[Federal Register Volume 64, Number 156 (Friday, August 13, 1999)]
[Proposed Rules]
[Pages 44149-44151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20957]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-99-087]
RIN 2115-AE47


Drawbridge Operation Regulations; Niantic 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

[[Page 44150]]

S156 Bridge, mile 0.1, across the Niantic River, at Niantic, 
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 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.

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 (CGD01-99-087) 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 S156 Bridge, mile 0.1, across the Niantic River, at Niantic, 
Connecticut, has a vertical clearance of 9 feet at mean high water and 
12 feet at mean low water.
    The existing operating regulations listed at 33 CFR 117.215(b) 
require the bridge to open on signal; except that, from 7 a.m. to 8 
a.m., and 4 p.m. to 5 p.m., Monday through Friday, except holidays, the 
draw shall open only for the passage of commercial 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 through March, 8 p.m. to 4 a.m., 
indicate no requests to open the bridge.

Discussion of Proposal

    The Coast Guard proposes to revise the operating rules, listed at 
33 CFR 117.215(b), which govern the S156 Bridge, mile 0.1, across the 
Niantic River. This change will require the bridge to open on signal; 
except that, from 7 a.m. to 8 a.m., and from 4 p.m. to 5 p.m., Monday 
through Friday, except holidays, the draw shall open only for the 
passage of commercial 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 because there 
have been no requests to open the bridge 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 any requests to open in 1998 and 1999, 
December through March, from 8 p.m. to 4 a.m. 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 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. 2501 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

[[Page 44151]]

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 117.215(b) is revised to read as follows:


Sec. 117.215  Niantic River.

* * * * *
    (b) The draw of the S156 Bridge, mile 0.1, at Niantic, shall open 
on signal; except that, from 7 a.m. to 8 a.m., and 4 p.m. to 5 p.m., 
Monday through Friday, except holidays, the draw shall open only for 
the passage of commercial 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. 99-20957 Filed 8-12-99; 8:45 am]
BILLING CODE 4910-15-M