am]
BILLING CODE 4910-14-M
