[Federal Register: August 16, 2006 (Volume 71, Number 158)]
[Rules and Regulations]
[Page 47096-47098]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16au06-14]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD01-06-019]
RIN 1625-AA09
Drawbridge Operation Regulations; Townsend Gut, Boothbay and
Southport, ME
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the drawbridge operation
regulations that govern the operation of the Southport (SR27) Bridge,
across Townsend Gut, at mile 0.7, between Boothbay Harbor and
Southport, Maine. This final rule changes the regulation to require the
Southport (SR27) Bridge to operate on a fixed opening schedule between
April 29 and September 30, each year. This final rule is expected to
help relieve vehicular traffic delays during the summertime tourism
season while continuing to meet both the current and anticipated needs
of navigation.
DATES: This rule is effective September 15, 2006.
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 CGD01-06-019 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 McDonald, Project Officer,
First Coast Guard District, (617) 223-8364.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On April 20, 2006, we published a notice of proposed rulemaking
(NPRM) entitled ``Drawbridge Operation Regulations''; Townsend Gut,
Booth Bay and Southport, ME, in the Federal
[[Page 47097]]
Register (71 FR 20376). We received twelve comment letters in response
to the notice of proposed rulemaking. No public hearing was requested
and none was held.
Background and Purpose
The Southport (SR27) Bridge, across Townsend Gut, at mile 0.7, 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 operation
regulations, listed at 33 CFR 117.5, require the bridge to open on
signal at all times.
The owner of the bridge, Maine Department of Transportation (MDOT),
requested a change to the drawbridge operation regulations governing
the operation of the Southport (SR27) Bridge to require it to open on
signal, on the hour, between 6 a.m. and 6 p.m., from April 29 through
September 30, each year. The rule change was proposed to help reduce
vehicular traffic delays during the summer tourism season when
vehicular traffic is greatly increased.
Frequent bridge openings during the summer months result in
vehicular traffic delays during the daytime hours in Boothbay Harbor
and Southport. The Southport (SR27) Bridge opened 4,136 times in 2004.
Specifically, 3,493 (84%) of the 2004 bridge openings were between May
and September.
The Town of Southport Board of Selectmen conducted a public meeting
in the fall of 2005, to survey public opinion regarding the proposed
regulation change originally reflected in the notice of proposed
rulemaking published on April 20, 2006.
The local residents, mariners, and commercial vessel operators who
attended the meeting were in favor of permanently changing the
regulation governing the operation of the Southport (SR27) Bridge to
require the bridge to open on signal, once an hour, on the hour,
between 6 a.m. and 6 p.m., from April 29 through September 30, each
year. All other provisions of the existing regulation would remain
unchanged.
Discussion of Comments and Changes
The Coast Guard received twelve comment letters in response to the
notice of proposed rulemaking published on April 20, 2006.
Six were in favor of the proposed rule change requiring the bridge
to open once an hour, on the hour, and six were opposed to the hourly
openings.
The six comment letters in opposition to the hourly bridge openings
varied in reasons, ranging from a concern for boating safety, greater
delays of vessel traffic, longer bridge openings to accommodate the
volume of vessel traffic waiting to transit the bridge, and a concern
for the safety of motorists that will be more likely to rush across the
bridge before the hourly bridge opening.
Three comment letters suggested that the bridge open two times an
hour, on the hour and half hour, as a compromise remedy.
The Coast Guard has considered the inconvenience to local
lobstermen, local commercial passenger vessels, and recreational
boaters. Specifically, the Coast Guard considered the added cost to
lobster boat operators bypassing the bridge and navigating around the
island and the delays to recreational boaters. We believe these
complaints are legitimate as are the concerns of motorists being
delayed for frequent unscheduled bridge openings.
After reviewing the comments received, and re-visiting the various
competing interests, the Coast Guard believes that having two bridge
openings an hour, on the hour and half hour, from 6 a.m. to 6 p.m.
would accommodate the maritime community including local lobstermen,
local commercial passenger vessels, recreational boaters, and motorists
who seek to cross the bridge.
As a result, we have modified this final rule to allow the
Southport (SR27) Bridge to open twice an hour, on the hour and half
hour, between 6 a.m. and 6 p.m., from April 29 through September 30.
For the remainder of the year, the bridge will open on signal.
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.
This conclusion is based on the fact that vessel traffic, which is
not able to pass under the Southport (SR27) Bridge in the closed
position, will still be provided bridge openings twice every hour, on
the hour and half hour. Moreover, mariners can safely utilize the
alternate route to open water through Sheepscot Bay.
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 of 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 rule will affect the following entities, some of
which may be small entities: local lobstermen, local commercial
passenger vessels, and recreational boaters. This rule will not have a
significant economic impact on these entities for the reasons described
under the Regulatory Evaluation section.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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
[[Page 47098]]
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 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 would not create an
environmental risk to health or risk to safety that might
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 M16475.1D,
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. 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.
Regulations
For the reasons discussed 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; 33 CFR 1.05-1(g); Department of
Homeland Security Delegation No. 0170.1; section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. Add Sec. 117.537 to read as follows:
Sec. 117.537 Townsend Gut.
The draw of the Southport (SR27) Bridge, at mile 0.7, across
Townsend Gut between Boothbay Harbor and Southport, Maine shall open on
signal; except that, from April 29 through September 30, between 6 a.m.
and 6 p.m., the draw shall open on signal on the hour and half hour
only, after an opening request is given.
Dated: July 31, 2006.
Timothy S. Sullivan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. E6-13384 Filed 8-15-06; 8:45 am]
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