[Federal Register Volume 64, Number 156 (Friday, August 13, 1999)]
[Proposed Rules]
[Pages 44145-44147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20953]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD01-99-079]
RIN 2115-AE47
Drawbridge Operation Regulations; Mystic River, CT
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the operating rules
governing the US 1 Bridge, mile 2.8, across the Mystic River in Mystic,
Connecticut. The bridge owner asked the Coast Guard to change the
regulations to require a six hour advance notice for openings in the
evening during the winter months because there have been no requests to
open the bridge during that time period. This rulemaking is expected to
relieve the bridge owner of the burden of crewing the bridge at all
times while meeting the reasonable needs of navigation.
DATES: Comments must reach the Coast Guard on or before October 12,
1999.
[[Page 44146]]
ADDRESSES: You may mail comments to Commander (obr), First Coast Guard
District, 408 Atlantic Avenue, Boston, MA. 02110-3350, or deliver them
at 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: Mr. John W. McDonald, Project Officer,
First Coast Guard District, (617) 223-8364.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking (CG01-99-079) and the specific section of this
document to which each comment applies, and give the reason 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 proposed rule in view of the
comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the address under ADDRESSES. The request
should include the reasons why a hearing would be beneficial. If it
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.
Background
The US 1 Bridge, mile 2.8, across the Mystic River, has a vertical
clearance of 4 feet at mean high water and 7 feet at mean low water.
The existing operating regulations for the bridge listed at 33 CFR
117.211(b) require it to open on signal with a maximum delay of 20
minutes; except, from May 1 through October 31 from 7:15 a.m. to 7:15
p.m., the draw need only open hourly at quarter past the hour, and from
November 1 through April 30 from 7:15 p.m. to 5:15 a.m., the draw shall
open on signal upon eight hours advance notice.
The owner of the bridge, the Connecticut Department of
Transportation (CONNDOT), asked the Coast guard to change the
regulations to require a six-hour advance notice for openings from
November 1 through April 30, 8 p.m. to 4 a.m. This change is less
restrictive than the existing regulations. The bridge opening log data
for 1998 and 1999, November through April, indicate no requests to open
the bridge during the time period 8 p.m. to 4 a.m.
Discussion of Proposal
The Coast Guard proposes to revise the operating rules, listed at
33 CFR 117.211(b)(2), which govern the US 1 Bridge, mile 2.8, cross the
Mystic River. This change will require the bridge to open on signal;
with a maximum delay of 20 minutes; except: (1) From May 1 through
October 31 from 7:15 a.m. to 7:15 p.m., the draw need only open hourly
at quarter past the hour. (2) From November 1 through April 30, from 8
p.m. to 4 a.m., the draw will open on signal if at least a six-hour
advance notice is given. This proposed rule will relieve the bridge
owner of the requirement to crew the bridge during the winter months at
night while meeting the reasonable needs of navigation.
The Coast Guard believes this proposal is reasonable because there
have been no requests to open the bridge during the winter months at
night.
Regulatory Evaluation
This proposed rule is not a significant regulatory action under
station 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 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 the evening during
the winter months. 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 considers whether this proposed rule, adopted, will have a
significant economic impact on a substantial number of small entities.
``Small entities'' include small business, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. Therefore, the Coast Guard certifies under section 5 U.S.C.
605(b), for the reasons discussed in the Regulatory Evaluation section
above, that this proposed rule, it 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 set 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 Section 2.B.2., Figure 2-1,
paragraph (32)(e), of Commandant Instruction M16475.1C, this proposed
rule is categorically excluded from further environmental documentation
because promulgation of drawbridge regulations has been found not to
have a significant effect on the environment. 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.
[[Page 44147]]
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. Section 117.211(b)(2) is revised to read as follows:
Sec. 117.211 Mystic River
* * * * *
(b) * * *
(1) * * *
(2) From November 1 through April 30, 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: July 29, 1999.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 99-20953 Filed 8-12-99; 8:45 am]
BILLING CODE 4910-15-M
