Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Rules and Regulations 70305 

has not been determined. Feeds 

containing florfenicol must be 

withdrawn 13 days prior to slaughter. 

* * * * * 

Dated: November 17, 2006. 

Stephen F. Sundlof, 

Director, Center for Veterinary Medicine. 

[FR Doc. E6–20398 Filed 12–1–06; 8:45 am] 

BILLING CODE 4160–01–S 

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 § 117.35 and 

removes §§ 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 

§ 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/gopt/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 § 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 § 117.4 for plain language. 

Lindsey Slough 

The Coast Guard is removing the 

word ‘‘maintenance’’ from § 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 § 117.8 to 

explain how to request a permanent 

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70306 Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Rules and Regulations 

change to the operation of a drawbridge; 

§ 117.36 to more clearly explain the 

closure requirements of a drawbridge for 

emergency repair; and § 117.42 to clarify 

the requirements for remotely operated 

and automated drawbridges. 

The Coast Guard is rewriting the 

following sections to clarify their 

requirements: §§ 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 

§ 117.1. The requirements in § 117.57 

are moved to Subpart A and redesignated as § 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: §§ 117.5, 

117.31, 117.55, 117.145, 117.155, and 

117.193. 

Renumbering 

The section headings for §§ 117.486, 

117.487, and 117.488 were out of 

alphabetical order. They have been 

renumbered under this rule. 

Similarly, this rule also redesignates 

§§ 117.731 and 117.731a as §§ 117.730 

and 117.731. 

Removals 

We are removing ‘‘reserved’’

provisions and redesignating material 

accordingly in §§ 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 §§ 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 

§ 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 

§§ 117.588(c), and 117.620(c). 

References to clearance gauges in 

§ 117.733(a) and § 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 §§ 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 

§ 117.31: §§ 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 

§ 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 

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Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Rules and Regulations 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. 

■ For the reasons set out in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 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. 

■ 2. Revise § 117.1 to read as follows: 

§ 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. 

§ 117.3 [Removed]. 

■ 3. Remove § 117.3. 

■ 4. Revise § 117.4 to read as follows: 

§ 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 

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70308 Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Rules and Regulations 

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 collisionavoidance 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. 

■ 5. Revise § 117.5 to read as follows: 

§ 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. 

■ 6. Revise § 117.7 to read as follows: 

§ 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. 

■ 7. Add § 117.8 to read as follows: 

§ 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. 

§ 117.15 [Amended]. 

■ 8. In § 117.15 remove the Note 

following paragraph (d)(1). 

■ 9. In § 117.31 revise the section 

heading and paragraph (a) to read as 

follows: 

§ 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. 

* * * * * 

■ 10. Revise § 117.35 to read as follows: 

§ 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 drawbridgeoperating 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. 

■ 11. Add § 117.36 to read as follows: 

§ 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. 

§ 117.37 [Removed] 

■ 12. Remove § 117.37. 

■ 13. Revise § 117.39 to read as follows: 

§ 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 

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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. 

■ 14. Add § 117.40 to read as follows: 

§ 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. 

■ 15. Revise § 117.41 to read as follows: 

§ 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. 

■ 16. Add § 117.42 to read as follows: 

§ 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. 

§§ 117.43 and 117.45 [Removed] 

■ 17. Remove §§ 117.43 and 117.45. 

■ 18. Revise § 117.51 to read as follows: 

Subpart B—Specific Requirements 

§ 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. 

§ 117.53 [Removed]. 

■ 19. Remove § 117.53. 

■ 20. In § 117.55 revise paragraph (a) to 

read as follows: 

§ 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 §§ 117.51 through 117.59 

of this part. 

* * * * * 

§ 117.57 [Removed]. 

■ 21. Remove § 117.57. 

■ 22. Revise § 117.145 to read as 

follows: 

§ 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. 

■ 23. Revise § 117.155 to read as 

follows: 

§ 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. 

■ 24. Revise § 117.165 to read as 

follows: 

§ 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. 

§ 117.181 [Amended]. 

■ 25. In § 117.181 remove the last 

sentence of the section. 

§ 117.187 [Amended]. 

■ 26. In § 117.187 remove the last 

sentence in paragraph (b). 

■ 27. Revise § 117.193 to read as 

follows: 

§ 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. 

§ 117.195 [Amended]. 

■ 28. In § 117.195 remove the last 

sentence in this section. 

■ 29. In § 117.219 revise paragraph (a) to 

read as follows: 

§ 117.219 Pequonnock River. 

(a) Public vessels of the United States 

must be passed through as soon as 

possible. 

* * * * * 

■ 30. In § 117.221 revise paragraph (a) to 

read as follows: 

§ 117.221 Saugatuck River. 

(a) Public vessels of the United States 

must be passed through as soon as 

possible. 

* * * * * 

■ 31. In § 117.224 revise paragraph (a) to 

read as follows: 

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§ 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 

* * * * * 

■ 32. Revise § 117.225 to read as 

follows: 

§ 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. 

■ 33. In § 117.255 add paragraph (d) to 

read as follows: 

§ 117.255 Potomac River. 

* * * * * 

(c) This section is also issued under 

the authority of Pub. L. 102–587, 106 

Stat. 5039. 

■ 34. In § 117.261 revise paragraph (a) to 

read as follows: 

§ 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. 

* * * * * 

■ 35. Revise § 117.269 to read as 

follows: 

§ 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. 

§ 117.271 [Amended] 

■ 36. In § 117.271 remove paragraph (b) 

and remove the paragraph designator 

from paragraph (a). 

■ 37. Revise § 117.273 to read as 

follows: 

§ 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. 

§ 117.277 [Removed] 

■ 38. Remove § 117.277. 

■ 39. In § 117.287 revise paragraph (a) to 

read as follows: 

§ 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. 

* * * * * 

■ 40. Revise § 117.289 to read as 

follows: 

§ 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. 

■ 41. In § 117.291 revise paragraph (a) to 

read as follows: 

§ 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. 

* * * * * 

■ 42. Revise § 117.311 to read as 

follows: 

§ 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. 

■ 43. In § 117.313 revise paragraph (a) to 

read as follows: 

§ 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. 

* * * * * 

■ 44. Revise § 117.315 to read as 

follows: 

§ 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. 

■ 45. In § 117.317 revise paragraph (a) to 

read as follows: 

§ 117.317 Okeechobee Waterway. 

(a) Exempt vessels. This term means 

public vessels of the United States and 

tugs with tows. 

* * * * * 

■ 46. In § 117.325 revise paragraph (a) to 

read as follows: 

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§ 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. 

* * * * * 

■ 47. In § 117.353 revise paragraph (a) to 

read as follows: 

§ 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. 

* * * * * 

§§ 117.486 through 117.488 

[Redesignated] 

■ 48. Redesignate §§ 117.486 through 

117.488 as follows: 

Old section New section 

117.486 117.487 

117.487 117.488 

117.488 117.486 

■ 49. In § 117.531 revise paragraph 

(a)(1) to read as follows: 

§ 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. 

* * * * * 

§ 117.535 [Removed] 

■ 50. Remove § 117.535. 

■ 51. In § 117.571 revise paragraph (d) 

to read as follow: 

§ 117.571 Spa Creek. 

* * * * * 

(d) The drawspan must always open 

on signal for public vessels of the 

United States. 

■ 52. In § 117.573 revise paragraph (c) to 

read as follows: 

§ 117.573 Stoney Creek. 

* * * * * 

(c) Public vessels of the United States 

must be passed as soon as possible. 

■ 53. In § 117.588 revise paragraphs (a) 

and (c) to read as follows: 

§ 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. 

■ 54. In § 117.605 revise paragraph (c) to 

read as follows: 

§ 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. 

■ 55. In § 117.620 revise paragraphs (a) 

and (c) to read as follows: 

§ 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. 

■ 56. Revise § 117.683 to read as 

follows: 

§ 117.683 Pearl River. 

See § 117.486, Pearl River, listed 

under Louisiana. 

■ 57. In § 117.703 revise paragraph (a) to 

read as follows: 

§ 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. 

* * * * * 

■ 58. In § 117.713 revise paragraph (a) to 

read as follows: 

§ 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. 

* * * * * 

§ 117.731 [Redesignated as § 117.730]. 

■ 59. Redesignate § 117.731 as 

§ 117.730. 

§ 117.731a [Redesignate as § 117.731 and 

Amend]. 

■ 60. Redesignate § 117.731a as 

§ 117.731 and in newly redesignated 

§ 117.731, revise paragraph (c) to read as 

follows: 

§ 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. 

§ 117.733 [Amended] 

■ 61. In § 117.733 remove paragraph (a) 

and redesignate paragraphs (b) through 

(j) as paragraphs (a) through (i) 

respectively. 

■ 62. Revise § 117.736 to read as 

follows: 

§ 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. 

■ 63. In § 117.738 revise paragraph 

(a)(2) to read as follows: 

§ 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. 

* * * * * 

§ 117.739 [Amended] 

■ 64. In § 117.739 remove paragraphs (o) 

and (p)(2); redesignate paragraph (p)(3) 

as (p)(2) and redesignate (p) as (o). 

■ 65. In § 117.745 revise paragraphs 

(a)(1) and (b), introductory text, to read 

as follows: 

§ 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 

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short blasts of a whistle or horn, or a 

radio request. 

* * * * * 

(b) The drawspans for the SR#543 

Drawbridge, mile 1.3 at Riverside and 

the SR#38 Drawbridge, mile 7.8 at 

Centerton, must operate as follows: 

* * * * * 

§ 117.775 [Removed] 

■ 66. Remove § 117.775. 

§ 117.783 [Removed] 

■ 67. Remove § 117.783. 

■ 68. In § 117.789, revise paragraph (a) 

to read as follows: 

§ 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. 

* * * * * 

■ 69. In § 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: 

§ 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. 

§ 117.795 [Amended] 

■ 70. In § 117.795, remove paragraph 

(c). 

■ 71. In § 117.797 revise paragraph (a) to 

read as follows: 

§ 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. 

* * * * * 

■ 72. In § 117.799 revise paragraph (a) to 

read as follows: 

§ 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. 

* * * * * 

§ 117.821 [Amended] 

■ 73. In § 117.821 remove paragraph 

(a)(1) and redesignate (a)(2) through 

(a)(6) as (a)(1) through (a)(5) 

respectively. 

■ 74. In § 117.824 revise paragraph 

(a)(3) to read as follows: 

§ 117.824 Neuse River. 

(a) * * * 

(3) Must always open on signal for 

public vessels of the United States. 

* * * * * 

■ 75. In § 117.843 revise paragraph 

(a)(3) to read as follows: 

§ 117.843 Trent River. 

(a) * * * 

(3) Must always open on signal for 

public vessels of the United States. 

* * * * * 

§ 117.867 [Removed] 

■ 76. Remove § 117.867. 

§ 117.881 [Amended] 

■ 77. In § 117.881 remove paragraph (b) 

and paragraph designator (a) from the 

remaining text. 

§ 117.885 [Removed] 

■ 78. Remove § 117.885. 

§ 117.891 [Removed] 

■ 79. Remove § 117.891. 

■ 80. Revise § 117.892 to read as 

follows: 

§ 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. 

■ 81. In § 117.911 revise paragraph (a) to 

read as follows: 

§ 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. 

* * * * * 

§ 117.949 [Amended] 

■ 82. In § 117.949 remove the last 

sentence of the section. 

■ 83. Revise § 117.968 to read as 

follows: 

§ 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. 

■ 84. Revise § 117.977 to read as 

follows: 

§ 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. 

■ 85. In § 117.993 revise paragraph (a) to 

read as follows: 

§ 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. 

* * * * * 

■ 86. In § 117.1023 revise paragraph (b) 

to read as follows: 

§ 117.1023 Pamunkey River. 

* * * * * 

(b) Public vessels of the United States 

must pass at anytime. 

§ 117.1039 [Removed] 

■ 87. Remove § 117.1039. 

Appendix A to Part 117 [Removed] 

■ 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2006–0925; FRL–8250–9] 

Approval and Promulgation of 

Implementation Plans; State of 

Missouri 

AGENCY: Environmental Protection 

Agency (EPA). 

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