[Federal Register Volume 64, Number 164 (Wednesday, August 25, 1999)]
[Proposed Rules]
[Pages 46322-46323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22052]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-99-024]
RIN 2115-AE47


Drawbridge Operation Regulations: Kennebunk River, ME

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the operating rules 
governing the Dock Square Drawbridge mile 1.0, across the Kennebunk 
River between Kennebunk and Kennebunkport, Maine. The bridge owner has 
asked the Coast Guard to change the regulations to allow the draw to 
remain closed to vessel traffic because the bridge has not had a 
request to open since 1985. This proposal is expected to relieve the 
bridge owner of the requirement to open the bridge and still meet the 
needs of navigation.

DATES: Comments must reach the Coast Guard on or before October 25, 
1999.

ADDRESSES: You may mail comments to Commander (obr), First Coast Guard 
District, 408 Atlantic Avenue, Boston, Ma. 02110-3350, or deliver them 
to the same address between 7 a.m. and 4 p.m., Monday through Friday, 
except Federal holidays. The telephone number is (617) 223-8364. The 
District Commander maintains the public docket for this rulemaking. 
Comments and documents as indicated in this preamble will become part 
of this docket and will be available for inspection or copying at 408 
Atlantic Avenue, Boston, Massachusetts room 630, between 7 a.m. and 3 
p.m. Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: John W. McDonald, Project Officer, 
First Coast Guard District, (617) 223-8364.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD01-99-024) and the specific section of 
this document to which each comment applies, and give reasons for each 
comment. Please submit two copies of all comments and attachments in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. Persons wanting acknowledgment of 
receipt of comments should enclose a stamped, self-addressed postcard 
or envelope.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposed rule in view of the 
comments. The Coast Guard plans no public hearing. Persons may request 
a public hearing by writing to the address under ADDRESSES. The request 
should include the reasons why a public hearing would be beneficial. If 
it determines that the opportunity for oral presentations will aid this 
rulemaking, the Coast Guard will hold a public hearing at a time and 
place announced by a later notice in the Federal Register.

Background

    The Dock Square Drawbridge has a vertical clearance at mean high 
water of 5 feet and 14 feet at mean low water. The existing regulations 
listed at 33 CFR 117.527, require the bridge to open on signal from 
April 15 through October 15; except that, from 5 p.m. to 7 a.m., the 
draw shall open if notice is given to the drawtender during his shift, 
from 7 a.m. to 5 p.m. At all other times the draw shall open after 24 
hours advance notice is given.
    The bridge owner, Maine Department of Transportation, asked the 
Coast Guard to change the regulations governing the Dock Square 
Drawbridge to allow the drawbridge to remain closed to vessel traffic 
because the bridge has not opened since 1985.

Discussion of Proposal

    The Coast Guard is proposing to revise the regulations listed at 33 
CFR 117.527, governing the Dock Square Drawbridge at mile 1.0, across 
the Kennebunk River between Kennebunk and Kennebunkport, Maine. The 
drawbridge has not opened since 1985. The Coast Guard believes as a 
result of

[[Page 46323]]

the lack of requests to open the bridge that it is reasonable to allow 
the Dock Square Drawbridge to remain closed to vessel traffic.

Regulatory Evaluation

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that Order. It has not been reviewed by the Office of Management and 
Budget under that Order. It is not significant under the regulatory 
policies and procedures of the Department of Transportation (DOT) (44 
FR 11040; February 26, 1979). The Coast Guard expects the economic 
impact of this proposed rule to be so minimal that a full Regulatory 
Evaluation, under paragraph 10e of the regulatory policies and 
procedures of DOT, is unnecessary. This conclusion is based on the fact 
that the bridge has not had a request to open since 1985.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considers whether this proposal will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include 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. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b), for 
the reasons discussed in the Regulatory Evaluation section above, that 
this proposed rule, if adopted, will not have a significant economic 
impact on a substantial number of small entities. If, however, you 
think that your business or organization qualifies as a small entity 
and that this rule will have a significant economic impact on your 
business or organization, please submit a comment (see ADDRESSES) 
explaining why you think it qualifies and in what way and to what 
degree this rule will economically affect it.

Collection of Information

    This proposed rule does not provide for a collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this proposed rule in accordance with 
the principles and criteria contained in Executive Order 12612 and has 
determined that this proposed rule does not have sufficient 
implications for federalism to warrant the preparation of a Federalism 
Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposed rule and concluded that, under Section 2.B.2., Figure 2-1, 
paragraph (32)(e), of Commandant Instruction M16475.1C, this proposed 
rule is categorically excluded from further environmental documentation 
because promulgation of changes to drawbridge regulations have been 
found to not have a significant effect on the environment. A written 
``Categorical Exclusion Determination'' is not required for this 
proposed rule.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulation

    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; 49 CFR 1.46; 33 CFR 1.05-1(g); section 
117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.

    2. Section 117.527 is revised to read as follows:


Sec. 117.527  Kennebunk River.

    The Dock Square drawbridge at mile 1.0, across the Kennebunk River, 
between Kennebunk and Kennebunkport, Maine, need not open for vessel 
traffic. The owners of the bridge shall provide and keep in good 
legible condition, two board gages in accordance with 33 CFR 118.160, 
of this chapter.

    Dated: August 11, 1999.
R.M. Larabee,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 99-22052 Filed 8-24-99; 8:45 am]
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