Drawbridge Operation Regulations; Niantic River, CT

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-99-087]

RIN 2115-AE47

Drawbridge Operation Regulations; Niantic 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

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S156 Bridge, mile 0.1, across the Niantic River, at Niantic,

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 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.

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 (CGD01-99-087) 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 S156 Bridge, mile 0.1, across the Niantic River, at Niantic,

Connecticut, has a vertical clearance of 9 feet at mean high water and

12 feet at mean low water.

The existing operating regulations listed at 33 CFR 117.215(b)

require the bridge to open on signal; except that, from 7 a.m. to 8

a.m., and 4 p.m. to 5 p.m., Monday through Friday, except holidays, the

draw shall open only for the passage of commercial 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 through March, 8 p.m. to 4 a.m.,

indicate no requests to open the bridge.

Discussion of Proposal

The Coast Guard proposes to revise the operating rules, listed at

33 CFR 117.215(b), which govern the S156 Bridge, mile 0.1, across the

Niantic River. This change will require the bridge to open on signal;

except that, from 7 a.m. to 8 a.m., and from 4 p.m. to 5 p.m., Monday

through Friday, except holidays, the draw shall open only for the

passage of commercial 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 because there

have been no requests to open the bridge 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 any requests to open in 1998 and 1999,

December through March, from 8 p.m. to 4 a.m. 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 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. 2501 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

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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 117.215(b) is revised to read as follows:

Sec. 117.215 Niantic River.

* * * * *

(b) The draw of the S156 Bridge, mile 0.1, at Niantic, shall open

on signal; except that, from 7 a.m. to 8 a.m., and 4 p.m. to 5 p.m.,

Monday through Friday, except holidays, the draw shall open only for

the passage of commercial 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. 99-20957 Filed 8-12-99; 8:45 am]

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