[Federal Register Volume 64, Number 5 (Friday, January 8, 1999)]
[Proposed Rules]
[Pages 1155-1157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-387]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-98-032]
RIN 2115-AE47


Drawbridge Operation Regulations; Lake Champlain, NY and VT

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the operating regulations 
for the US2 Bridge, mile 91.8, between South Hero Island and North Hero 
Island over Lake Champlain in Vermont. This change is proposed to 
relieve vehicular traffic congestion at the bridge due to frequent 
openings during the height of the boating season. It is expected that 
the proposed bridge operating regulations will better balance the needs 
of vehicular traffic and the needs of navigation during peak traffic 
hours.

DATES: Comments must be received by the Coast Guard on or before March 
9, 1999.

ADDRESSES: You may mail comments to Commander (obr), First Coast Guard 
District, 408 Atlantic Avenue, Boston, Ma. 02110-3350, or deliver them 
to the same address between 7 a.m. and 4 p.m., Monday through Friday, 
except Federal holidays. The telephone number is (617) 223-8364. The 
First Coast Guard District Bridge Branch maintains the public docket 
for this rulemaking. Comments and documents as indicated in this 
preamble will become part of this docket and will be available for 
inspection or copying at the above address 7 a.m. to 3 p.m. Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:
John W. McDonald, Project Officer, First Coast Guard District, (617) 
223-8364.

SUPPLEMENTARY INFORMATION:

[[Page 1156]]

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this matter by submitting written data, views, or arguments. Persons 
submitting comments should include their names and addresses, identify 
this rulemaking (CGD01-98-032) and specific section of this proposal to 
which their comments apply, and give reasons for each comment. Please 
submit two copies of all comments and attachments in an unbound format, 
no larger than 8\1/2\ by 11 inches, suitable for copying and electronic 
filing. Persons wanting acknowledgment of receipt of comments should 
enclose a stamped, self-addressed postcard or envelope.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in response to comments 
received. The Coast Guard does not plan to hold a public hearing; 
however, persons may request a public hearing by writing to the Coast 
Guard at the address listed under ADDRESSES. The request should include 
the reasons why a hearing would be beneficial. If it is determined 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 subsequent notice published in the Federal Register.

Background

    The US2 Bridge, mile 91.8, over Lake Champlain in Vermont, has a 
vertical clearance of 4.7 feet at mean high water and 9.7 feet at mean 
low water.
    The current operating regulations published in both 33 CFR 
117.993(b) and 117.797(b) require the bridge to open from May 15 
through October 15, on signal from 7 a.m. to 9 p.m., on four hours 
advance notice from 9 p.m. to 7 a.m., and on twenty four hours advance 
notice from October 16 through May 14.
    This published operating schedule, from May 15 to October 15, 7 
a.m. to 9 p.m., was too disruptive on the great deal of vehicular 
traffic that used the US2 Bridge. Vehicular delay and congestion at the 
bridge due to openings was a significant problem. Several years ago, 
without the Coast Guard's knowledge, the bridge owner, Grand Isle 
County residents, and Grand Isle County mariners met to try to develop 
a bridge operating schedule that was less disruptive to vehicular 
traffic than the published regulations. The schedule developed at this 
meeting changed the May 15 to October 15 on call operating hours to 8 
a.m. to 8 p.m. and restricted openings to on the hour and half-hour. 
The 4 hour advance notice period changed to 8 p.m. to 8 a.m., but the 
schedule for October 16 to May 14 remained the same. The bridge owner 
adopted the schedule and has operated the US2 Bridge under it for 
several years.
    The Coast Guard recently learned that the US2 Bridge was not 
operating in accordance with the published requirements from May 15 to 
October 15 and directed the bridge owner to operate the bridge 
according to 33 CFR 117.993(b). After receiving the Coast Guard's 
direction to operate the US2 Bridge in accordance with 33 CFR 
117.993(b), the bridge owner submitted a request to change the 
operating regulations to allow the bridge to operate in accordance with 
the schedule developed at the meeting.
    Based upon bridge opening data, vehicle traffic counts, and that 
the bridge has been operating under the proposed schedule for several 
years without noted problems, the Coast Guard has determined that the 
proposed operating regulations balance the needs of navigation and 
vehicular traffic.

Openings on the Hour and Half Hour

    The Coast Guard has determined that the change from immediate on 
signal openings to openings on the hour and half hour balances the 
needs of navigation and vehicular traffic. In 1998, from May 15 through 
October 15, 8 a.m. to 8 p.m., there were 1,125 openings with 2,917 
boats passing through, for an average of 2.6 boats per opening. In 
1997, during the same time period, there were 1,122 openings with 2,551 
boats passing through, for an average of 2.3 boats per opening. This 
data suggests that if the bridge opened on signal versus on the hour 
and half hour, there could have been over 2,000 openings during those 
time periods. Restricting bridge openings from those time periods. 
Restricting bridge openings from on signal to on the hour and half hour 
effectively reduced the number of openings while it only added, at 
most, a 30 minute delay for boaters who requested an opening.
    This restriction on openings has clear benefits to vehicular 
traffic because in May 1998, an average of 2,402 vehicles per day used 
the bridge from 8 a.m. to 8 p.m., and in July 1998, an average of 3,439 
vehicles per day used the bridge from 8 a.m. to 8 p.m. Based on the 
above, the Coast Guard has determined that restricting bridge openings 
from on signal to on signal on the hour and half hour balances the 
needs of navigation and vehicular traffic.

Decrease in Operating Hours

    The Coast Guard has determined that changing the on call operating 
hours from 7 a.m. to 9 p.m., May 15 through October 15, to 8 a.m. to 8 
p.m., May 15 through October 15, balances the needs of navigation and 
vehicular traffic. The Coast Guard does not have relevant bridge log 
data from 7 a.m. to 8 a.m. and from 8 p.m. to 9 p.m. to help determine 
whether the proposed change is reasonable because the bridge has been 
operating from 8 a.m. to 8 p.m. over the past several years. However, 
based on an analysis of the bridge log data from 8 a.m. to 9 a.m. and 
from 7 p.m. to 8 p.m., the Coast Guard is confident that changing on 
call hours to 8 a.m. to 8 p.m. is reasonable.
    In 1998, from May 15 through October 15, 8 a.m. to 8 p.m., there 
were 1,125 openings, and 1,064 of those openings (94.6%) occurred 
between 9 a.m. and 7 p.m. Similarly, in 1997 during the same periods, 
96.2% of bridge openings occurred between 9 a.m. and 7 p.m. Based on 
the above data, the Coast Guard concludes the needs of navigation 
between 7 a.m. to 8 a.m. and 8 p.m. to 9 p.m. would also not be 
significant if the bridge operated under the current operating 
regulations.
    Vehicular traffic will benefit from the proposed restriction on 
operating hours. In 1997 and 1998, over 150 vehicles per day used the 
bridge between 7 a.m. and 8 a.m., and over 130 vehicles per day used 
the bridge between 8 p.m. and 9 p.m. Relatively few bridge openings are 
requested during hours that there is significant vehicular traffic. 
Based on the above, the Coast Guard has determined it is reasonable to 
change the US2 Bridge's operating hours from 7 a.m. to 9 p.m., May 15 
through October 15, to 8 a.m. to 8 p.m., May 15 through October 15.
    The Coast Guard did consider leaving the bridge operating 
regulations unchanged. This alternative was rejected because openings 
could effectively double, based on average boats per opening, from what 
they were in 1997 and 1998 during hours when vehicle traffic is at its 
peak. Doubling the number of openings during peak traffic hours would 
have a substantial negative impact on vehicular traffic. The Coast 
Guard also realizes that the US2 Bridge has been operating over the 
past several years under this proposed operating schedule, and all 
indications lead the Coast Guard to believe that this proposed 
operating schedule balances the needs of navigation and vehicular 
traffic.

[[Page 1157]]

Discussion of Proposal

    The Coast Guard proposes to change the Code of Federal Regulations 
by revising Sec. 117.993(b) and Sec. 117.797(b). The proposed hours of 
operation were determined as a result of discussions between the 
Vermont Agency of Transportation, Grand Isle County residents, and the 
mariners located in Grand Isle County.
    The proposed change will allow the bridge to open on signal on the 
hour and half hour from May 15 through October 15 from 8 a.m. to 8 
p.m., daily. From May 15 to October 15 from 8 p.m. to 8 a.m. the bridge 
shall open on signal after four hour advance notice is given by calling 
the number posted at the bridge. From October 16 to May 14 the bridge 
will open on signal after a 24 hour advance notice is given by calling 
the number posted at the bridge. This action is expected to help reduce 
traffic congestion created when the bridge opens on signal from May 15 
to October 15.

Regulatory Evaluation

    This proposed 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; Feb. 26, 1979). The Coast Guard expects the economic impact 
of this proposed rule to be some 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 been operating unofficially on this proposed 
schedule for several years and the Coast Guard has not received any 
comments or complaints to date regarding this operating schedule for 
the bridge. The Coast Guard believes this proposed rule will promulgate 
a more balanced schedule of operation and still meet the needs of 
navigation.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considers whether this proposed rule, if adopted, 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 the reasons discussed in 
the Regulatory Evaluation section above, the Coast Guard certifies 
under 5 U.S.C. 605(b) of the Regulatory Flexibility Act that this 
proposed rule, if adopted, will not have a significant economic impact 
on a substantial number of small entities. If, however, you think that 
your business or organization qualifies as a small entity and that this 
proposed rule will have a significant economic impact on your business 
or organization, please submit a comment (see ADDRESSES) explaining why 
you think it qualifies and in what way and to what degree this proposed 
rule will economically affect it.

Collection of Information

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

Environment

    The Coast Guard considered the environmental impact of this 
proposed rule and concluded that, under Figure 2-1, paragraph 32(e), of 
Commandant Instruction M16475.1C, this proposed rule is categorically 
excluded from further environmental documentation because promulgation 
of changes to drawbridge regulations have been found not to have a 
significant effect on the environment. A written ``Categorical 
Exclusion Determination'' is not required for this proposed rule.

List of Subjects in 33 CFR part 117

    Bridges.

Regulations

    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. Revise Sec. 117.993(b) to read as follows:


Sec. 117.993  Lake Champlain.

* * * * *
    (b) The draw of the US2 Bridge, mile 91.8, over Lake Champlain, 
between South Hero Island and North Hero Island, shall operate as 
follows:
    (1) The draw shall open on signal on the hour and the half hour 
from May 15 through October 15 from 8 a.m. to 8 p.m. daily.
    (2) The draw shall open on signal from May 15 through October 15 
from 8 p.m. to 8 a.m. if at least four hours notice is given by calling 
the number posted at the bridge.
    (3) The draw shall open on signal from October 16 through May 14 if 
at least twenty four hours notice is given by calling the number posted 
at the bridge.
* * * * *
    3. Revise Sec. 117.797(b) to read as follows:


Sec. 117.797  Lake Champlain.

* * * * *
    (b) The draw of the US2 Bridge, mile 91.8, over Lake Champlain, 
between South Hero Island and North Hero Island, shall operate as 
follows:
    (1) The draw shall open on signal on the hour and the half hour 
from May 15 through October 15 from 8 a.m. to 8 p.m. daily.
    (2) The draw shall open on signal from May 15 through October 15 
from 8 p.m. to 8 a.m. if at least four hours notice is given by calling 
the number posted at the bridge.
    (3) The draw shall open on signal from October 16 through May 14 if 
at least twenty four hours notice is given by calling the number posted 
at the bridge.
* * * * *
    Dated: December 3, 1998.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 99-387 Filed 1-7-99; 8:45 am]
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