Drawbridge Operation Regulations: Pequonnock River, CT

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-99-086]

RIN 2115-AE47

Drawbridge Operation Regulations: Pequonnock River, CT

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the drawbridge operation

regulations governing the Stratford Avenue Bridge, mile 0.1, across the

Pequonnock River at Bridgeport, Connecticut. The bridge owner asked the

Coast Guard to change the regulations to require a six-hour advance

notice for openings during the winter months at night because there

have been few requests to open the bridge during that time period. This

final rule is expected to relieve the bridge owner of the burden of

crewing the bridge at all times and still meet the needs of navigation.

DATES: This final rule is effective December 13, 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, Massachusetts, 02110, 7 a.m. to 3 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

On August 13, 1999, the Coast Guard published a notice of proposed

rulemaking entitled Drawbridge Operation Regulations; Pequonnock River,

Connecticut, in the Federal Register (64 FR 44151). The Coast Guard

received no comments in response to the notice of proposed rulemaking.

No public hearing was requested and none was held.

Background

The Stratford Avenue Bridge, mile 0.1, across the Pequonnock River

at Bridgeport, Connecticut, has a vertical clearance of 8 feet at mean

high water and 14 feet at mean low water.

The existing operating regulations for the bridge listed at 33 CFR

117.219(b) require it to open on signal; except that, from 6:45 a.m. to

7:15 a.m., 7:45 a.m. to 8:15 a.m., 11:45 a.m. to 1:15 p.m., and 4:30

p.m. to 6:10 p.m., the draw need not open 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 notice for openings from December 1

through March 31, 8 p.m. to 4 a.m. The bridge opening log data for

1998, and 1999, December through March, indicate the following number

of openings during the time period, 8 p.m. to 4 a.m.: December 0, N/A,

January 0, 0, February 2, 1, March 1, 2, respectively.

[[Page 61522]]

Discussion of Comments and Changes

The Coast Guard received no comments in response to the notice of

proposed rulemaking 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; February 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 not had many requests to open overnight 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 considered whether this final rule 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.).

Federalism

The Coast Guard has analyzed this final rule in accordance with the

principles and criteria contained in Executive Order 13132 and has

determined that this final rule does not have federalism implications

under that order.

Environment

The Coast Guard considered the environmental impact of this final

rule and concluded that, under section 2.B.2., Figure 2-1, paragraph

(32)(e), of Commandant Instruction M16475.1C, this final rule is

categorically excluded from further environmental documentation because

promulgation of changes to drawbridge regulations have been found to

not 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 amends 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 117.219(b) is revised to read as follows:

Sec. 117.219 Pequonnock River

* * * * *

(b) The Stratford Avenue Bridge, mile 0.1, at Bridgeport, shall

open on signal; except that, from 6:45 a.m. to 7:15 a.m., 7:45 a.m. to

8:15 a.m., 11:45 a.m. to 1:15 p.m., and 4:30 p.m. to 6:10 p.m., 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: October 29, 1999.

R.M. Larrabee,

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

[FR Doc. 99-29503 Filed 11-12-99; 8:45 am]

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