[Federal Register Volume 66, Number 26 (Wednesday, February 7, 2001)]
[Rules and Regulations]
[Pages 9201-9202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3107]


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

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: Final rule.

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

SUMMARY: The Coast Guard is changing the drawbridge operation 
regulations for the Carlton (U.S. 1) highway-railroad bridge, at mile 
14.0, across the Kennebec River between Bath and Woolwich, Maine. This 
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: This rule is effective March 9, 2001.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket (CGD01-00-193) and are available for inspection or 
copying at the First Coast Guard District, Bridge Branch Office, 408 
Atlantic Avenue, Boston, Massachusetts, 02110, 7 a.m. to 3 p.m., Monday 
through Friday, except Federal holidays.

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

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On October 6, 2000, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations; Kennebec River, 
Maine, in the Federal Register (65 FR 59780). We received no comments 
in response to the notice of proposed rulemaking. No public hearing was 
requested and none was held.

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 
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 and the bridge owner has requested that the bridge 
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.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Jan     Feb     Mar     Apr     May     Jun     Jul     Aug     Sep     Oct     Nov     Dec
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
--------------------------------------------------------------------------------------------------------------------------------------------------------


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

    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.

[[Page 9202]]

Discussion of Comments and Changes

    The Coast Guard received no comments and no changes will be made to 
this rule.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this rule under Executive Order 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 unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 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

    The Coast Guard considered the environmental impact of this rule 
and concluded that under figure 2-1, paragraph (32)(e) of Commandant 
Instruction M16475.1C, this 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(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 hours notice is given and from 8 a.m. to 5 p.m., on 
Saturday and Sunday, after an eight-hour notice is given by calling the 
number posted at the bridge.
* * * * *

    Dated: January 25, 2001.
G.N. Naccara,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 01-3107 Filed 2-6-01; 8:45 am]
BILLING CODE 4910-15-P