[Federal Register Volume 60, Number 86 (Thursday, May 4, 1995)]
[Proposed Rules]
[Pages 22014-22016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10922]



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DEPARTMENT OF TRANSPORTATION
Coast Guard

33 CFR Part 117

[CGD01-95-009]
RIN 2115-AE47


Drawbridge Operation Regulations; Connecticut River, CT

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing a change to the regulations for 
the Route 82 Bridge at mile 16.8 over the Connecticut River, between 
East Haddam and Haddam, Connecticut. This proposal would provide 
openings for recreational vessels only on the hour and half-hour from 
15 May through 31 October, between 9 a.m. and 9 p.m. Commercial vessels 
would continue to be granted bridge openings at all times. This action 
should ease traffic delays and still meet the reasonable needs of 
navigation.
    This proposal would also require bridge owners to install clearance 
gauges at the AMTRAK Old Saybrook-Old Lyme Bridge, the CONRAIL 
Middletown-Portland Bridge and the Route 82 Bridge to assist mariners 
in [[Page 22015]] determining if their vessels can pass under the 
bridges and thereby reduce the number of unnecessary openings at time 
when the draw is not required to open.
    This change was requested by the Connecticut Department of 
Transportation (CONNDOT) to provide relief from traffic delays caused 
by frequent, unscheduled bridge openings.

DATES: Comments must be received on or before July 3, 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 6:30 a.m. and 3 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:
Gary Kassof, Bridge Administrator, First Coast Guard District, (212) 
668-7069.

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 names and 
addresses, identify this rulemaking (CGD01-95-009), the specific 
section of this proposal to which each comment applies, and give 
reasons for each comment. 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 proposal in light of comments 
received. The Coast Guard plans no public hearing. Persons may request 
a public hearing by writing to Commander (obr), First Coast Guard 
District at the address listed 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. Waverly W. Gregory, Jr., 
Project Manager, Bridge Branch, and Lieutenant Commander Samuel R. 
Watkins, Project Counsel, District Legal Office.

Background and Purpose

    The Route 82 Bridge over the Connecticut River, at mile 16.8 
between East Haddam and Haddam, Connecticut, has vertical clearances of 
22' above mean high water (MHW) and 25' above mean low water (MLW). The 
Coast Guard previously published a temporary final rule (57 FR 24191; 
June 2, 1992) that required the bridge to open for recreational vessels 
only on the hour and half-hour from 22 May through 31 October, 1992 
between 9 a.m. and 9 p.m. on Fridays, Saturdays, Sundays, and federal 
holidays. Interested persons were given until November 13, 1992 to 
submit comments. No comments were received; a public hearing was not 
requested nor was one held.
    Upon the expiration of the temporary final rule in October, 1992, 
the bridge reverted to the general operating regulations contained in 
33 CFR part 117, subpart A. These regulations required the draw to open 
for all vessels on signal at all times. However, in 1993 and 1994, from 
15 May to 15 October, from 9 a.m. to 9 p.m., CONNDOT implemented hourly 
and half-hourly openings for recreational vessels on Saturdays, 
Sundays, and federal holidays without Coast Guard approval.
    The Town of East Haddam and CONNDOT have since requested the Coast 
Guard to consider a change to the special operating regulations for the 
Route 82 Bridge to provide for hourly and half hourly openings from 9 
a.m. to 9 p.m. during the summer.
    In 1993 and 1994, CONNDOT left the signs for the temporary 
regulations from the 1992 season in place, unofficially implementing 
half-hourly openings for recreational vessels from 15 May to 15 
October, between 9 a.m. and 9 p.m., on weekends and federal holidays. 
The Coast Guard has not received any complaints or inquiries concerning 
this unofficial operating schedule implemented during 1993 and 1994.
    The proposed regulations for the Route 82 Bridge would provide 
openings for recreational vessels on the hour and half hour, daily from 
15 May to 31 October, between 9 a.m. and 9 p.m. Openings for commercial 
vessels would be provided on signal at all times.
    Analysis of the bridge logs for 1990, 1991 and 1992 indicated that 
spring and fall transient recreational boating traffic on the weekends 
created the greatest potential for disruption of vehicular traffic due 
to back-to-back openings. Additionally, on Fridays and weekends during 
the summer months there were frequent, untimely openings affecting 
persons attending concerts and plays at the Goodspeed Opera House in 
East Haddam. Analysis of the 1992 and 1993 bridge logs showed that a 
majority of the recreational vessels requiring openings transited the 
bridge on the hour and half hour from Monday through Thursday as well 
as weekends during the summer period.

Discussion of Proposed Amendments

    Under this proposal 33 CFR 117.205 would be revised to remove 
dedundant language and requirements that are included elsewhere in the 
CFR as general Part 117 operating regulations.
    Paragraph (a)(1)(i) and paragraph (a)(1)(ii) from the existing 
regulation would be deleted as unnecessary because trains are now 
controlled by the block method. Under this method the track is divided 
into blocks or segments of a mile or more in length. When a train is in 
a block with a drawbridge, the draw may not open until the train has 
passed out of the block. This requirement is contained in 33 CFR 117.9 
as a general requirement for bridges.
    This proposal would also require bridge owners to install clearance 
gauges at the AMTRAK Old Saybrook-Old Lyme Bridge, the CONRAIL 
Middletown-Portland Bridge and the Route 82 Bridge as part of a new 
paragraph (a). This proposed requirement would assist mariners in 
determining if their vessels can pass under the Route 82 Bridge during 
periods when the draw need not be opened and would eliminate 
unnecessary openings at the other bridges.
    Paragraph (b) in the existing regulations would be revised because 
the requirement to fully open is provided in 33 CFR 117.5 of the 
general operating regulations. The revised paragraph (b) would add the 
proposed regulations to formalize the current, unofficial operating 
regulations at the Route 82 Bridge.

Regulatory Evaluation

    This proposal 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 
[[Page 22016]] and procedures of the Department of Transportation (DOT) 
(44 FR 11040; February 26, 1979). The Coast Guard expects the economic 
impact of this proposal to be so minimal that a full Regulatory 
Evaluation, under paragraph 10e of the regulatory policies and 
procedures of DOT is unnecessary. This is based upon the fact that 
commercial vessels are unaffected by the proposal and that the 
regulations will not prevent recreational boaters from transiting the 
bridge. Rather it will only require them to adjust their time of 
arrival for openings on the hour and half hour.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal, if adopted, will 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 fields 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 action, if adopted, will not have a significant 
economic impact on a substantial number of small entities.

Collection of Information

    This rule 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 proposal in accordance with the 
principles and criteria contained in Executive Order 12612 and it has 
determined that this proposed regulation does not have sufficient 
federalism implications to warrant preparation of a Federalism 
Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that, under section 2.B.2. of Commandant 
Instruction M16475.1B, (as revised by 59 FR 38654, July 29, 1994) this 
proposal is categorically excluded from further environmental 
documentation. A Categorical Exclusion Determination is available in 
the docket for inspection and 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 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 117.205 is revised to read as follows:


Sec. 117.205  Connecticut River.

    (a) The owners of the AMTRAK Old Saybrook-Old Lyme Bridge, mile 
3.4, the Route 82 Bridge, mile 16.8 and the Conrail Middletown Bridge, 
mile 32.0 shall provide, and keep in good legible condition, clearance 
gauges with figures not less than twelve (12) inches high designed, 
installed and maintained according to the provisions of section 118.160 
of this chapter.
    (b) The draws of the AMTRAK Old Saybrook-Old Lyme Bridge, mile 3.4, 
and the CONRAIL Middletown-Portland Bridge, mile 32.0 shall be opened 
as soon as practicable for all noncommercial vessels that cannot pass 
under the closed bridges, but in no case shall the delay be more than 
20 minutes from the time the opening was requested.
    (c) The draw of the Route 82 Bridge, mile 16.8 at East Haddam, 
shall open on signal except that, from 15 May to 31 October between 9 
a.m. and 9 p.m., the draw need open for recreational vessels on the 
hour and half-hour only. The draw shall open on signal for commercial 
vessels at all times.

    Dated: April 19, 1995.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 95-10922 Filed 5-3-95; 8:45 am]
BILLING CODE 4910-14-M