[Federal Register Volume 71, Number 232 (Monday, December 4, 2006)]
[Rules and Regulations]
[Pages 70305-70312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-9517]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2001-10881]
RIN 1625-AA36


Drawbridge Operation Regulations; Amendment

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard revises its drawbridge regulations by 
lengthening the period for which a deviation from published bridge 
opening requirements is authorized, and by reorganizing and clarifying 
some provisions. These changes promote intermodal mobility, safety, and 
security while balancing the reasonable needs of land and marine 
traffic.

DATES: This rule is effective January 3, 2007.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2001-10881 and are available for inspection or 
copying at the Docket Management Facility, U.S. Department of 
Transportation, room PL-401, 400 Seventh Street, SW., Washington, DC, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. You may also find this docket on the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Chris Jaufmann, Office of Bridge 
Administration, United States Coast Guard Headquarters, 202-372-1511. 
If you have questions on viewing or submitting material to the docket, 
call Renee V. Wright, Program Manager, Dockets Operations, Department 
of Transportation, telephone 202-493-0402.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On April 17, 2003, we published a notice of proposed rulemaking 
(NPRM) for this rulemaking (68 FR 18922). We received 11 letters 
commenting on the NPRM. All comments were addressed in a supplemental 
notice of proposed rulemaking (SNPRM) published in the Federal Register 
on May 17, 2006 (71 FR 28629). No comments were received regarding the 
SNPRM. No public meeting was requested and none was held.

Background and Purpose

    The last major update to the drawbridge regulations in 33 CFR Part 
117 was in 1984. The Coast Guard determined that updates and 
clarifications to the present regulations are necessary to meet the 
competing needs of land and navigational traffic as well as meeting the 
needs of bridges that have become structurally deficient and 
functionally obsolete.

Discussion of Changes

    The changes made by this final rule are grouped by subject and 
discussed below.

Deviations

    At present, the Coast Guard has two deviations that allow bridge 
owners to change operating schedules for 60 days for maintenance and 
repair needs, and up to 90 days to test a new operating schedule. In 
our final rule, we are consolidating all temporary changes to a 
drawbridge operating schedule into one of two categories: (1) A 
deviation, when the temporary change will be for a period of 180 days 
or less, or; (2) a rulemaking, when the temporary change will be for a 
period greater then 180 days. This change amends Sec.  117.35 and 
removes Sec. Sec.  117.37, 117.43, and 117.45.
    This deviation provision would allow the District Commanders the 
flexibility to maximize waterway use for navigation prior to and during 
varying weather conditions, repair/maintenance situations, reasons of 
public health and safety and public events. Any temporary change of an 
operating schedule lasting greater then 180 days or any permanent 
change to an operating schedule will require a full rulemaking under 
the Administrative Procedure Act. This will not affect the bridge 
owners' responsibility to notify the Coast Guard in a timely manner 
with their request to change an operating schedule or the discretion of 
the District Commander to accept the request.

Bridge Owner Responsibility

    We are changing the requirements in Sec.  117.7 to clarify the 
bridge owner's responsibility in maintaining their drawbridges in 
operable condition.

Appendix A

    In the NPRM, the Coast Guard proposed to remove Appendix A to 33 
CFR 117 ``Drawbridges Equipped with Radiotelephones''. Appendix A 
provided information that is already contained in other sources and 
does not need to be repeated in 33 CFR 117. No comments were received 
regarding this issue so Appendix A is removed. However, the information 
formerly contained in Appendix A is available on the Bridge 
Administration (G-PWB) Web site, http://www.uscg.mil/hq/g-o/g-opt/g-opt.htm, and also in the National Oceanographic and Atmospheric 
Administration's (NOAA) nine volume publication of the ``United States 
Coast Pilot'' or on NOAA's Web site. We are also removing a note in 
Sec.  117.15 that referenced Appendix A.

Definitions

    The Coast Guard is adding eight definitions in Subpart A to be used 
throughout part 117. These definitions clarify the terms ``Automated 
drawbridge'', ``Deviation'', ``Drawbridge'', Drawspan'', ``Public 
vessel'', ``Remotely operated drawbridge'', ``Removable drawspan 
bridge'', and ``Untended'' in this part. We also reworded the four 
definitions currently in Sec.  117.4 for plain language.

Lindsey Slough

    The Coast Guard is removing the word ``maintenance'' from Sec.  
117.165 thereby requiring any vessel wanting to pass through the 
removable span bridge, across Lindsey Slough, to give a 72-hour advance 
notice.
    The bridge was constructed in the 1960s and the permit to build the 
bridge dictated that the drawbridge open for maintenance vessels. A 
final rule setting a time requirement of 72 hours advance notice for 
passage was published in the Federal Register on April 24, 1984 (49 FR 
17452). At the time of publication, the primary focus was on access for 
maintenance barges and the term maintenance was included in the rule. 
However, the removable span has never been removed for any vessel and 
to do so would require a barge with a crane to be brought in to remove 
the span. Because the bridge has not had a request to open since 1984, 
the requirement for all vessels to provide 72-hours advance notice will 
meet the reasonable needs of navigation and will not cause any undue 
burden on navigation.

Clarifications

    The Coast Guard is adding three new sections to clarify existing 
requirements in part 117. We are adding Sec.  117.8 to explain how to 
request a permanent

[[Page 70306]]

change to the operation of a drawbridge; Sec.  117.36 to more clearly 
explain the closure requirements of a drawbridge for emergency repair; 
and Sec.  117.42 to clarify the requirements for remotely operated and 
automated drawbridges.
    The Coast Guard is rewriting the following sections to clarify 
their requirements: Sec. Sec.  117.39, 117.41, 117.43, and 117.51.

Consolidations

    The Coast Guard is consolidating some sections in part 117 to 
provide clear guidance of their requirements and to remove redundant 
language. Sections 117.3 and 117.53 are removed but their substance is 
reflected in an amended Sec.  117.1. The requirements in Sec.  117.57 
are moved to Subpart A and re-designated as Sec.  117.40 since these 
requirements apply generally to drawbridges operated on advance notice.

Edits

    The Coast Guard is making minor corrections and edits, renumbering 
some sections, and making technical and conforming changes throughout 
the part. The sections affected are: Sec. Sec.  117.5, 117.31, 117.55, 
117.145, 117.155, and 117.193.

Renumbering

    The section headings for Sec. Sec.  117.486, 117.487, and 117.488 
were out of alphabetical order. They have been renumbered under this 
rule.
    Similarly, this rule also redesignates Sec. Sec.  117.731 and 
117.731a as Sec. Sec.  117.730 and 117.731.

Removals

    We are removing ``reserved'' provisions and redesignating material 
accordingly in Sec. Sec.  117.271(b), 117.867, 117.881(b), 117.885, 
117.891, and 117.1039.
    We are removing references to drawbridges that have been removed 
from the waterway or replaced by a fixed drawbridge in Sec. Sec.  
117.277, 117.535, 117.739(o) and (p)(2), 117.775, 117.783, 117.795(c), 
and 117.821(a)(1). Reference to the Federal Street Bridge in Sec.  
117.713(a) has been removed because the drawbridge has been replaced 
with a fixed bridge.
    Unnecessary distinctions between tugs and tows and commercial and 
recreational vessels are removed in Sec. Sec.  117.588(c), and 
117.620(c).
    References to clearance gauges in Sec.  117.733(a) and Sec.  
117.949 are removed because they duplicate the requirements in 33 CFR 
118.160. The Coast Guard is removing the reference to clearance gauges 
from Sec. Sec.  117.733(a) and 117.949.
    References to Federal, State, and local government vessels, 
emergency vessels or vessels in distress are removed from the following 
sections because they duplicate the requirements contained in Sec.  
117.31: Sec. Sec.  117.181, 117.187(b), 117.195, 117.219(a), 
117.221(a), 117.224(a), 117.225, 117.261(a), 117.269, 117.273(a) and 
(b), 117.287(a), 117.289, 117.291(a), 117.311, 117.313(a), 117.315(a) 
and (b), 117.317(a), 117.325(a), 117.353(a), 117.531(a)(1), 117.571(d), 
117.573(c), 117.588(a), 117.605(c), 117.620(a), 117.703(a), 117.731(c), 
117.736, 117.738(a)(2), 117.745(a)(1), 117.789(a), 117.791(a)(3), 
117.797(a), 117.799(a), 117.824(a)(3), 117.843(a)(3), 117.892, 
117.911(a), 117.968, 117.977, 117.993(a), 117.1023(b) and a portion of 
Sec.  117.791(f)(4).

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation is unnecessary. There will be no cost to the 
general public. This rule is to provide a more user-friendly part 117 
that will remove redundancies and regulations that are no longer 
functional, make corrections and amendments, and provide clearer 
language for the user.
    The new deviation would not have a significant effect on the 
economy. These requests for deviations will be reviewed by the District 
Commander or his/her delegee, taking waterway users and traffic into 
consideration.

Small Entities

    Under the Regulatory Flexibility Act [5 U.S.C. 601-612], we 
considered whether this rulemaking would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises 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. This rule will not disproportionately affect small entities 
since all vessels must be allowed to pass any bridge across the 
navigable waters of the United States reasonably free and unobstructed.
    Also, most bridge owners comprise State governments and Local 
municipalities, as well as Railroads companies. In order to minimize 
the impact to small business, the Coast Guard requires a written 
request of no predefined length or format. Therefore, the Coast Guard 
certifies under 5 U.S.C. 605(b) that this final rule will not have a 
significant economic impact on a substantial number of small entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

    This rule calls for a collection of information under the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501-3520).
    Under the provisions of 33 U.S.C. 499, the Secretary of Homeland 
Security is mandated to prescribe rules and regulations for governing 
the operation of drawbridges. This authorization was delegated to the 
Commandant of the Coast Guard under Department of Homeland Security 
Delegation Number 0170.1 and the drawbridge operating regulations are 
set out in 33 CFR Part 117.
    Need for Information: To change any regulation, 5 U.S.C. 553 
requires rulemaking to be published in the Federal Register. The 
information needed to change a drawbridge operating schedule can only 
be obtained from the bridge owners. The information collection 
requirements are contained in 33 CFR 33 CFR 117.8, 117.35, 117.36, 
117.39, 117.40, and 117.42.
    As required by 44 U.S.C. 3507(d), we submitted a copy of this rule 
to the Office of Management and Budget (OMB) for its review of the 
collection of information and OMB has approved the collection. The part 
number is 117 of title 33 and the corresponding approval number from 
OMB is OMB Control

[[Page 70307]]

Number 1625-0109 which expires on September 30, 2008.
    You are not required to respond to a collection of information 
unless it displays a currently valid OMB control number.

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule would not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not economically significant and does not concern an environmental 
risk to health or risk to safety that may disproportionately affect 
children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies. This rule does not use technical standards. 
Therefore, we did not consider the use of voluntary consensus 
standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD 
and Department of Homeland Security Management Directive 5100.1, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
that there are no factors in this case that would limit the use of a 
categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (32)(e), of the Instruction from further environmental 
documentation. Promulgation of changes to drawbridge regulations has 
been found to not have significant effects on the human environment. 
Under figure 2-1, paragraph (32)(e), of the Instruction, an 
``Environmental Analysis Check List'' and a ``Categorical Exclusion 
Determination'' are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

0
For the reasons set out in the preamble, the Coast Guard amends 33 CFR 
part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. Revise the authority citation for part 117 to read as follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1(g); and Department of 
Homeland Security Delegation No. 0170.1.


0
2. Revise Sec.  117.1 to read as follows:


Sec.  117.1  Purpose.

    (a) This part prescribes the general and special drawbridge 
operating regulations that apply to the drawbridges across the 
navigable waters of the United States and its territories. The 
authority to regulate drawbridges across the navigable waters of the 
United States is vested in the Secretary of Homeland Security.
    (b) Subpart A contains the general operation requirements that 
apply to all drawbridges.
    (c) Subpart B contains specific requirements for operation of 
individual drawbridges. These requirements are in addition to or vary 
from the general requirements in Subpart A. Specific sections in 
subpart B that vary from a general requirement in Subpart A supersede 
the general requirement. All other general requirements in Subpart A, 
that are not at variance, apply to the drawbridges and removable span 
bridges listed in Subpart B.


Sec.  117.3  [Removed].

0
3. Remove Sec.  117.3.

0
4. Revise Sec.  117.4 to read as follows:


Sec.  117.4  Definitions.

    The following definitions apply to this part:
    Appurtenance means an attachment or accessory extending beyond the 
hull or superstructure that is not an integral part of the vessel and 
is not needed for a vessel's piloting, propelling, controlling, or 
collision avoidance capabilities.
    Automated drawbridge means a drawbridge that is operated by an 
automated mechanism, not a drawtender. An automated drawbridge is 
normally kept in the open to navigation position and closes when the 
mechanism is activated.
    Deviation means a District Commander's action authorizing a 
drawbridge owner to temporarily not

[[Page 70308]]

comply with the drawbridge opening requirements in this part.
    Drawbridge means a bridge with an operational span that is intended 
to be opened for the passage of waterway traffic.
    Drawspan means the operational span of a drawbridge.
    Lowerable means a non-structural vessel appurtenance that is or can 
be made flexible, hinged, collapsible, or telescopic so that it can be 
mechanically or manually lowered.
    Nonstructural means that the item is not rigidly fixed to the 
vessel and can be relocated or altered.
    Not essential to navigation means that a nonstructural vessel 
appurtenance, when in the lowered position, would not adversely affect 
the vessel's piloting, propulsion, control, or collision-avoidance 
capabilities.
    Public vessel means a vessel that is owned and operated by the 
United States Government and is not engaged in commercial service, as 
defined in 46 U.S.C. 2101.
    Remotely operated drawbridge means a drawbridge that is operated by 
remote control from a location away from the drawbridge.
    Removable span bridge means a bridge that requires the complete 
removal of a span by means other than machinery installed on the bridge 
to open the bridge to navigation.
    Untended means that there is no drawtender at the drawbridge.

0
5. Revise Sec.  117.5 to read as follows:


Sec.  117.5  When the drawbridge must open.

    Except as otherwise authorized or required by this part, 
drawbridges must open promptly and fully for the passage of vessels 
when a request or signal to open is given in accordance with this 
subpart.

0
6. Revise Sec.  117.7 to read as follows:


Sec.  117.7  General requirements of drawbridge owners.

    Except for drawbridges that have been authorized, before January 3, 
2007, to remain closed to navigation or as otherwise specified in 
subpart B, drawbridge owners must:
    (a) Provide the necessary drawtender(s) for the safe and prompt 
opening of the drawbridge.
    (b) Maintain the working machinery of the drawbridge in good 
operating condition.
    (c) Cycle the drawspan(s) periodically to ensure operation of the 
drawbridge.
    (d) Ensure that the drawbridge operates in accordance with the 
requirements of this part.
    (e) Any drawbridge allowed to remain closed to navigation prior to 
January 3, 2007, when necessary, must be returned to operable condition 
within the designated time set forth by the District Commander and will 
become subject to the requirements of this part.

0
7. Add Sec.  117.8 to read as follows:


Sec.  117.8  Permanent changes to drawbridge operation.

    (a) Anyone may submit a written request to the District Commander 
for a permanent change to a drawbridge operating requirement. The 
request must include documentation supporting or justifying the 
requested change.
    (b) If after evaluating the request, the District Commander 
determines that the requested change is not needed, he or she will 
respond to the request in writing and provide the reasons for denial of 
the requested change.
    (c) If the District Commander decides that a change may be needed, 
he or she will begin a rulemaking to implement the change.


Sec.  117.15  [Amended].

0
8. In Sec.  117.15 remove the Note following paragraph (d)(1).

0
9. In Sec.  117.31 revise the section heading and paragraph (a) to read 
as follows:


Sec.  117.31  Drawbridge operations for emergency vehicles and 
emergency vessels.

    (a) Upon receiving notification that an emergency vehicle is 
responding to an emergency situation, a drawtender must make all 
reasonable efforts to have the drawspan closed at the time the 
emergency vehicle arrives.
* * * * *

0
10. Revise Sec.  117.35 to read as follows:


Sec.  117.35  Temporary change to a drawbridge operating schedule.

    (a) For any temporary change to the operating schedule of a 
drawbridge, lasting less than or equal to 180 days, the District 
Commander may issue a deviation approval letter to the bridge owner and 
publish a ``Notice of deviation from drawbridge regulation'' in the 
Federal Register.
    (b) If the time period for a temporary change to the operating 
schedule of a drawbridge will be greater then 180 days, the District 
Commander will follow appropriate rulemaking procedures and publish a 
temporary rule in the Federal Register prior to the start of the 
action.
    (c) Request for change. (1) To temporarily change the drawbridge-
operating requirements the bridge owner must submit a written request 
to the District Commander for approval of the change.
    (2) The request must describe the reason for the closure and the 
dates and times scheduled for the start and end of the change.
    (3) Requests should be submitted as early as possible, preferably 
90 days before the start of the action. District Commanders have 
discretion to accept requests submitted less than 90 days before a 
needed change if those requests can be processed before the date of the 
needed change.
    (d) Determination. The District Commander's determination to allow 
the schedule change is normally forwarded to the bridge owner within 
ten working days after receipt of the request. If the request is 
denied, the reasons for the denial will be set out in the District 
Commander's decision letter.
    (e) The drawbridge must return to its regular operating schedule 
immediately at the end of the designated time period.
    (f) If the authorized closure period for an event is broken into 
separate time periods on the same day or on consecutive days, the 
drawbridge must provide openings for navigation between the authorized 
closures.
    (g) The District Commander will also announce the change to the 
operating schedule in the Local Notice to Mariners and other 
appropriate local media.

0
11. Add Sec.  117.36 to read as follows:


Sec.  117.36  Closure of drawbridge for emergency repair.

    (a) When a drawbridge unexpectedly becomes inoperable, or should be 
immediately rendered inoperable because of mechanical failure or 
structural defect, the drawbridge owner must notify the District 
Commander of the closure without delay and give the reason for the 
emergency closure of the drawbridge and an estimated time when the 
drawbridge will be returned to operating condition.
    (b) The District Commander will notify mariners about the 
drawbridge status through Broadcast Notices to Mariners, Local Notice 
to Mariners and any other appropriate local media.
    (c) Repair work under this section must be performed with all due 
speed in order to return the drawbridge to operation as soon as 
possible.


Sec.  117.37  [Removed]

0
12. Remove Sec.  117.37.
0
13. Revise Sec.  117.39 to read as follows:


Sec.  117.39  Authorized closure of drawbridge due to infrequent 
requests for openings.

    (a) When there have been no requests for drawbridge openings for at 
least two years, a bridge owner may request in writing that the 
District Commander

[[Page 70309]]

authorize the drawbridge to remain closed to navigation and to be 
untended.
    (b) The District Commander may:
    (1) Authorize the closure of the drawbridge;
    (2) Set out any conditions in addition to the requirement in 
paragraph (d): and
    (3) Revoke an authorization and order the drawbridge returned to 
operation when necessary.
    (c) All drawbridges authorized to remain closed to navigation, 
under this section, must be maintained in operable condition.
    (d) Authorization under this section does not:
    (1) Authorize physical changes to the drawbridge structure, or
    (2) Authorize removal of the operating machinery.
    (e) Drawbridges authorized under this section to remain closed to 
navigation and to be untended are identified in subpart B of this part.

0
14. Add Sec.  117.40 to read as follows:


Sec.  117.40  Advance notice for drawbridge opening.

    (a) Upon written request by the owner of a drawbridge, the District 
Commander may authorize a drawbridge to operate under an advance notice 
for opening. The drawbridge tender, after receiving the advance notice, 
must open the drawbridge at the requested time and allow for a 
reasonable delay in arrival of the vessel giving the advance notice.
    (b) If the request is approved, a description of the advanced 
notice for the drawbridge will be added to subpart B of this part.

0
15. Revise Sec.  117.41 to read as follows:


Sec.  117.41  Maintaining drawbridges in the fully open position.

    (a) Drawbridges permanently maintained in the fully open to 
navigation position may discontinue drawtender service as long as the 
drawbridge remains fully open to navigation. The drawbridge must remain 
in the fully open position until drawtender service is restored.
    (b) If a drawbridge is normally maintained in the fully open to 
navigation position, but closes to navigation for the passage of 
pedestrian, vehicular, rail, or other traffic, the drawbridge must be 
tended unless:
    (1) Special operating requirements are established in subpart B of 
this part for that drawbridge; or
    (2) The drawbridge is remotely operated or automated.

0
16. Add Sec.  117.42 to read as follows:


Sec.  117.42  Remotely operated and automated drawbridges.

    (a) Upon written request by the owner of a drawbridge, the District 
Commander may authorize a drawbridge to operate under an automated 
system or from a remote location.
    (b) If the request is approved, a description of the full operation 
of the remotely operated or automated drawbridge will be added to 
subpart B of this part.


Sec. Sec.  117.43 and 117.45  [Removed]

0
17. Remove Sec. Sec.  117.43 and 117.45.

0
18. Revise Sec.  117.51 to read as follows:

Subpart B--Specific Requirements


Sec.  117.51  General.

    The drawbridges in this subpart are listed by the state in which 
they are located and by the waterway they cross. Waterways are arranged 
alphabetically by state. The drawbridges listed under a waterway are 
generally arranged in order from the mouth of the waterway moving 
upstream. The drawbridges on the Atlantic Intracoastal Waterway are 
listed from north to south and on the Gulf Intracoastal Waterway from 
east to west.


Sec.  117.53  [Removed].

0
19. Remove Sec.  117.53.

0
20. In Sec.  117.55 revise paragraph (a) to read as follows:


Sec.  117.55  Posting of requirements.

    (a) The owner of each drawbridge under this subpart, other than 
removable span bridges, must ensure that a sign summarizing the 
requirements in this subpart applicable to the drawbridge is posted 
both upstream and downstream of the drawbridge. The requirements to be 
posted need not include those in Subpart A or Sec. Sec.  117.51 through 
117.59 of this part.
* * * * *


Sec.  117.57  [Removed].

0
21. Remove Sec.  117.57.

0
22. Revise Sec.  117.145 to read as follows:


Sec.  117.145  Burns Cutoff.

    The drawspan for the Daggett Road Drawbridge, mile 3.0 at Stockton, 
must open on signal if at least 48 hours notice is given to the Port of 
Stockton.

0
23. Revise Sec.  117.155 to read as follows:


Sec.  117.155  Eureka Slough.

    The drawspan for the Northwestern Pacific Railroad Authority 
Drawbridge, mile 0.3 at Eureka, need not be opened for the passage of 
vessels. The owner or agency controlling the drawbridge must restore 
the drawspan to full operation within six months of notification from 
the District Commander.

0
24. Revise Sec.  117.165 to read as follows:


Sec.  117.165  Lindsey Slough.

    The center drawspan of the Hastings Farms Highway Bridge, mile 2.0 
between Egbert and Lower Hastings Tracts, must be removed for the 
passage of vessels if at least 72 hours notice is given to the Hastings 
Island Land Company office at Rio Vista.


Sec.  117.181  [Amended].

0
25. In Sec.  117.181 remove the last sentence of the section.


Sec.  117.187  [Amended].

0
26. In Sec.  117.187 remove the last sentence in paragraph (b).

0
27. Revise Sec.  117.193 to read as follows:


Sec.  117.193  San Leandro Bay.

    The drawspans of the California Department of Transportation 
Highway and Bicycle drawbridges, mile 0.0 and mile 0.1, between Alameda 
and Bay Farm Island, must open on signal; except that, from 5 a.m. to 8 
a.m. and 5 p.m. to 9 p.m., the drawspans must open on signal if at 
least 12 hours notice is given. Notice must be given to the drawtender 
of the Bay Farm Island drawbridges from 8 a.m. to 5 p.m. and to the 
drawtender of the Park Street Drawbridge at Alameda at all other times. 
The drawspans need not be opened for the passage of vessels from 9 p.m. 
to 5 a.m.


Sec.  117.195  [Amended].

0
28. In Sec.  117.195 remove the last sentence in this section.

0
29. In Sec.  117.219 revise paragraph (a) to read as follows:


Sec.  117.219  Pequonnock River.

    (a) Public vessels of the United States must be passed through as 
soon as possible.
* * * * *

0
30. In Sec.  117.221 revise paragraph (a) to read as follows:


Sec.  117.221  Saugatuck River.

    (a) Public vessels of the United States must be passed through as 
soon as possible.
* * * * *

0
31. In Sec.  117.224 revise paragraph (a) to read as follows:

[[Page 70310]]

Sec.  117.224  Thames River.

* * * * *
    (a) Immediately on signal for public vessels of the United States 
and commercial vessels; except, when a train scheduled to cross the 
drawbridge, without stopping, has passed the Midway, Groton, or New 
London stations and is in motion toward the drawbridge, the drawspan 
must not be opened for the passage of any vessel until the train has 
crossed the drawbridge; and
* * * * *

0
32. Revise Sec.  117.225 to read as follows:


Sec.  117.225  Yellow Mill Channel.

    The drawspan of the Stratford Avenue Bridge, mile 0.3 at 
Bridgeport, must open on signal if at least 24-hours notice is given. 
Public vessels of the United States must pass through as soon as 
possible.

0
33. In Sec.  117.255 add paragraph (d) to read as follows:


Sec.  117.255  Potomac River.

* * * * *
    (c) This section is also issued under the authority of Pub. L. 102-
587, 106 Stat. 5039.

0
34. In Sec.  117.261 revise paragraph (a) to read as follows:


Sec.  117.261  Atlantic Intracoastal Waterway from St. Marys River to 
Key Largo.

    (a) General. Public vessels of the United States and tugs with tows 
must be passed through the drawspan of each drawbridge listed in this 
section at anytime.
* * * * *

0
35. Revise Sec.  117.269 to read as follows:


Sec.  117.269  Biscayne Bay.

    The east drawspan of the Venetian Causeway Drawbridge, between 
Miami and Miami Beach, must open on signal; except that, from November 
1 through April 30 from 7:15 a.m. to 8:45 a.m. and 4:45 p.m. to 6:15 
p.m. Monday through Friday, the draw need not be opened. However, the 
drawspan must open at 7:45 a.m., 8:15 a.m., 5:15 p.m., and 5:45 p.m. if 
any vessels are waiting to pass. The drawspan must open on-signal on 
Thanksgiving Day, Christmas Day, New Year's Day, and Washington's 
Birthday. The drawspan must open at anytime for public vessels of the 
United States and tugs with tows.


Sec.  117.271  [Amended]

0
36. In Sec.  117.271 remove paragraph (b) and remove the paragraph 
designator from paragraph (a).

0
37. Revise Sec.  117.273 to read as follows:


Sec.  117.273  Canaveral Barge Canal.

    (a) The drawspan of the Christa McAuliffe Drawbridge, SR 3, mile 
1.0, across the Canaveral Barge Canal need only open daily for vessel 
traffic on the hour and half-hour from 6 a.m. to 10 p.m.; except that 
from 6:15 a.m. to 8:15 a.m. and from 3:10 p.m. to 5:59 p.m., Monday 
through Friday, except Federal holidays, the drawspan need not open. 
From 10:01 p.m. to 5:59 a.m., everyday, the drawspan must open on 
signal if at least 3 hours notice is given to the drawtender. The 
drawspan must open as soon as possible for the passage of public 
vessels of the United States and tugs with tows.
    (b) The drawspan of the SR401 Drawbridge, mile 5.5 at Port 
Canaveral, must open on signal; except that, from 6:30 a.m. to 8 a.m. 
and 3:30 p.m. to 5:15 p.m. Monday through Friday except Federal 
holidays, the drawspan need not be opened for the passage of vessels. 
From 10 p.m. to 6 a.m., the drawspan must open on signal if at least 
three hours notice is given. The drawspan must open as soon as possible 
for the passage of pubic vessels of the United States and tugs with 
tows.


Sec.  117.277  [Removed]

0
38. Remove Sec.  117.277.

0
39. In Sec.  117.287 revise paragraph (a) to read as follows:


Sec.  117.287  Gulf Intracoastal Waterway.

    (a) Public vessels of the United States and tugs with tows must be 
passed through the drawspan of each drawbridge listed in this section 
at anytime.
* * * * *

0
40. Revise Sec.  117.289 to read as follows:


Sec.  117.289  Hillsboro Inlet.

    The drawspans of the SR A-1-A Drawbridge, mile 0.3 at Hillsboro 
Beach, must open on signal; except that, from 7 a.m. to 6 p.m., the 
drawspans need be opened only on the hour, quarter hour, half hour, and 
three quarter hour. Public vessels of the United States and tugs with 
tows must be passed at anytime.

0
41. In Sec.  117.291 revise paragraph (a) to read as follows:


Sec.  117.291  Hillsborough River.

    (a) The drawspans for the drawbridges at Platt Street, mile 0.0, 
Brorein Street, mile 0.16, Kennedy Boulevard, mile 0.4, Cass Street, 
mile 0.7, Laurel Street, mile 1.0, West Columbus Drive, mile 2.3, and 
West Hillsborough Avenue, mile 4.8, must open on signal if at least two 
hours notice is given; except that, the drawspan must open on signal as 
soon as possible for public vessels of the United States.
* * * * *

0
42. Revise Sec.  117.311 to read as follows:


Sec.  117.311  New Pass.

    The drawspan for the State Road 789 Drawbridge, mile 0.05, at 
Sarasota, need only open on the hour, twenty minutes past the hour, and 
forty minutes past the hour from 7 a.m. to 6 p.m. From 6 p.m. to 7 
a.m., the drawspan must open on signal if at least 3 hours notice is 
given to the drawtender. Public vessels of the United States and tugs 
with tows must be passed at anytime.

0
43. In Sec.  117.313 revise paragraph (a) to read as follows:


Sec.  117.313  New River.

    (a) The drawspan for the S.E. Third Avenue Drawbridge, mile 1.4 at 
Fort Lauderdale, must open on signal; except that, from 7:30 a.m. to 
8:30 a.m. and 4:30 p.m. to 5:30 p.m. Monday through Friday, excluding 
Saturday, Sunday, and all federal, state, and local holidays, the 
drawspan need not be opened for the passage of vessels. Public vessels 
of the United States and tugs with tows must be passed at anytime.
* * * * *

0
44. Revise Sec.  117.315 to read as follows:


Sec.  117.315  New River, South Fork.

    (a) The drawspan for the Southwest 12th Street Drawbridge, mile 0.9 
at Fort Lauderdale, must open on signal; except that, from 7:30 a.m. to 
8:30 a.m. and 4:30 p.m. to 5:30 p.m. Monday through Friday, excluding 
Saturday, Sunday, and federal, state, and local holidays, the drawspan 
need not be opened for the passage of vessels. Public vessels of the 
United States and tugs with tows must be passed through the draw as 
soon as possible.
    (b) The drawspan for the SR84 Drawbridge, mile 4.4 at Fort 
Lauderdale, must open on signal if at least 24 hours notice is given. 
Public vessels of the United States and tugs with tows must be passed 
through the draw as soon as possible.

0
45. In Sec.  117.317 revise paragraph (a) to read as follows:


Sec.  117.317  Okeechobee Waterway.

    (a) Exempt vessels. This term means public vessels of the United 
States and tugs with tows.
* * * * *

0
46. In Sec.  117.325 revise paragraph (a) to read as follows:

[[Page 70311]]

Sec.  117.325  St. Johns River.

    (a) The drawspan for the Main Street (US17) drawbridge, mile 24.7, 
at Jacksonville, must open on signal except that, from 7 a.m. to 8:30 
a.m. and from 4:30 p.m. to 6 p.m., Monday through Saturday except 
Federal holidays, the drawspan need not be opened for the passage of 
vessels.
* * * * *

0
47. In Sec.  117.353 revise paragraph (a) to read as follows:


Sec.  117.353  Atlantic Intracoastal Waterway, Savannah River to St. 
Marys River.

    (a) General. Public vessels of the United States and tugs with tows 
must, upon proper signal, be passed through the drawspan of each 
drawbridge in this section at anytime.
* * * * *


Sec. Sec.  117.486 through 117.488  [Redesignated]

0
48. Redesignate Sec. Sec.  117.486 through 117.488 as follows:

------------------------------------------------------------------------
            Old section                          New section
------------------------------------------------------------------------
                 117.486                              117.487
                 117.487                              117.488
                 117.488                              117.486
------------------------------------------------------------------------


0
49. In Sec.  117.531 revise paragraph (a)(1) to read as follows:


Sec.  117.531  Piscataqua River.

    (a) * * *
    (1) Public vessels of the United States, commercial vessels over 
100 gross tons, inbound ferry service vessels and inbound commercial 
fishing vessels must be passed through the drawspan of each drawbridge 
as soon as possible. The opening signal from these vessels is four or 
more short blasts of a whistle, horn or a radio request.
* * * * *


Sec.  117.535  [Removed]

0
50. Remove Sec.  117.535.

0
51. In Sec.  117.571 revise paragraph (d) to read as follow:


Sec.  117.571  Spa Creek.

* * * * *
    (d) The drawspan must always open on signal for public vessels of 
the United States.

0
52. In Sec.  117.573 revise paragraph (c) to read as follows:


Sec.  117.573  Stoney Creek.

* * * * *
    (c) Public vessels of the United States must be passed as soon as 
possible.

0
53. In Sec.  117.588 revise paragraphs (a) and (c) to read as follows:


Sec.  117.588  Bass River.

* * * * *
    (a) Public vessels of the United States must be passed as soon as 
possible.
* * * * *
    (c) That the drawspan for the Hall Whitaker Drawbridge must open on 
signal if at least 24 hours notice is given.

0
54. In Sec.  117.605 revise paragraph (c) to read as follows:


Sec.  117.605  Merrimack River.

* * * * *
    (c) The drawspans for the Massachusetts Department of Public Works 
drawbridges, mile 5.8 at Newburyport and mile 12.6 at Rock Village, and 
Groveland Drawbridge, mile 16.5 at Groveland, must open on signal if at 
least two hours notice is given. Public vessels of the United States 
must be passed through the drawspans as soon as possible.

0
55. In Sec.  117.620 revise paragraphs (a) and (c) to read as follows:


Sec.  117.620  Westport River--East Branch.

    (a) Public vessels of the United States must be passed as soon as 
possible.
* * * * *
    (c) That the drawspan for the Westport Point Drawbridge, mile 1.2 
at Westport, must open on signal if at least 24 hours notice is given.

0
56. Revise Sec.  117.683 to read as follows:


Sec.  117.683  Pearl River.

    See Sec.  117.486, Pearl River, listed under Louisiana.
0
57. In Sec.  117.703 revise paragraph (a) to read as follows:


Sec.  117.703  Bass River.

* * * * *
    (a) The drawspan must open on signal if at least six hours notice 
is given, except that public vessels of the United States must be 
passed as soon as possible.
* * * * *

0
58. In Sec.  117.713 revise paragraph (a) to read as follows:


Sec.  117.713  Cooper River.

    (a) The drawspans for the State Street Drawbridge, mile 0.3 and the 
Conrail Drawbridge at North River Avenue, mile 0.9, must open on signal 
if at least four hours notice is given.
* * * * *


Sec.  117.731  [Redesignated as Sec.  117.730].

0
59. Redesignate Sec.  117.731 as Sec.  117.730.


Sec.  117.731a  [Redesignate as Sec.  117.731 and Amend].

0
60. Redesignate Sec.  117.731a as Sec.  117.731 and in newly 
redesignated Sec.  117.731, revise paragraph (c) to read as follows:


Sec.  117.731  Mullica River.

* * * * *
    (c) The drawspan must open as soon as possible for public vessels 
of the United States during the periods when four hours notice is 
required.


Sec.  117.733  [Amended]

0
61. In Sec.  117.733 remove paragraph (a) and redesignate paragraphs 
(b) through (j) as paragraphs (a) through (i) respectively.

0
62. Revise Sec.  117.736 to read as follows:


Sec.  117.736  Oceanport Creek.

    The drawspan for the New Jersey Transit Rail Operations Drawbridge, 
mile 8.4 near Oceanport, must open on signal from May 15 through 
September 15 between 5 a.m. and 9 p.m.; except that, the drawspan need 
not open 6 a.m. to 7:45 a.m. and 5:30 p.m. to 7:30 p.m on weekdays, 
excluding all federal holidays except for Martin Luther King Day. The 
drawspan must open on signal upon four hours notice from May 15 through 
September 15 between 9 p.m. and 5 a.m., and from September 16 through 
May 14; except that, the drawspan need not be opened from 6 a.m. to 
7:45 a.m. and 5:30 p.m. to 7:30 p.m. on weekdays, excluding all federal 
holidays except for Martin Luther King Day. Public vessels of the 
United States must be passed as soon as possible at anytime.

0
63. In Sec.  117.738 revise paragraph (a)(2) to read as follows:


Sec.  117.738  Overpeck Creek.

    (a)* * *
    (2) Public vessels of the United States must be passed through the 
drawspan of each drawbridge as soon as possible.
* * * * *


Sec.  117.739  [Amended]

0
64. In Sec.  117.739 remove paragraphs (o) and (p)(2); redesignate 
paragraph (p)(3) as (p)(2) and redesignate (p) as (o).
0
65. In Sec.  117.745 revise paragraphs (a)(1) and (b), introductory 
text, to read as follows:


Sec.  117.745  Rancocas River (Creek).

    (a) * * *
    (1) Public vessels of the United States must be passed through the 
drawspan of each drawbridge as soon as possible without delay at 
anytime. The opening signal from these vessels is four or more

[[Page 70312]]

short blasts of a whistle or horn, or a radio request.
* * * * *
    (b) The drawspans for the SR543 Drawbridge, mile 1.3 at 
Riverside and the SR38 Drawbridge, mile 7.8 at Centerton, must 
operate as follows:
* * * * *


Sec.  117.775  [Removed]

0
66. Remove Sec.  117.775.


Sec.  117.783  [Removed]

0
67. Remove Sec.  117.783.

0
68. In Sec.  117.789, revise paragraph (a) to read as follows:


Sec.  117.789  Harlem River.

    (a) The drawspan of each drawbridge across the Harlem River, except 
the Spuyten Duyvil Railroad Drawbridge, need not be opened from 5 p.m. 
to 10 a.m. However, at all times, public vessels of the United States 
must be passed through the drawspan of each drawbridge, listed in this 
section, as soon as possible.
* * * * *

0
69. In Sec.  117.791 remove paragraph (a)(3); redesignate paragraphs 
(a)(4) and (a)(5) as (a)(3) and (a)(4), respectively, and revise 
paragraph (f)(4) to read as follows:


Sec.  117.791  Hudson River.

* * * * *
    (f) * * *
    (4) During the period that the Federal Lock at Troy is inoperative, 
the drawspans need not be opened for the passage of vessels.


Sec.  117.795  [Amended]

0
70. In Sec.  117.795, remove paragraph (c).

0
71. In Sec.  117.797 revise paragraph (a) to read as follows:


Sec.  117.797  Lake Champlain.

    (a) The drawspan for each drawbridge listed in this section must 
open as soon as possible for public vessels of the United States.
* * * * *

0
72. In Sec.  117.799 revise paragraph (a) to read as follows:


Sec.  117.799  Long Island, New York Inland Waterway from East Rockaway 
Inlet to Shinnecock Canal.

    (a) At all times, public vessels of the United States must be 
passed through the drawspan of each drawbridge listed in this section 
as soon as possible.
* * * * *


Sec.  117.821  [Amended]

0
73. In Sec.  117.821 remove paragraph (a)(1) and redesignate (a)(2) 
through (a)(6) as (a)(1) through (a)(5) respectively.

0
74. In Sec.  117.824 revise paragraph (a)(3) to read as follows:


Sec.  117.824  Neuse River.

    (a) * * *
    (3) Must always open on signal for public vessels of the United 
States.
* * * * *

0
75. In Sec.  117.843 revise paragraph (a)(3) to read as follows:


Sec.  117.843  Trent River.

    (a) * * *
    (3) Must always open on signal for public vessels of the United 
States.
* * * * *


Sec.  117.867  [Removed]

0
76. Remove Sec.  117.867.


Sec.  117.881  [Amended]

0
77. In Sec.  117.881 remove paragraph (b) and paragraph designator (a) 
from the remaining text.


Sec.  117.885  [Removed]

0
78. Remove Sec.  117.885.


Sec.  117.891  [Removed]

0
79. Remove Sec.  117.891.

0
80. Revise Sec.  117.892 to read as follows:


Sec.  117.892  South Slough.

    The drawspan for the Oregon State Highway Drawbridge across South 
Slough at Charleston must open on signal for the passage of vessels, 
except that between the hours of 7 a.m. and 7 p.m., from June 1 through 
September 30, the drawspan need be opened only on the hour and half-
hour. This exception does not apply to commercial tugs and/or tows or 
public vessels of the United States.

0
81. In Sec.  117.911 revise paragraph (a) to read as follows:


Sec.  117.911  Atlantic Intracoastal Waterway, Little River to Savannah 
River.

    (a) General. Public vessels of the United States and tugs with 
tows, upon proper signal, will be passed through the drawspan of each 
drawbridge listed in this section at anytime.
* * * * *


Sec.  117.949  [Amended]

0
82. In Sec.  117.949 remove the last sentence of the section.

0
83. Revise Sec.  117.968 to read as follows:


Sec.  117.968  Gulf Intracoastal Waterway.

    The drawspan for the Port Isabel Drawbridge, mile 666.0, must open 
on signal; except that, from 5 a.m. to 8 p.m. on weekdays only, 
excluding federal, state, and local holidays, the drawspan need open 
only on the hour for pleasure craft. The drawspan must open on signal 
at anytime for commercial vessels. When the drawspan is open for a 
commercial vessel, waiting pleasure craft must be passed.

0
84. Revise Sec.  117.977 to read as follows:


Sec.  117.977  Pelican Island Causeway, Galveston Channel.

    The drawspan for the Pelican Island Causeway Drawbridge across 
Galveston Channel, mile 4.5 of the Galveston Channel, (GIWW mile 356.1) 
at Galveston, Texas, must open on signal; except that, from 6:40 a.m. 
to 8:10 a.m., 12 noon to 1 p.m., and 4:15 p.m. to 5:15 p.m. Monday 
through Friday except Federal holidays, the drawspan need not be opened 
for passage of vessels. Public vessels of the United States must be 
passed at anytime.

0
85. In Sec.  117.993 revise paragraph (a) to read as follows:


Sec.  117.993  Lake Champlain.

    (a) The drawspan for each of the drawbridges listed in this section 
must open as soon as possible for the passage of public vessels of the 
United States.
* * * * *

0
86. In Sec.  117.1023 revise paragraph (b) to read as follows:


Sec.  117.1023  Pamunkey River.

* * * * *
    (b) Public vessels of the United States must pass at anytime.


Sec.  117.1039  [Removed]

0
87. Remove Sec.  117.1039.

Appendix A to Part 117 [Removed]

0
88. Remove Appendix A To Part 117.

    Dated: November 13, 2006.
C.E. Bone,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention.
[FR Doc. 06-9517 Filed 12-1-06; 8:45 am]
BILLING CODE 4910-15-U