[Federal Register Volume 64, Number 156 (Friday, August 13, 1999)]
[Proposed Rules]
[Pages 44147-44148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20954]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-99-085]
RIN 2115-AE47


Drawbridge Operation Regulations; Housatonic 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 3.5, across the Housatonic River in 
Stratford, Connecticut. The bridge owner asked the Coast Guard to 
change the regulations to require a six hour advance notice for 
openings at night during the winter months because there have been few 
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.

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, 
identifying this rulemaking (CGD01-99-085) 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 3.5, across the Housatonic River, in 
Stratford, Connecticut, has a vertical clearance of 32 feet at mean 
high water and 37 feet at mean low water.
    The existing operating regulations listed at 33 CFR 117.207(a) for 
the bridge require it to open on signal; except that, from 7 a.m. to 9 
a.m., Monday through Friday and 4 p.m. to 5:45 p.m. daily, the draw 
need not be opened for the passage of vessels.
    The owner of the bridge, the Connecticut Department of 
Transportation (CONNDOT) has asked the Coast Guard to change the 
regulations to require a six-hour advance notice for openings from 8 
p.m. to 4 a.m., December 1 through March 31. The bridge opening log 
data for 1998 and 1999, December 1 through March 31, from 8 p.m. to 4 
a.m. indicate the following number of openings: December 1, N/A, 
January 5, 6, February 4, 3, March 0, 3, respectively.

Discussion of Proposal

    The Coast Guard proposes to revise the operating rules, listed at 
33 CFR 117.207(a), which govern the US 1 Bridge, mile 3.5, across the 
Housatonic River. This change will require the bridge to open on 
signal; except that, from 7 a.m. to 9 a.m., Monday through Friday and 4 
p.m. to 5:45 p.m. daily, the draw need not be opened for the passage of 
vessels. From December 1 through March 31, from 8 p.m. to 4 a.m., the 
draw shall open on signal if at least six-hour advance notice is given. 
This proposal will relieve the bridge owner of the requirement to crew 
the bridge at night during the winter months while meeting the 
reasonable needs of navigation.
    The Coast Guard believes this proposal is reasonable based upon the 
low number of opening requests at night during the winter months.

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 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 many 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, 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

[[Page 44148]]

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, 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 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 have been found not to 
have a significant effect on the environment. A written ``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.

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 117.207(a) is revised to read as follows:


Sec. 117.207  Housatonic River

    (a) The draw of the US 1 Bridge, mile 3.5, at Stratford, shall open 
on signal; except that, from 7 a.m. to 9 a.m., Monday through Friday, 
and 4 p.m. to 5:45 p.m. daily, the draw need not open for the passage 
of vessels. From December 1 through March 31, 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. 99-20954 Filed 8-12-99; 8:45 am]
BILLING CODE 4910-15-M