[Federal Register Volume 65, Number 195 (Friday, October 6, 2000)]
[Proposed Rules]
[Pages 59780-59782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25755]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-00-193]
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 drawbridge operating 
regulations for the Carlton (U.S. 1) highway-railroad bridge, at mile 
14.0, across the Kennebec River between Bath and Woolwich, Maine. This 
proposed rule will remove unnecessary operating restrictions from the 
regulations and provide relief to the bridge owner from the requirement 
to crew the bridge during periods when there have been few requests to 
open the bridge.

DATES: Comments must reach the Coast Guard on or before December 5, 
2000.

ADDRESSES: You may mail comments to Commander (obr), First Coast Guard 
District, Bridge Branch, at 408 Atlantic Avenue, Boston, MA 02110-3350, 
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 (617) 
223-8364. 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: John 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 (CGD01-00-
193), 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 Carlton (U.S. 1) highway-railroad bridge, at mile 14.0, across 
the Kennebec River has a vertical clearance in the closed position of 
10 feet at mean high water and 16 feet at mean low water. The existing 
drawbridge operating regulations are listed at 33 CFR 117.525. 
Vehicular traffic no longer travels over the Carlton Bridge because a 
new fixed highway bridge has been constructed upstream. The bridge will

[[Page 59781]]

continue to operate as a railroad bridge only.
    The bridge owner, Maine Department of Transportation (MDOT), asked 
the Coast Guard to remove the unnecessary restrictions from the 
regulations and to add several time periods during which the bridge 
will open on an on call basis. The bridge presently is allowed to 
remain closed to navigation from 6 a.m. to 7:30 a.m. and from 3:15 p.m. 
to 5:30 p.m., Monday through Friday, excluding holidays. These closed 
periods were added to the regulations to prevent vehicular traffic 
congestion in Bath during the shift changes at the Bath Iron Works. 
These closed periods are no longer necessary and will be removed by 
this rule.
    The bridge owner has also requested relief from crewing the bridge 
from 5 p.m. to 8 a.m., daily, and all day on Saturdays and Sundays from 
October 1 through May 14. The bridge opening log data submitted by MDOT 
indicates a relatively low number of requests to open the bridge during 
the time periods the bridge owner has requested that the bridge shall 
operate on an on call basis. The greater amount of bridge openings in 
1999, are attributed to construction vessel traffic during the building 
of the new highway bridge upstream from the Carlton Bridge.

                                                        Bridge Openings Between 5 p.m. and 8 a.m.
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                                                Jan      Feb      Mar      Apr      May      Jun      Jul      Aug      Sep      Oct      Nov      Dec
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1997........................................        0        0        0        0        9        6        7       13        5       12        0        0
1998........................................        0        2        1        2        1        6        4        6        3       10        7        6
1999........................................        2        7        2        4       21       24       36        5       10       20       29       12
2000........................................        0        0        4        0       12
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                                               Bridge Openings Saturdays/Sundays, October 1 Through May 14
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Oct        Nov        Dec        Jan        Feb        Mar        Apr        May
--------------------------------------------------------------------------------------------------------------------------------------------------------
1997............................................................          9          0          0          0          0          0          0          2
1998............................................................         10          7          3          0          2          0          0          0
1999............................................................         11         13          4          1          5          2          2          1
2000............................................................                                           0          0          3          0          0
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    The Coast Guard believes that operating the Carlton Bridge on an 
advance notice basis from 5 p.m. to 8 a.m., daily, and all day on 
Saturdays and Sundays, from October 1 through May 14, is reasonable and 
will still meet the needs of navigation. This conclusion is based upon 
the low number of opening requests received over the past several years 
and the fact that the bridge will still open on signal after the 
advance notice is given.

Discussion of Proposal

    The Coast Guard proposes to revise the operating regulations listed 
at 33 CFR 117.525 for the Carlton (U.S. 1) highway-railroad bridge.
    The bridge will no longer be called the Carlton (U.S. 1) highway-
railroad bridge in the regulations. It will simply be called the 
Carlton Bridge.
    Paragraph (a)(1), which requires the bridge to open for emergency 
situations, will be removed because it is now listed at 33 CFR 117.31.
    Paragraph (a)(2) will be removed because the bridge no longer 
carries vehicular traffic.
    Paragraph (a)(3) will be removed because train traffic is so 
infrequent that regulation to prevent conflicts between vessel and 
train traffic is no longer necessary.
    Paragraphs (a)(4) through (a)(7) will be removed and replaced as 
simply paragraph (a)(1) through (a)(2) indicating the new operating 
regulations for the Carlton Bridge.
    Paragraph (b) for the Route 197 Bridge, mile 27.1, between Richmond 
and Dresden, Maine, will remain unchanged.
    The proposed new operating hours for the Carlton Bridge would 
require that from May 15 through September 30, the draw would open on 
signal; except that, from 5 p.m. to 8 a.m., the draw would open on 
signal if at least a two-hour advance notice is given.
    From October 1 through May 14, the draw would open on signal; 
except that, from 5 p.m. to 8 a.m., the draw would open on signal after 
a twenty-four hours advance notice is given and from 8 a.m. to 5 p.m., 
on Saturday and Sunday, the draw would open on signal after an eight-
hour notice is given.

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 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 Transportation (DOT) (44 FR 11040, Feb. 
26, 1979).
    We expect 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 will still open for 
marine traffic at all times provided the advance notice is given.

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 upon the 
fact that the bridge will still open for all vessel traffic at all 
times after the advance notice is given.
    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

[[Page 59782]]

qualifies and how and to what degree this rule would economically 
affect it.

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

    We have analyzed this proposed rule under E.O. 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This proposed rule would not impose an unfunded mandate.

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 E.O. 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under E.O. 13045, Protection of 
Children from Environmental Health Risks and Safety Risks. This rule is 
not an economically significant rule and does not concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    We considered the environmental impact of this proposed rule and 
concluded that, under figure 2-1, paragraph (32)(e), of Commandant 
Instruction M16475.1C, this proposed rule is categorically excluded 
from further environmental documentation because promulgation of 
drawbridge regulations have been found not to have a significant effect 
on the environment. A ``Categorical Exclusion Determination'' is 
available in the docket where indicated under ADDRESSES.

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; 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(a) is revised to read as follows:


Sec. 117.525  Kennebec River

    (a) The draw of the Carlton Bridge, mile 14.0, between Bath and 
Woolwich shall operate as follows:
    (1) From May 15 through September 30 the draw shall open on signal; 
except that, from 5 p.m. to 8 a.m., the draw shall open on signal if a 
two-hour notice is given by calling the number posted at the bridge.
    (2) From October 1 through May 14 the draw shall open on signal; 
except that, from 5 p.m. to 8 a.m., the draw shall open on signal after 
a twenty-four hour advance notice is given and on Saturdays and Sundays 
from 8 a.m. to 5 p.m. the draw shall open on signal after an eight-hour 
advance notice is given by calling the number posted at the bridge.
* * * * *

    Dated: September 13, 2000.
G.N. Naccara,
U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 00-25755 Filed 10-5-00; 8:45 am]
BILLING CODE 4910-15-P