[Federal Register: March 16, 2005 (Volume 70, Number 50)]
[Rules and Regulations]
[Page 12805-12807]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16mr05-6]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD01-04-129]
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 has temporarily changed the drawbridge
operation regulations that govern the operation of the SR 27 Bridge, at
mile 0.7, across Townsend Gut, between Boothbay Harbor and Southport,
Maine. This temporary rule requires the bridge to open at specific
times between 6 a.m. and 6 p.m., each day, from March 14, 2005 through
November 30, 2005. Additionally, this temporary rule would also allow
four 4-day closures during the effective period of this rule when the
bridge may remain in the closed position. This action is necessary to
help facilitate rehabilitation construction at the bridge.
DATES: This rule is effective on March 14, 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 (CGD01-04-129) 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
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.
Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register.
The Coast Guard believes making this final rule effective less than
30 days after publication is reasonable because the bridge
rehabilitation construction is necessary vital work that needs to be
performed as soon as possible.
Any delay in making this final rule effective would not be in the
best interest of public or safety because performing this work during
the non-winter months March 14, 2005 through November 30, 2005, is the
best time period during which construction personnel may work in a more
safe and productive manner to help restore the SR 27 Bridge to a more
safe and reliable operational status.
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
existing drawbridge operating regulations under 33 CFR 117.5 require
the bridge to open on signal at all times.
The bridge owner, Maine Department of Transportation, has requested
a
[[Page 12806]]
temporary rule to allow the bridge to open at specific times of either
two or three hour intervals between 6 a.m. and 6 p.m., from March
through November 2005.
The purpose of this temporary regulation is to help facilitate
rehabilitation construction at the bridge. Frequent unscheduled bridge
openings would greatly limit the progress of the rehabilitation
project.
On January 5, 2005, we published a notice of proposed rulemaking
(70 FR 773) with an effective period from March 1, 2005 through
November 30, 2005. Subsequent to publication of the notice of proposed
rulemaking the bridge owner advised us that they would not begin the
rehabilitation construction work until March 14, 2005. As a result we
have changed the effective period for this temporary final rule to be
effective from March 14, 2005 through November 30, 2005.
Under this temporary final rule the SR 27 Bridge shall operate as
follows:
From March 14, 2005 through May 26, 2005, and from September 6,
2005 through November 30, 2005, the draw shall open on signal every
three hours at 6 a.m., 9 a.m., 12 p.m., 3 p.m. and 6 p.m., daily. From
6 p.m. to 6 a.m. and on holidays, the draw shall open on signal.
From May 27, 2005 through September 5, 2005, the draw shall open on
signal every two hours at 6 a.m., 8 a.m., 10 a.m., 12 p.m., 2 p.m., 4
p.m., and 6 p.m., daily. From 6 p.m. through 6 a.m. and holidays, the
draw shall open on signal.
In addition, this temporary rule would also allow bridge to remain
in the closed position for four 4-day closures as follows: April 11,
2005 through April 14, 2005; April 25, 2005 through April 28; May 9
through May 12; May 23 through May 26; May 9 through May 12, and May 23
through May 26, 2005.
Discussion of Comments and Changes
The Coast Guard received no comments in response to the notice of
proposed rulemaking. We changed the effective date of this final rule
from March 1, 2005 to March 14, 2005, upon learning that work would not
commence as originally scheduled.
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. 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 SR27 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 SR27 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
the 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.
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 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 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.
[[Page 12807]]
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 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
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. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. From March 14, 2005 through November 30, 2005, Sec. 117.T536 is
temporarily added 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 March 14, 2005 through May 26, 2005, and from September 6,
2005 through November 30, 2005, the draw shall open on signal at 6
a.m., 9 a.m., 12 p.m., 3 p.m., and 6 p.m., daily. From 6 p.m. through 6
a.m., and on holidays, the draw shall open on signal.
(b) From May 27, 2005 through September 5, 2005, the draw shall
open on signal at 6 a.m., 8 a.m., 10 a.m., 12 p.m., 2 p.m., 4 p.m., and
6 p.m., daily. From 6 p.m. through 6 a.m., and on holidays, the draw
shall open on signal.
(c) The bridge may remain in the closed position for four 4-day
closures as follows: April 11 through April 14; April 25 through April
28; May 9 through May 12; and May 23 through May 26, 2005.
Dated: March 9, 2005.
John L. Grenier,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 05-5188 Filed 3-15-05; 8:45 am]
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