[Federal Register Volume 64, Number 218 (Friday, November 12, 1999)]
[Rules and Regulations]
[Pages 61520-61521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29504]


-----------------------------------------------------------------------

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: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is changing the drawbridge operation 
regulations 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 final rule 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: This final rule is effective December 13, 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; Kennebec River, 
Maine, in the Federal Register (64 FR 46323). 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 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 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.

[[Page 61521]]

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 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 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 117.525 is amended by redesignating 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.

    Dated: October 29, 1999.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 99-29504 Filed 11-10-99; 8:45 am]
BILLING CODE 4910-15-U