Drawbridge Operation Regulations; Lake Champlain, NY and VT

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-94-164]

RIN 2115-AE47

Drawbridge Operation Regulations; Lake Champlain, NY and VT

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule with request for comments.

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SUMMARY: At the request of the Vermont Agency of Transportation (VAOT),

the Coast Guard is temporarily changing the regulations governing the

Route 2 Bridge over Lake Champlain at mile 91.8 between North Hero and

Grand Isle, Vermont, to allow the bridge to remain in the closed

position for seventy five (75) days from January 16, 1995 to April 1,

1995. This temporary change is being implemented to allow the bridge to

remain in the closed position while major repairs are made to the

bridge. Marine traffic which can pass under the closed span may still

pass at will.

DATES: Effective: This temporary rule is effective from 7 a.m., January

16, 1995 through 7 a.m., April 1, 1995. Comments must be received on or

before February 22, 1995.

ADDRESSES: Comments may be mailed to Commander (obr), First Coast Guard

District, Building 135A, Governors Island, New York, 10004-5073, or may

be hand delivered to the same address between 7 a.m. and 4 p.m., Monday

through Friday, except federal holidays. The telephone number is (212)

668-7170. The comments will become part of this docket and will be

available for inspection and copying by appointment at the above

address.

FOR FURTHER INFORMATION CONTACT: Waverly W. Gregory, Project Manager,

Bridge Branch, (212) 668-7170.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written views, comments, data, or

arguments. Persons submitting comments should include their name and

address, identify the bridge, this rulemaking (CGD01-94-164), the

specific section of this temporary regulation to which each comment

applies, and give reasons for concurrence with or any recommended

changes to the rule.

A comment period shorter than the normal 60 days is considered

adequate for interested persons in the locality to suggest any changes

that should be made to this temporary rule. Preliminary input from

marine interests indicate that they have no objections provided the

work is completed before April 1, 1995. The Coast Guard requests that

all comments and attachments be submitted in an unbound format no

larger than 8\1/2\'' by 11'', suitable for copying and electronic

filing. If that is not practical, a second copy of any bound material

is requested. Persons desiring acknowledgment that their comments have

been received should enclose a stamped, self-addressed post card or

envelope.

The Coast Guard will consider all comments received during the

comment period, and may change this temporary regulation in light of

comments received.

The Coast Guard plans no public hearing. Persons may request a

public hearing by writing to the Project Manager at the address under

ADDRESSES. The request should include reasons why a hearing would be

beneficial. If the Coast Guard 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.

Drafting Information

The drafters of this notice are Mr. John W. McDonald, Bridge

Management Specialist, Bridge Branch, and Lieutenant Commander Samuel

R. Watkins, Project Counsel, District Legal Office.

Background and Purpose

The Route 2 Bridge, built circa 1952, over Lake Champlain between

North Hero and Grand Isle, Vermont, has a vertical clearance of 13 feet

above mean high water (MHW) and 18 feet above mean low water (MLW).

The VAOT requested that emergency repair work be conducted as a

result of difficulties encountered while opening and closing the bridge

during the summer of 1993. A Coast Guard letter of approval with

conditions was issued in October, 1993 to perform emergency repairs on

the bridge. Due to contractual difficulties, a final contract was not

awarded until September 1994. The contractor requested that the Coast

Guard grant a closure beginning December 1, 1994 and ending on April 1,

1995. Further discussions with the contractor resulted in a subsequent

request for a closed period from January 16, 1995 through April 1,

1995. The final agreement to close the bridge beginning on January 16,

1995 did not [[Page 4378]] allow sufficient time to receive comments

prior to the effective date of the closure. The decision to proceed

directly to a final temporary regulation was considered because of the

urgent need for bridge repairs and the fact that the boating season has

concluded. The waterway is generally frozen during the months that this

temporary regulation will be in effect.

Discussion of Amendments

The temporary regulations will revise the current regulations for

seventy five (75) days and allow the bridge to remain in the closed

position at all times beginning at 7 a.m. on January 16, 1995 and

ending at 7 a.m. on April 1, 1995. The temporary regulations are issued

pursuant to 33 CFR 117.35. The VAOT requested the closure to remove and

replace the electrical and mechanical systems of the bridge. The

closure of the bridge will prevent vessel transits except for those low

clearance vessels which can pass under the closed span. In 1993 there

was only one bridge opening prior to May 15. There were 3,645 openings

between May 15 and October 15 and four openings after October 15.

An auxiliary motor will be provided during the closure to allow the

bridge to open for emergency situations.

Regulatory Evaluation

This 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 been exempted from review 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 temporary regulation to be so minimal that a full Regulatory

Evaluation, under paragraph 10e of the regulatory policies and

procedures of DOT, is unnecessary. This opinion is based upon the fact

that the closure will be accomplished outside the peak boating season

and when the waterway is generally frozen. This final temporary

regulation will not prevent the passage of vessels that are able to

pass under the closed span.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard considered whether this final temporary regulation would

have a significant economic impact on a substantial number of small

entities. ``Small entities'' include independently owned and operated

small businesses that are not dominant in their field and that

otherwise qualify as ``small business concerns'' under section 3 of the

Small Business Act (15 U.S.C. 632). Because of the reasons discussed in

the Regulatory Evaluation above, the Coast Guard certifies under 5

U.S.C. 605(b) that this final temporary regulation will not have a

significant economic impact on a substantial number of small entities.

Collection of Information

This final temporary regulation 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 final temporary regulation in

accordance with the principles and criteria contained in Executive

Order 12612 and it has determined that this regulation does not have

sufficient federalism implications to warrant preparation of a

Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this final

temporary regulation and concluded that, under section 2.B.2.e.(32)(e)

of Commandant Instruction M16475.1B, this rule is categorically

excluded from further environmental documentation. 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 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, Stat.

5039.

2. In Sec. 117.797, from 7 a.m., January 16, 1995 through 7 a.m.,

April 1, 1995, paragraph (b) is suspended and a new paragraph (e) is

added to read as follows:

Sec. 117.797 Lake Champlain.

* * * * *

(e) The draw of the US2 bridge, mile 91.8 between Sandy Island and

North Hero Island need not open for the passage of any vessel.

3. In Sec. 117.993, from 7 a.m., January 16, 1995 through 7 a.m.,

April 1, 1995, paragraph (b) is suspended and a new paragraph (e) is

added to read as follows:

Sec. 117.993 Lake Champlain.

* * * * *

(e) The draw of the US2 bridge, mile 91.8 between Sandy Island and

North Hero Island need not be opened for the passage of any vessel.

* * * * *

Dated: December 30, 1994.

J.L. Linnon,

Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.

[FR Doc. 95-1291 Filed 1-20-95; 8:45 am]

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