[Federal Register Volume 60, Number 14 (Monday, January 23, 1995)]
[Rules and Regulations]
[Pages 4377-4378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1291]



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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]
BILLING CODE 4910-14-M