[Federal Register: April 20, 2006 (Volume 71, Number 76)]
[Proposed Rules]
[Page 20376-20378]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20ap06-14]
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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, Booth Bay and
Southport, ME
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the drawbridge operation
regulation governing the operation of the Southport (SR27) Bridge,
across Townsend Gut, at mile 0.7, between Boothbay Harbor and
Southport, Maine. This proposed rule would change the regulation to
require the Southport (SR27) Bridge to operate on a fixed opening
schedule between April 29 and September 30, each year. This 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: Comments and related material must reach the Coast Guard on or
before May 22, 2006.
ADDRESSES: You may mail comments and related material to Commander
(dpb), First Coast Guard District Bridge Branch, One South Street,
Battery Park Building, New York, New York, 10004, or deliver them to
the same address between 7 a.m. and 3 p.m., Monday through Friday,
except Federal holidays. The telephone number is (212) 668-7165. The
First Coast Guard District, Bridge Branch, maintains the public docket
for this rulemaking. Comments and material received from the public, as
well as documents indicated in this preamble as being available in the
docket, will become part of this docket and will be available for
inspection or copying at the First Coast Guard District, Bridge Branch,
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:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD01-06-
019), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know if
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
[[Page 20377]]
Public Meeting
We do not now plan to hold a public meeting; however, you may
submit a request for a meeting by writing to the First Coast Guard
District, Bridge Branch, at the address under ADDRESSES explaining why
one would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
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, requires 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 purpose of the proposed change to the
regulation is 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 when traffic between
Boothbay Harbor and Southport is at its heaviest. 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 Selectmen recently conducted a public meeting
to survey public opinion regarding the proposed regulation change
reflected in this notice of proposed rulemaking.
The local residents, mariners, and commercial vessel operators who
attended the meeting were strongly 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 the remaining provisions of the existing regulation would
remain unchanged.
Discussion of Proposed Rule
This proposed rule change would require the Southport (SR27) Bridge
to open on signal, on the hour, between 6 a.m. and 6 p.m., from April
29 through September 30. This proposed change is expected to help
improve traffic congestion in Boothbay Harbor and Southport during the
peak tourist season while still providing for the current and
anticipated needs of navigation.
During the summer of 2005, the Coast Guard temporarily changed the
operating schedule for the Southport (SR27) Bridge to help facilitate
bridge sandblasting and painting operations. Under the temporary
regulation (70 FR 12805), published on March 16, 2005, the Southport
(SR27) Bridge opened every two hours between 6 a.m. and 6 p.m. from May
through September. This temporary rule was in effect through November
30, 2005.
Vehicular traffic delays were greatly reduced during the time
period the temporary regulation was in effect, which was an added
benefit, since the main purpose of the temporary rule was to facilitate
bridge painting.
In addition to the openings every two hours under the temporary
rule the mariners had the option of utilizing the alternate route to
open water through Sheepscot Bay. No complaints were received from the
mariners during the time the temporary regulation was in effect.
As a result, the Coast Guard believes that having bridge openings
once an hour, on the hour, between 6 a.m. and 6 p.m., from April 29
through September 30, should help alleviate the vehicular traffic
problems in Boothbay Harbor and Southport during the summer months
while continuing to meet the current and anticipated needs of
navigation.
Regulatory Evaluation
This proposed 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).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
This conclusion is based on the fact that vessel traffic which
can't pass under the Southport (SR27) Bridge in the closed position
will still be provided bridge openings every hour as well as being able
to utilize the alternate route to open water through Sheepscot Bay.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 section 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
This conclusion is based on the fact that vessel traffic which
can't pass under the Southport (SR27) Bridge in the closed position
will still be provided bridge openings every hour as well as being able
to utilize the alternate route to open water through Sheepscot Bay.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact, Commander (dpb), First Coast
Guard District, Bridge Branch, One South Street, New York, NY 10004.
The telephone number is (212) 668-7165. The Coast Guard will not
retaliate against small entities that question or complain about this
rule or any policy or action of the Coast Guard.
Collection of Information
This proposed rule would call 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
[[Page 20378]]
compliance on them. We have analyzed this proposed 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 proposed 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 proposed rule would 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 proposed 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 proposed 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 would 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 proposed 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 proposed 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 made a preliminary determination 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 proposed rule is
categorically excluded, under figure 2-1, paragraph (32)(e) of the
Instruction, from further environment documentation because this action
relates to the promulgation of operating regulations or procedures for
drawbridges. Under figure 2-1, paragraph (32)(e) of the instruction, an
``Environmental Analysis Checklist'' is not required for this rule.
Comments on this section will be considered before we make the final
decision on whether to categorically exclude this rule from further
environmental review.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
1. The authority citation for part 117 continues to read as
follows:
Authority: 33 U.S.C. 499; 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.
2. Section 117.537 is added to read as follows:
Sec. 117.537 Townsend Gut.
The draw of the Southport (SR27) Bridge, at mile 16.8, across
Townsend Gut between Booth Bay and Southport, 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 once an hour, on the hour only,
after an opening request is given by calling the number posted at the
bridge.
Dated: April 10, 2006.
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. E6-5909 Filed 4-19-06; 8:45 am]
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