[Federal Register Volume 64, Number 156 (Friday, August 13, 1999)]
[Proposed Rules]
[Pages 44145-44147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20953]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-99-079]
RIN 2115-AE47


Drawbridge Operation Regulations; Mystic River, CT

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the operating rules 
governing the US 1 Bridge, mile 2.8, across the Mystic River in Mystic, 
Connecticut. The bridge owner asked the Coast Guard to change the 
regulations to require a six hour advance notice for openings in the 
evening during the winter months because there have been no requests to 
open the bridge during that time period. This rulemaking is expected to 
relieve the bridge owner of the burden of crewing the bridge at all 
times while meeting the reasonable needs of navigation.

DATES: Comments must reach the Coast Guard on or before October 12, 
1999.


[[Page 44146]]


ADDRESSES: You may mail comments to Commander (obr), First Coast Guard 
District, 408 Atlantic Avenue, Boston, MA. 02110-3350, or deliver them 
at 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: Mr. John W. McDonald, Project Officer, 
First Coast Guard District, (617) 223-8364.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CG01-99-079) and the specific section of this 
document to which each comment applies, and give the reason 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 proposed rule in view of the 
comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the address under ADDRESSES. The request 
should include the reasons why a hearing would be beneficial. If it 
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.

Background

    The US 1 Bridge, mile 2.8, across the Mystic River, has a vertical 
clearance of 4 feet at mean high water and 7 feet at mean low water.
    The existing operating regulations for the bridge listed at 33 CFR 
117.211(b) require it to open on signal with a maximum delay of 20 
minutes; except, from May 1 through October 31 from 7:15 a.m. to 7:15 
p.m., the draw need only open hourly at quarter past the hour, and from 
November 1 through April 30 from 7:15 p.m. to 5:15 a.m., the draw shall 
open on signal upon eight hours advance notice.
    The owner of the bridge, the Connecticut Department of 
Transportation (CONNDOT), asked the Coast guard to change the 
regulations to require a six-hour advance notice for openings from 
November 1 through April 30, 8 p.m. to 4 a.m. This change is less 
restrictive than the existing regulations. The bridge opening log data 
for 1998 and 1999, November through April, indicate no requests to open 
the bridge during the time period 8 p.m. to 4 a.m.

Discussion of Proposal

    The Coast Guard proposes to revise the operating rules, listed at 
33 CFR 117.211(b)(2), which govern the US 1 Bridge, mile 2.8, cross the 
Mystic River. This change will require the bridge to open on signal; 
with a maximum delay of 20 minutes; except: (1) From May 1 through 
October 31 from 7:15 a.m. to 7:15 p.m., the draw need only open hourly 
at quarter past the hour. (2) From November 1 through April 30, from 8 
p.m. to 4 a.m., the draw will open on signal if at least a six-hour 
advance notice is given. This proposed rule will relieve the bridge 
owner of the requirement to crew the bridge during the winter months at 
night while meeting the reasonable needs of navigation.
    The Coast Guard believes this proposal is reasonable because there 
have been no requests to open the bridge during the winter months at 
night.

Regulatory Evaluation

    This proposed rule is not a significant regulatory action under 
station 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 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 not had any requests to open in the evening during 
the winter months. Mariners will still be able to obtain bridge 
openings during the regulated time period provided they give six-hour 
notice.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considers whether this proposed rule, adopted, will have a 
significant economic impact on a substantial number of small entities. 
``Small entities'' include small business, 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, the Coast Guard certifies under section 5 U.S.C. 
605(b), for the reasons discussed in the Regulatory Evaluation section 
above, that this proposed rule, it 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 set 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 Section 2.B.2., Figure 2-1, 
paragraph (32)(e), of Commandant Instruction M16475.1C, this proposed 
rule is categorically excluded from further environmental documentation 
because promulgation of drawbridge regulations has been found not to 
have a significant effect on the environment. 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.

[[Page 44147]]

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. Section 117.211(b)(2) is revised to read as follows:


Sec. 117.211  Mystic River

* * * * *
    (b) * * *
    (1) * * *
    (2) From November 1 through April 30, from 8 p.m. to 4 a.m., the 
draw shall open on signal if at least six hours notice is given by 
calling the number posted at the bridge.

    Dated: July 29, 1999.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 99-20953 Filed 8-12-99; 8:45 am]
BILLING CODE 4910-15-M