[Federal Register Volume 64, Number 215 (Monday, November 8, 1999)]
[Rules and Regulations]
[Pages 60672-60673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29147]


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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: Final rule.

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SUMMARY: The Coast Guard is changing the drawbridge operation 
regulations 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

[[Page 60673]]

to not open for vessel traffic because the bridge has not had a request 
to open since 1985. This final rule is expected to relieve the bridge 
owner of the requirement to open the bridge and still meet the needs of 
navigation.

DATES: This final rule is effective December 8, 1999.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at the First Coast Guard District Office, 408 
Atlantic Avenue, Boston, Massachusetts, 02110, 7 a.m. to 3 p.m., Monday 
through Friday, except Federal holidays. The telephone number is (617) 
223-8364.

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

SUPPLEMENTARY INFORMATION:

Regulatory History

    On August 25, 1999, the Coast Guard published a notice of proposed 
rulemaking entitled Drawbridge Operation Regulations; Kennebunk River, 
Maine, in the Federal Register (64 FR 46322). The Coast Guard received 
no comments in response to the notice of proposed rulemaking. No public 
hearing was requested and none was held.

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 that the drawbridge need not open for vessel 
traffic because the bridge has not opened since 1985.

Discussion of Comments and Changes

    The Coast Guard received no comments in response to the notice of 
proposed rulemaking and no changes have been made to this final rule.

Regulatory Evaluation

    This final 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 final 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 considered whether this final rule 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, for reasons discussed in the Regulatory Evaluation 
section above, the Coast Guard certifies under section 605(b) of the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this final rule 
will not have a significant economic impact on a substantial number of 
small entities.

Collection of Information

    This final 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 final rule in accordance with the 
principles and criteria contained in Executive Order 13132 and has 
determined that this final rule does not have federalism implications 
under that order.

Environment

    The Coast Guard considered the environmental impact of this final 
rule and concluded that, under Section 2.B.2., Figure 2-1, paragraph 
(32)(e), of Commandant Instruction M16475.1C, this final 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 final 
rule.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons set out in the preamble, the Coast Guard amends 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: October 28, 1999.
Robert F. Duncan,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 99-29147 Filed 11-5-99; 8:45 am]
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