[Federal Register Volume 64, Number 156 (Friday, August 13, 1999)]
[Proposed Rules]
[Pages 44147-44148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20954]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD01-99-085]
RIN 2115-AE47
Drawbridge Operation Regulations; Housatonic 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 3.5, across the Housatonic River in
Stratford, 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 few
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.
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,
identifying this rulemaking (CGD01-99-085) 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 3.5, across the Housatonic River, in
Stratford, Connecticut, has a vertical clearance of 32 feet at mean
high water and 37 feet at mean low water.
The existing operating regulations listed at 33 CFR 117.207(a) for
the bridge require it to open on signal; except that, from 7 a.m. to 9
a.m., Monday through Friday and 4 p.m. to 5:45 p.m. daily, the draw
need not be opened for the passage of vessels.
The owner of the bridge, the Connecticut Department of
Transportation (CONNDOT) has asked the Coast Guard to change the
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 1 through March 31, from 8 p.m. to 4
a.m. indicate the following number of openings: December 1, N/A,
January 5, 6, February 4, 3, March 0, 3, respectively.
Discussion of Proposal
The Coast Guard proposes to revise the operating rules, listed at
33 CFR 117.207(a), which govern the US 1 Bridge, mile 3.5, across the
Housatonic River. This change will require the bridge to open on
signal; except that, from 7 a.m. to 9 a.m., Monday through Friday and 4
p.m. to 5:45 p.m. daily, the draw need not be opened for the passage of
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-hour advance notice is given.
This proposal will relieve the bridge owner of the requirement to crew
the bridge at night during the winter months while meeting the
reasonable needs of navigation.
The Coast Guard believes this proposal is reasonable based upon the
low number of opening requests at night during the winter months.
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 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 many 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, 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
[[Page 44148]]
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, 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 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 have been found not to
have a significant effect on the environment. A written ``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.
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 117.207(a) is revised to read as follows:
Sec. 117.207 Housatonic River
(a) The draw of the US 1 Bridge, mile 3.5, at Stratford, shall open
on signal; except that, from 7 a.m. to 9 a.m., Monday through Friday,
and 4 p.m. to 5:45 p.m. daily, the draw need not open for the passage
of 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: July 29, 1999.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 99-20954 Filed 8-12-99; 8:45 am]
BILLING CODE 4910-15-M
