[Federal Register Volume 63, Number 40 (Monday, March 2, 1998)]
[Rules and Regulations]
[Pages 10139-10140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5297]


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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: Final rule.

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SUMMARY: The Coast Guard amends the regulations governing the Route 82 
Bridge at mile 16.8 which crosses the Connecticut River, between East 
Haddam and Haddam, Connecticut. The change will provide openings for 
recreational vessels on the hour and half-hour only, from 15 May 
through 31 October between 9 a.m. and 9 p.m. Commercial vessels will 
continue to be granted bridge openings at all times. This change was 
requested by Connecticut Department of Transportation (CONNDOT) to 
provide relief from traffic delays caused by frequent unscheduled 
bridge openings. This action will ease vehicular traffic delays and 
still meet the reasonable needs of navigation.
    This rule also requires 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 
determining if their vessels can pass under the bridges and thereby 
reduce the number of unnecessary openings.

DATES: This final rule is effective April 1, 1998.

ADDRESSES: Documents as indicated in this preamble, except for the 
seven comments commenting on the proposed rulemaking which are missing, 
are available for inspection or copying at the First Coast Guard 
District Office, Battery Park Bldg., New York, New York 10004-5073, 7 
a.m. to 3 p.m., Monday through Friday, except Federal holidays. The 
telephone number is (212) 668-7069.

FOR FURTHER INFORMATION CONTACT:
Mr. J. Arca, project officer, First Coast Guard District, Bridge 
Branch. The telephone number is (212) 668-7069.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    On May 4, 1995, the Coast Guard published a notice of proposed 
rulemaking entitled ``Drawing Operation Regulations; Connecticut River, 
Connecticut'' in the Federal Register (60 FR 22014). The Coast Guard 
received seven letters commenting on the proposed rulemaking. No public 
hearing was requested, and none was held.

Background

    The Route 82 Bridge has vertical clearance of 22' above mean high 
water (MHW) and 25' above mean low water (MLW) in the closed position. 
The Coast Guard previously published a temporary final rule (57 FR 
24191; June 2, 1992) that required the bridge to open for recreational 
vessels on the hour and half-hour only, from 22 May through 31 October, 
1992, between 9 a.m. and 9 p.m. on Fridays, Saturdays, Sundays, and 
Federal holidays. No comments were received during the comment period. 
Upon expiration of the temporary final rule, the bridge reverted to the 
general operating regulation contained in 33 CFR section 117.5 which 
requires drawbridges to open promptly and fully for the passage of 
vessels when a request to open is given. The Town of East Haddam and 
CONNDOT requested that the Coast Guard change the special operating 
regulations for the Route 82 Bridge. The original request was for hour 
and half-hour openings on Fridays, weekends and holidays from 9 a.m. to 
9 p.m. during the recreation boating season. Subsequently, the request 
was expanded to include weekdays to have a uniform schedule every day 
of the week. The new rule will require the Route 82 Bridge to 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 will be required on signal at all times. The rule will 
accommodate the reasonable needs of navigation while providing for the 
needs of land transportation. Clearance gauges are being required to 
assist mariners in determining whether bridge openings will be required 
for passage,

[[Page 10140]]

thereby eliminating unnecessary openings.

Discussion of Comments and Changes

    The Coast Guard received seven comments all in favor of the 
proposal. No changes to the proposed rule have been made.

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 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 
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 commercial vessels are 
unaffected by this rule and that the regulations will not prevent 
recreational boaters from transiting the bridge. The rule will only 
require recreational boaters to adjust their time of arrival for 
openings on the hour and half-hour. The Coast Guard believes this rule 
achieves the requirement of balancing the navigational rights of 
recreational boaters and the needs of land based transportation.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this 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 of less than 
50,000. Therefore, for the 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 12612 and has 
determined that this rule does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under section 2.B.2.e.(34) of Commandant 
Instruction M16475.1B, this final 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.

Regulation

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR part 117 as follows:

PART 117--[AMENDED]

    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-Portland 
Bridge, mile 32.0, shall provide, and keep in good legible condition, 
clearance gauges with figures not less than twelve (12) inches which 
designed, installed and maintained according to the provisions of 
Sec. 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 non-commercial vessels that cannot pass 
under the closed draws, 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: February 12, 1998.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 98-5297 Filed 2-27-98; 8:45 am]
BILLING CODE 4910-14-M