[Federal Register Volume 59, Number 67 (Thursday, April 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8371]


[[Page Unknown]]

[Federal Register: April 7, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD 91-059]
RIN 2115-AE14

 

Drawbridge Operation Regulations, Unnecessary Openings

agency: Coast Guard, DOT.

action: Final rule.

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summary: The Coast Guard amends the regulations that govern the 
nation's drawbridges by clarifying the responsibilities of vessel 
operators requesting drawbridge openings and prohibiting vessel 
operators from signalling for unnecessary drawbridge openings. This 
action is intended to better accommodate the needs of vehicular traffic 
and reduce the wear and tear on draw machinery while still providing 
for the reasonable needs of navigation.

effective date: This rule is effective on May 9, 1994.

addresses: Unless otherwise indicated, documents referenced in this 
preamble are available for inspection and copying at the office of the 
Executive Secretary, Marine Safety Council (G-LRA-2/3046), U.S. Coast 
Guard Headquarters, 2100 Second Street, SW., Washington, DC 20593-0001, 
room 3406, between 8 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. The telephone number is (202) 267-1477 for 
information.

for further information contact: Mr. Larry R. Tyssens, Alterations, 
Regulations and Systems Branch (G-NBR-1), at (202) 267-0376.

SUPPLEMENTARY INFORMATION:

Drafting Information

    The principal persons involved in drafting this document are Mr. 
Larry R. Tyssens, Project Manager, and Ms. Helen Boutrous, Project 
Counsel, Office of Chief Counsel.

Regulatory History

    On July 8, 1993, the Coast Guard published a Notice of Proposed 
Rulemaking (NPRM) entitled ``Drawbridge Operation Regulations, 
Unnecessary Openings'' in the Federal Register (58 FR 36629). In 
addition, the Commander, Eighth Coast Guard District, published the 
proposal in a Public Notice dated July 28, 1993. Opportunity for 
comment on the proposal was provided until August 23, 1993. The Coast 
Guard received 4 letters commenting on the proposal. A public hearing 
was not requested and one was not held.

Background and Purpose

    Currently, 33 CFR 117.11 specifies that no vessel owner or operator 
shall signal a drawbridge to open for any nonstructural vessel 
appurtenance which is not essential to navigation or which is easily 
lowered. This section does not address vessels that have no 
appurtenances and that can pass safely underneath the drawbridge in 
question in the closed position, or vessels which signal for a 
drawbridge opening with no intention of passing through the bridge. 
Under Sec. 117.5, drawtenders are required to open a drawbridge when a 
proper signal is given. Unnecessary drawbridge openings can cause 
vehicular delays and inordinate wear and tear on draw machinery. 
Therefore, it has been determined that there is a need for a regulation 
requiring that vessel owners and operators refrain from requesting such 
unnecessary drawbridge openings. Also, it has been determined that 
defining the terms used in the regulation would provide mariners with 
additional guidance concerning their responsibilities under the 
regulations when requesting the opening of a drawbridge.

Discussion of Comments

    Four letters were received in response to the NPRM. The first 
comment was from a private towing company which stated that their 
business had no problem with the proposed regulation and fully 
supported the change. The second response was from a private statewide 
transportation agency which endorsed the proposed regulation. The third 
response was from the New Jersey Department of Transportation which 
also supported the proposed amendment. The fourth response was from the 
Governor's Office of the State of Florida which has determined that the 
proposed regulation will not significantly affect the coastal water and 
adjacent shorelands of the State of Florida and is therefore consistent 
with the Florida Coastal Management Program. No changes were made to 
the final rule as a result of these comments.

Regulatory Assessment

    This rule is not a significant regulatory action under Executive 
Order 12866 and is not significant under the ``Department of 
Transportation Regulatory Policies and Procedures'' (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
rule to be so minimal that a full Regulatory Assessment is unnecessary. 
This rule is operational in nature and, if adopted, will result in no 
cost to the public.

Small Entities

    This rule requires no new equipment and imposes no additional 
expense on small businesses. Additionally, this rule will decrease 
vehicular delay. Therefore, the Coast Guard certifies under Section 
605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that 
this rule will not have a significant economic impact on a substantial 
number of small entities.

Collection of Information

    This rulemaking 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 rulemaking in accordance with the 
principles and criteria contained in Executive Order 12612 and has 
determined that it does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment. The authority to 
regulate the nation's drawbridges across the navigable rivers and other 
waters of the U.S. has been committed to the Coast Guard by Federal 
statutes. Therefore, the Coast Guard does not expect this rule to raise 
any preemption issues with respect to State actions on the same subject 
matter.

Environment

    The Coast Guard considered the environmental impact of this final 
rule and concluded that under section 2.B.2. of Commandant Instruction 
M16475.1B, this rulemaking is categorically excluded from further 
environmental documentation because it is a Bridge Administration 
Program action involving the promulgation of operating requirements or 
procedures for drawbridges. 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 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 117.4 is added to read as follows:


Sec. 117.4  Definitions.

    Certain terms used in this part are defined in this section.
    Appurtenance. The term ``appurtenance'' means an attachment or 
accessory extending beyond the hull or superstructure that is not an 
integral part of the vessel and is not needed for a vessel's piloting, 
propelling, controlling, or collision avoidance capabilities.
    Lowerable. The term ``lowerable'' means the nonstructural vessel 
appurtenance can be mechanically or manually lowered and raised again. 
The term ``lowerable'' also applies to a nonstructural vessel 
appurtenance which can be modified to make the item flexible, hinged, 
collapsible, or telescopic such that it can be mechanically or manually 
lowered and raised again. Failure to make the modification is 
considered equivalent to refusing to lower a lowerable nonstructural 
appurtenance that is not essential to navigation. Examples of 
appurtenances which are considered to be lowerable include, but are not 
limited to, fishing outriggers, radio antennae, television antennae, 
false stacks, and masts purely for ornamental purposes. Examples of 
appurtenances which are not considered to be lowerable include, but are 
not limited to, radar antennae, flying bridges, sailboat masts, 
piledriver leads, spud frames on hydraulic dredges, drilling derricks' 
substructures and buildings, cranes on drilling or construction 
vessels, or other items of permanent and fixed equipment.
    Nonstructural. The term ``nonstructural'' means that the item is 
not rigidly fixed to the vessel and is thus susceptible to relocation 
or alteration.
    Not essential to navigation. The term ``not essential to 
navigation'' means the nonstructural vessel appurtenance does not 
adversely affect the vessel's piloting, propulsion, control, or 
collision avoidance capabilities when in the lowered position.
    3. Section 117.11 is revised to read as follows:


Sec. 117.11  Unnecessary opening of the draw.

    No vessel owner or operator shall--
    (a) Signal a drawbridge to open if the vertical clearance is 
sufficient to allow the vessel, after all lowerable nonstructural 
vessel appurtenances that are not essential to navigation have been 
lowered, to safely pass under the drawbridge in the closed position; or
    (b) Signal a drawbridge to open for any purpose other than to pass 
through the drawbridge opening.


    Dated: April 1, 1994.
W.J. Ecker,
Rear Admiral, U.S. Coast Guard, Chief, Office of Navigation Safety and 
Waterway Services.
[FR Doc. 94-8371 Filed 4-6-94; 8:45 am]
BILLING CODE 4910-14-M