[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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