[Federal Register: September 6, 2005 (Volume 70, Number 171)]
[Rules and Regulations]
[Page 52917-52919]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06se05-10]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD01-05-081]
RIN 1625-AA09
Drawbridge Operation Regulations:Townsend Gut, ME
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is temporarily changing the drawbridge
operation regulations for the operation of the SR 27 Bridge, at mile
0.7, across Townsend Gut, between Boothbay Harbor and Southport, Maine.
This temporary rule allows the bridge to open at specific times between
6 a.m. and 8 p.m., after a half-hour advance notice is given.
Additionally, this temporary rule allows the bridge to remain closed
for nine days, September 19, 2005 through September 27, 2005. This
action is necessary to help facilitate rehabilitation construction and
painting at the bridge.
DATES: This rule is effective from September 6, 2005 through November
30, 2005.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket (CGD01-05-081) and are available for inspection or
copying at the First Coast Guard District, Bridge Branch Office, 408
Atlantic Avenue, Boston, Massachusetts, 02110, between 7 a.m. and 3
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. John W. McDonald, Project Officer,
First Coast Guard District, (617) 223-8364.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(3), the Coast Guard finds that good
cause exists for not publishing an NPRM. Additionally, under 5 U.S.C.
553(b)(B), the Coast Guard finds that good cause exists for making this
temporary final rule effective less than 30 days after publication in
the Federal Register. The Coast Guard believes that not publishing an
NPRM and making this final rule effective less than 30 days after
publication is necessary for the reasons discussed below, coupled with
the fact that the bridge rehabilitation is necessary, vital work that
must be performed in order to assure the continued, safe, and reliable
operation of the bridge. Any delay in the implementation of this
regulation would not be in the best interest of the public and public
safety.
On January 5, 2005, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulations, Townsend Gut, Maine,
in the Federal Register (70 FR 773). We received no comments in
response to the notice of proposed rulemaking. No public hearing was
requested and none was held. Then, on March 16, 2005, we published a
temporary final rule (TFR) entitled Drawbridge Operation Regulations,
Townsend Gut, Maine, in the Federal Register (70 FR 12805) which
suspended the existing regulations and put in place temporary rules
effective until November 30, 2005.
On July 23, 2005, the bridge owner requested additional regulatory
action to help facilitate the timely completion of the bridge painting
aspect of this project. The contractor's progress would not allow
completion of the project on time before the winter months, which
require painting operations to stop due to cold temperatures. As a
result, the bridge owner requested that the bridge remain closed at
night from 8 p.m. through 6 a.m. to allow the contractor uninterrupted
time to complete the bridge repairs and painting. However, before we
could publish the requested change to the temporary regulation the
bridge owner again changed their request. The bridge owner advised the
Coast Guard that the night closure plan would not work due to known
adverse public response to nighttime operations.
As a result of the late notice from the bridge owner and the
necessity to complete vital repairs, the Coast Guard is now revising
the current rules to allow the bridge to open less frequently during
the daytime.
Background and Purpose
The SR 27 Bridge has a vertical clearance of 10 feet at mean high
water, and 19 feet at mean low water in the closed position. The
permanent drawbridge operating regulations at 33 CFR 117.5, which were
suspended from March 14, 2005 through November 30, 2005, require the
bridge to open on signal at all times.
On January 5, 2005, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulations, Townsend Gut, Maine,
in the Federal Register (70 FR 773). We received no comments in
response to the notice of proposed rulemaking. No public hearing was
requested and none was held.
On March 16, 2005, we published a temporary final rule (TFR)
entitled Drawbridge Operation Regulations, Townsend Gut, Maine, in the
Federal Register (70 FR 12805).
On July 23, 2005, the bridge owner requested additional regulatory
action to help facilitate the timely completion of the bridge painting
portion of this project. The contractor's progress would not allow
completion of the project before the winter months when painting
operations are not possible due to cold temperatures. As a result, the
Coast Guard is revising the current temporary rules to allow the bridge
to open less frequently during the daytime. A half-hour advance notice
will be required to allow the construction workers sufficient time to
clear the bridge before each bridge opening. Under this temporary rule
the bridge will open during the daytime at 6 a.m., 12 p.m., 6 p.m. and
8 p.m., after a half-hour notice is given by calling the number posted
at the bridge. At all other times from 8 p.m. until 6 a.m., the bridge
will open on signal.
In order to facilitate necessary repairs, the bridge owner
requested a nine-day bridge closure from September 19, 2005 through
September 27, 2005. Therefore, in addition to the 4 closure periods
identified in the March 16, 2005 temporary final rule, which have
already occurred, the bridge will be closed from September 19, 2005
through
[[Page 52918]]
September 27, 2005 under this regulation.
Discussion of Changes
The Coast Guard is changing temporary final rule 117.T536, which
authorized the bridge to open at 6 a.m., 8 a.m., 10 a.m., 12 p.m., 2
p.m., 4 p.m., and 6 p.m., after a half-hour notice is given. This
temporary final rule changes that schedule to allow the bridge to open
at 6 a.m., 12 p.m., 6 p.m., and 8 p.m. after a half-hour notice is
given by calling the number posted at the bridge. At all other times
from 8 p.m. to 6 a.m., the bridge will open on signal. In addition, a
nine-day closure is in effect from September 19, 2005 through September
27, 2005.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, RegulatoryPlanning 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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
This conclusion is based on the fact that vessel traffic will still
be able to transit through the SR 27 Bridge under a fixed opening
schedule. Vessel operators may adjust their schedules to correspond
with the opening schedule at the bridge. Vessel operators may also use
the alternate route should they need to transit at other times.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this rule 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 less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b), that this rule
will not have a significant economic impact on a substantial number of
small entities.
This conclusion is based on the fact that vessel traffic will still
be able to transit through the SR 27 Bridge under a fixed opening
schedule. Vessel operators may adjust their schedules to correspond
with the opening schedule at the bridge. Vessels operators may also use
an alternate route should they need to transit at other times.
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 process.
During the course of rulemaking upon this bridge, beginning on
January 5, 2005, no small entities requested Coast Guard assistance and
none was given.
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 no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
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 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 will 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 affect 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 an economically significant rule and does not concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This final rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have 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
[[Page 52919]]
adopted by voluntary consensus standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this final rule under Commandant Instruction
M16475.1D, which guides 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. It has been determined that this final
rule does not significantly impact the environment.
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--[AMENDED]
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1(g); Department of
Homeland Security Delegation No. 170.1; section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. Revise Sec. 117.T536 to read as follows:
Sec. 117.T536 Townsend Gut.
The draw of the SR 27 Bridge, mile 0.7, across Townsend Gut shall
operate as follows:
(a) From September 6, 2005 through November 30, 2005, the SR 27
Bridge shall open on signal at 6 a.m., 12 p.m., 6 p.m., and 8 p.m.,
after at least a half-hour advance notice is given by calling the
number posted at the bridge. At all other times from 8 p.m. to 6 a.m.
the draw shall open on signal.
(b) From September 19, 2005 through September 27, 2005, the bridge
need not open for the passage of vessel traffic.
Dated: August 25, 2005.
Mark J. Campbell,
Captain, U.S. Coast Guard, Acting First District Commander.
[FR Doc. 05-17714 Filed 9-1-05; 2:26 pm]
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