[Federal Register Volume 64, Number 100 (Tuesday, May 25, 1999)]
[Rules and Regulations]
[Pages 28101-28103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13241]
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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 & VT
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing 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 being made to relieve
vehicular traffic congestion due to frequent bridge openings during the
boating season. It is expected that this final rule will better balance
the needs of vehicular traffic and the needs of navigation during peak
traffic hours by scheduling bridge openings on the hour and half hour.
DATES: This final rule is effective June 24, 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, MA 02110-3350, between 7 a.m. and 2 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
The Coast Guard published a notice of proposed rulemaking entitled
Drawbridge Operation Regulations; Lake Champlain, NY and VT, in the
Federal Register (64 FR 1155) on January 8, 1999. The Coast Guard
received no letters commenting on the proposed rulemaking. No public
hearing was requested and none was held.
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 15th
through October 15th, 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 16th through May 14th.
[[Page 28102]]
This published operating schedule, from May 15th to October 15th, 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
15th to October 15th 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
16th to May 14th 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 15th
to October 15th 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 had been operating under the new schedule for several years
without noted problems, the Coast Guard has determined that the
operating regulations balance the needs of navigation and vehicular
traffic.
The Coast Guard has determined that the change from immediate on
signal openings on the hour and half hour balances the needs of
navigation and vehicular traffic. In 1998, from May 15th through
October 15th, 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 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.
The Coast Guard has determined that changing the on call operating
hours from 7 a.m. to 9 p.m., May 15th through October 15th, to 8 a.m.
to 8 p.m., May 15th through October 15th, 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 15th through October 15th, 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 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 15th
through October 15th, to 8 a.m. to 8 p.m., May 15th through October
15th.
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 operating schedule, and all indications
lead the Coast Guard to believe that this operating schedule balances
the needs of navigation and vehicular traffic.
Discussion of Comments and Changes
The Coast Guard received no comments 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; Feb. 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
been operating unofficially on this 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 final 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. 602 et seq.), the
Coast Guard considers whether this final 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 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.).
[[Page 28103]]
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 final 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 final
rule and concluded that, under Figure 2-1, paragraph 32(e), of
Commandant Instruction N16475.1C, this final 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 final rule.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
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, 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 15th through October 15th from 8 a.m. to 8 p.m. daily.
(2) The draw shall open on signal from May 15th through October
15th 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 16th through May
14th if at least 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 15th through October 15th from 8 a.m. to 8 p.m. daily.
(2) The draw shall open on signal from May 15th through October
15th 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 16th through May
14th if at least four hours notice is given by calling the number
posted at the bridge.
* * * * *
Dated: May 13, 1999.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 99-13241 Filed 5-24-99; 8:45 am]
BILLING CODE 4910-01-M
