[Federal Register Volume 64, Number 100 (Tuesday, May 25, 1999)]
[Rules and Regulations]
[Pages 28101-28103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13241]


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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 & VT

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing 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 being made to relieve 
vehicular traffic congestion due to frequent bridge openings during the 
boating season. It is expected that this final rule will better balance 
the needs of vehicular traffic and the needs of navigation during peak 
traffic hours by scheduling bridge openings on the hour and half hour.

DATES: This final rule is effective June 24, 1999.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at the First Coast Guard District Office, 408 
Atlantic Avenue, Boston, MA 02110-3350, between 7 a.m. and 2 p.m., 
Monday through Friday, except Federal holidays. The telephone number is 
(617) 223-8364.

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

SUPPLEMENTARY INFORMATION:

Regulatory History

    The Coast Guard published a notice of proposed rulemaking entitled 
Drawbridge Operation Regulations; Lake Champlain, NY and VT, in the 
Federal Register (64 FR 1155) on January 8, 1999. The Coast Guard 
received no letters commenting on the proposed rulemaking. No public 
hearing was requested and none was held.

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 15th 
through October 15th, 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 16th through May 14th.

[[Page 28102]]

    This published operating schedule, from May 15th to October 15th, 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 
15th to October 15th 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 
16th to May 14th 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 15th 
to October 15th 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 had been operating under the new schedule for several years 
without noted problems, the Coast Guard has determined that the 
operating regulations balance the needs of navigation and vehicular 
traffic.
    The Coast Guard has determined that the change from immediate on 
signal openings on the hour and half hour balances the needs of 
navigation and vehicular traffic. In 1998, from May 15th through 
October 15th, 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 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.
    The Coast Guard has determined that changing the on call operating 
hours from 7 a.m. to 9 p.m., May 15th through October 15th, to 8 a.m. 
to 8 p.m., May 15th through October 15th, 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 15th through October 15th, 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 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 15th 
through October 15th, to 8 a.m. to 8 p.m., May 15th through October 
15th.
    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 operating schedule, and all indications 
lead the Coast Guard to believe that this operating schedule balances 
the needs of navigation and vehicular traffic.

Discussion of Comments and Changes

    The Coast Guard received no comments and no changes have been made 
to this final rule.

Regulatory Evaluation

    This final 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 final 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 the bridge has 
been operating unofficially on this 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 final 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. 602 et seq.), the 
Coast Guard considers whether this final 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 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.).

[[Page 28103]]

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 final 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 final 
rule and concluded that, under Figure 2-1, paragraph 32(e), of 
Commandant Instruction N16475.1C, this final 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 final rule.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    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, 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 15th through October 15th from 8 a.m. to 8 p.m. daily.
    (2) The draw shall open on signal from May 15th through October 
15th 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 16th through May 
14th if at least 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 15th through October 15th from 8 a.m. to 8 p.m. daily.
    (2) The draw shall open on signal from May 15th through October 
15th 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 16th through May 
14th if at least four hours notice is given by calling the number 
posted at the bridge.
* * * * *
    Dated: May 13, 1999.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 99-13241 Filed 5-24-99; 8:45 am]
BILLING CODE 4910-01-M