[Federal Register Volume 66, Number 233 (Tuesday, December 4, 2001)]
[Rules and Regulations]
[Pages 62938-62939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30019]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-01-144]
RIN 2115-AE47


Drawbridge Operation Regulations: Back River, ME

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the drawbridge 
operating regulations governing the operation of the Maine Department 
of Transportation (MDOT) highway bridge, at mile 4.6, between Hodgdon 
and Barter's Island at Boothbay, Maine. This temporary change to the 
drawbridge operation regulations allows the bridge to remain in the 
closed position from December 15, 2001 through April 15, 2002. This 
action is necessary to facilitate structural repairs at the bridge.

DATES: This rule is effective December 15, 2001 through April 15, 2002.

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 (CGD01-01-144) 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 September 11, 2001, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations; Back River, Maine, in 
the Federal Register (66 FR 47121). We received no comment letters in 
response to the notice of proposed rulemaking. No public hearing was 
requested and none was held. Pursuant to 5 U.S.C. 553, good cause 
exists for making this regulation effective in less than 30 days after 
publication in the Federal Register. The local fishermen haul their 
equipment in November and do not transit this bridge during the winter 
months. The bridge has not had any requests to open during the last 
three years December through April. Any delay encountered in this 
regulation's effective date would be unnecessary and contrary to the 
public interest since immediate action is needed to perform this 
necessary bridge maintenance during the winter months when the bridge 
normally does not receive requests to open.

Background and Purpose

    The MDOT, highway bridge, at mile 4.6, across the Back River has a 
vertical clearance of 6 feet at mean high water and 15 feet at mean low 
water. The existing regulations are listed at 33 CFR 117.523.
    The bridge owner, MDOT, asked the Coast Guard to temporarily change 
the drawbridge operation regulations to facilitate structural repairs 
at the bridge. This temporary rule will allow the bridge owner to keep 
the bridge in the closed position from December 15, 2001 through April 
15, 2002. The bridge operates on a twenty-four hours advance notice 
from November 1 through May 31, normally. The local fishermen haul out 
their equipment during the month of November, after which, the bridge 
historically receives few requests to open. The number of bridge 
openings from December through April in past years have been relatively 
low. The bridge opening log data for December through April for the 
past three years is as follows:

------------------------------------------------------------------------
                                                   1998    1999    2000
------------------------------------------------------------------------
December........................................       4       0       0
January.........................................       0       0       0
February........................................       0       0       0
March...........................................       0       0       0
April...........................................       0       0       0
------------------------------------------------------------------------

    The Coast Guard believes this rulemaking is reasonable based upon 
the relatively low number of bridge opening requests during past years 
December through April and the fact that this work is necessary 
maintenance required to assure continued uninterrupted operation of the 
bridge.

[[Page 62939]]

Discussion of Comments and Changes

    The Coast Guard received no comment letters. No changes will be 
made to this final rule.

Regulatory Evaluation

    This 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. 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; February 26, 
1979). This conclusion is based on the fact that there have been few 
requests to open the bridge historically, during the time period that 
the bridge will be closed.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612) we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. ``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 less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities. This conclusion is based on the fact that there have been few 
requests to open the bridge during the time period the bridge will be 
closed.

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

Protection of Children

    We have analyzed this 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

    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.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

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.


Sec. 117.523  [Suspended]

    2. From December 15, 2001 through April 15, 2002, Sec. 117.523 is 
suspended.

    3. From December 15, 2001 through April 15, 2002, Sec. 117.T524 is 
temporarily added to read as follows:


Sec. 117.T524  Back River.

    The Maine Department of Transportation highway bridge, mile 4.6, 
between Hodgdon and Barter's Island at Boothbay, need not open for the 
passage of vessel traffic.

    Dated: November 26, 2001.
G.N. Naccara,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 01-30019 Filed 12-3-01; 8:45 am]
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