[Federal Register Volume 64, Number 164 (Wednesday, August 25, 1999)]
[Proposed Rules]
[Pages 46323-46325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22053]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-98-174]
RIN 2115-AE47


Drawbridge Operation Regulations: Kennebec 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 Route-197 Bridge, mile 27.1, across the Kennebec River 
between Richmond and Dresden, Maine. The bridge owner asked the Coast 
Guard to change the regulations to restore the operating regulations 
that were inadvertently deleted in 1989, from the Code of Federal 
Regulations. This proposal is expected to relieve the bridge owner of 
the requirement to crew the bridge at all times 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 (CGD01-98-174) 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

[[Page 46324]]

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 Route-197 Bridge has a vertical clearance at mean high water of 
15 feet and at mean low water of 20 feet. The existing regulations 
require the bridge to open on signal at all times.
    The bridge owner, Maine Department of Transportation (MDOT), asked 
the Coast Guard to change the operating regulations for the Route-197 
Bridge to correct an inadvertent removal of the operating regulations 
in 1989, as docket number (CGD01-89-077). The bridge owner was not 
aware of the removal and continued to operate the bridge in accordance 
with the old regulations. The Coast Guard was also unaware of the 
inadvertent removal until notified by the bridge owner.
    This proposal, if adopted, will require the bridge open on signal 
from June 1 through September 30, 9 a.m. to 5 p.m. From 5 p.m. to 9 
a.m., the draw shall open on signal after notice is given to the 
drawtender at the bridge during the drawtender's duty shift from 9 a.m. 
to 5 p.m. From October 1 to May 31, the draw shall open on signal after 
at least a 24 hour advance notice is given to the Maine Department of 
Transportation Division Office in Rockland, Maine.

Discussion of Proposal

    The Coast Guard is proposing to change the operating regulations 
for the Route-197 Bridge, to require the draw to open on signal, from 
June 1 through September 30, from 9 a.m. to 5 p.m., and from 5 p.m. to 
9 a.m., the draw shall open on signal after notice is given to the 
drawtender at the bridge during the time the drawtender is on duty, 9 
a.m. to 5 p.m. From October 1 through May 31, the draw shall open on 
signal if at least a 24 hour advance notice is given to the Maine 
Department of Transportation Division Office in Rockland, Maine.
    The bridge opening logs submitted to the Coast Guard by the bridge 
owner for the Route-197 Bridge from 1996 to 1998 show the number of 
opening requests as follows: January 0, 0, 0; February 0, 0, 0; March 
0, 0, 0; April 0, 0, 0; May 12, 9, 12; June 14, 20, 14; July 18, 20, 
20; August 18, 31, 16; September 20, 11, 10; October 0, 13, 9; November 
0, 0, 2; December 0, 0, 0, openings respectively. The bridge logs show 
relatively few requests to open the bridge from June 1 to September 30.
    The Coast Guard believes the proposed changes to the regulations 
are reasonable because the bridge has been operating in accordance with 
the proposed hours since 1989, and the Coast Guard has determined, 
based upon the bridge opening data, the fact that the waterway is 
normally frozen during the winter months, and the lack of complaints, 
that these operating hours still meet the needs of navigation.
    The existing paragraph (b) will be re-designated as (a)(8), and a 
new paragraph (b) will be added to the existing regulations indicating 
the operating regulations for the Route-197 Bridge.

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 continued to operate under the old regulations that 
were inadvertently removed, and the mariners will not be required to 
change their current operations as a result.

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 117.525 is amended by re-designating paragraph (b) as 
paragraph (a)(8) and by adding a new paragraph (b) to read as follows:


Sec. 117.525  Kennebec River.

* * * * *
    (b) The draw of the Route-197 bridge, mile 27.1, between Richmond 
and Dresden shall open on signal from June 1 through September 30, from 
9 a.m. to 5 p.m. From 5 p.m. to 9 a.m., the draw shall open on signal 
after notice is given to the drawtender while the drawtender is on duty 
between 9 a.m. and 5 p.m. From October 1 through May 31, the draw shall 
open on signal after at least a twenty-four hour advance notice is 
given to the Maine Department of Transportation Division Office in 
Rockland, Maine.


[[Page 46325]]


    Dated: August 11, 1999.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 99-22053 Filed 8-24-99; 8:45 am]
BILLING CODE 4910-15-P