[Federal Register: November 12, 1999 (Volume 64, Number 218)] [Rules and Regulations] [Page 61521-61522] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr12no99-22] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Coast Guard 33 CFR Part 117 [CGD01-99-086] RIN 2115-AE47 Drawbridge Operation Regulations: Pequonnock River, CT AGENCY: Coast Guard, DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is changing the drawbridge operation regulations governing the Stratford Avenue Bridge, mile 0.1, across the Pequonnock River at Bridgeport, Connecticut. The bridge owner asked the Coast Guard to change the regulations to require a six-hour advance notice for openings during the winter months at night because there have been few requests to open the bridge during that time period. This final rule is expected to relieve the bridge owner of the burden of crewing the bridge at all times and still meet the needs of navigation. DATES: This final rule is effective December 13, 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, Massachusetts, 02110, 7 a.m. to 3 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 On August 13, 1999, the Coast Guard published a notice of proposed rulemaking entitled Drawbridge Operation Regulations; Pequonnock River, Connecticut, in the Federal Register (64 FR 44151). The Coast Guard received no comments in response to the notice of proposed rulemaking. No public hearing was requested and none was held. Background The Stratford Avenue Bridge, mile 0.1, across the Pequonnock River at Bridgeport, Connecticut, has a vertical clearance of 8 feet at mean high water and 14 feet at mean low water. The existing operating regulations for the bridge listed at 33 CFR 117.219(b) require it to open on signal; except that, from 6:45 a.m. to 7:15 a.m., 7:45 a.m. to 8:15 a.m., 11:45 a.m. to 1:15 p.m., and 4:30 p.m. to 6:10 p.m., the draw need not open 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 notice for openings from December 1 through March 31, 8 p.m. to 4 a.m. The bridge opening log data for 1998, and 1999, December through March, indicate the following number of openings during the time period, 8 p.m. to 4 a.m.: December 0, N/A, January 0, 0, February 2, 1, March 1, 2, respectively. [[Page 61522]] Discussion of Comments and Changes The Coast Guard received no comments in response to the notice of proposed rulemaking 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; February 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 not had many requests to open overnight 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 considered whether this final rule 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.). Federalism The Coast Guard has analyzed this final rule in accordance with the principles and criteria contained in Executive Order 13132 and has determined that this final rule does not have federalism implications under that order. Environment The Coast Guard considered the environmental impact of this final rule and concluded that, under section 2.B.2., Figure 2-1, paragraph (32)(e), of Commandant Instruction M16475.1C, this final rule is categorically excluded from further environmental documentation because promulgation of changes to drawbridge regulations have been found to not 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 amends 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 117.219(b) is revised to read as follows: Sec. 117.219 Pequonnock River * * * * * (b) The Stratford Avenue Bridge, mile 0.1, at Bridgeport, shall open on signal; except that, from 6:45 a.m. to 7:15 a.m., 7:45 a.m. to 8:15 a.m., 11:45 a.m. to 1:15 p.m., and 4:30 p.m. to 6:10 p.m., 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: October 29, 1999. R.M. Larrabee, Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District [FR Doc. 99-29503 Filed 11-12-99; 8:45 am] BILLING CODE 4910-15-U