[Federal Register: January 5, 2005 (Volume 70, Number 3)]
[Proposed Rules]
[Page 773-775]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ja05-37]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to temporarily change 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 would require the bridge to open
at specific times between 6 a.m. and 6 p.m., each day, from March 1,
2005, through November 30, 2005. Additionally, this temporary rule
would also allow the bridge to remain closed for four periods of four
days each between March 1, 2005, and May 26, 2005. This action is
necessary to help facilitate rehabilitation construction at the bridge.
DATES: Comments must reach the Coast Guard on or before March 7, 2005.
ADDRESSES: You may mail comments to Commander (obr), 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, 7 a.m. to 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:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments or related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD01-04-
129), 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.
Public Meeting
We do not now plan to hold a public meeting. But 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 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 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 1, 2005, through November 30, 2005. The purpose of this temporary
rule is to help facilitate rehabilitation construction at the bridge.
Frequent unscheduled bridge openings would greatly limit the progress
of the rehabilitation project.
Under this temporary rule, effective from March 1, 2005, through
November 30, 2005, the SR 27 Bridge would operate as follows:
From March 1, 2005, through May 26, 2005, and from September 6,
2005, through November 30, 2005, the draw
[[Page 774]]
would 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
would open on signal.
From May 27, 2005, through September 5, 2005, the draw would 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 federal
holidays, the draw would open on signal.
In addition, the bridge would also be allowed under this temporary
rule to remain closed for four periods of four days each between March
1, 2005, and May 26, 2005. The exact dates of the closures would be set
out in the final rule and would be announced in the Local Notice to
Mariners and the local newspapers at least ten days prior to
implementation.
Discussion of Proposed Rule
This proposed change would amend 33 CFR part 117 by adding a new
temporary section 33 CFR 117.T536 from March 1, 2005, through November
30, 2005, that would list the temporary drawbridge operation
regulations for the SR 27 Bridge.
The bridge owner requested a temporary regulation to help
facilitate a major rehabilitation project at the bridge. Frequent
unscheduled bridge openings would greatly limit the progress of the
rehabilitation project.
Mariners also may transit an available alternate route around
Southport Island during time periods the bridge is closed to vessel
traffic.
The Coast Guard believes this rule is reasonable based upon all the
above information.
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 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.
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 will still
be able to transit through the SR 27 Bridge under a fixed opening
schedule.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
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 will still
be able to transit through the SR 27 Bridge under a fixed opening
schedule.
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 us in writing at, Commander
(obr), First Coast Guard District, Bridge Branch, 408 Atlantic Avenue,
Boston, MA. 02110-3350. The telephone number is (617) 223-8364. 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 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 E.O. 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 may
disproportionately affect children.
Indian Tribal Governments
This proposed 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
[[Page 775]]
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 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 proposed rule is categorically excluded,
under figure 2-1, paragraph (32)(e), of the Instruction, from further
environment documentation because it has been determined that the
promulgation of operating regulations or procedures for drawbridges are
categorically excluded.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons set out 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. From March 1, 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 1, 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 Federal 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 Federal holidays, the
draw shall open on signal.
(c) Between March 1, 2005 and May 26, 2005, the bridge may remain
in the closed position for four periods of four days each [dates to be
inserted at final rule].
Dated: December 3, 2004.
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 05-262 Filed 1-4-05; 8:45 am]
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