[Federal Register Volume 70, Number 50 (Wednesday, March 16, 2005)]
[Rules and Regulations]
[Pages 12805-12807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5188]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD01-04-129]
RIN 1625-AA09


Drawbridge Operation Regulations: Townsend Gut, ME

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard has temporarily changed the drawbridge 
operation regulations that govern the operation of the SR 27 Bridge, at 
mile 0.7, across Townsend Gut, between Boothbay Harbor and Southport, 
Maine. This temporary rule requires the bridge to open at specific 
times between 6 a.m. and 6 p.m., each day, from March 14, 2005 through 
November 30, 2005. Additionally, this temporary rule would also allow 
four 4-day closures during the effective period of this rule when the 
bridge may remain in the closed position. This action is necessary to 
help facilitate rehabilitation construction at the bridge.

DATES: This rule is effective on March 14, 2005, through November 30, 
2005.

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 (CGD01-04-129) and are available for inspection or 
copying at the First Coast Guard District, Bridge Branch Office, 408 
Atlantic Avenue, Boston, Massachusetts, 02110, between 7 a.m. and 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 January 5, 2005, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations, Townsend Gut, Maine, 
in the Federal Register (70 FR 773).
    We received no comments in response to the notice of proposed 
rulemaking. No public hearing was requested and none was held.
    Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register.
    The Coast Guard believes making this final rule effective less than 
30 days after publication is reasonable because the bridge 
rehabilitation construction is necessary vital work that needs to be 
performed as soon as possible.
    Any delay in making this final rule effective would not be in the 
best interest of public or safety because performing this work during 
the non-winter months March 14, 2005 through November 30, 2005, is the 
best time period during which construction personnel may work in a more 
safe and productive manner to help restore the SR 27 Bridge to a more 
safe and reliable operational status.

Background and Purpose

    The SR 27 Bridge has a vertical clearance of 10 feet at mean high 
water, and 19 feet at mean low water in the closed position. The 
existing drawbridge operating regulations under 33 CFR 117.5 require 
the bridge to open on signal at all times.
    The bridge owner, Maine Department of Transportation, has requested 
a

[[Page 12806]]

temporary rule to allow the bridge to open at specific times of either 
two or three hour intervals between 6 a.m. and 6 p.m., from March 
through November 2005.
    The purpose of this temporary regulation is to help facilitate 
rehabilitation construction at the bridge. Frequent unscheduled bridge 
openings would greatly limit the progress of the rehabilitation 
project.
    On January 5, 2005, we published a notice of proposed rulemaking 
(70 FR 773) with an effective period from March 1, 2005 through 
November 30, 2005. Subsequent to publication of the notice of proposed 
rulemaking the bridge owner advised us that they would not begin the 
rehabilitation construction work until March 14, 2005. As a result we 
have changed the effective period for this temporary final rule to be 
effective from March 14, 2005 through November 30, 2005.
    Under this temporary final rule the SR 27 Bridge shall operate as 
follows:
    From March 14, 2005 through May 26, 2005, and from September 6, 
2005 through November 30, 2005, the draw shall open on signal every 
three hours at 6 a.m., 9 a.m., 12 p.m., 3 p.m. and 6 p.m., daily. From 
6 p.m. to 6 a.m. and on holidays, the draw shall open on signal.
    From May 27, 2005 through September 5, 2005, the draw shall open on 
signal every two hours at 6 a.m., 8 a.m., 10 a.m., 12 p.m., 2 p.m., 4 
p.m., and 6 p.m., daily. From 6 p.m. through 6 a.m. and holidays, the 
draw shall open on signal.
    In addition, this temporary rule would also allow bridge to remain 
in the closed position for four 4-day closures as follows: April 11, 
2005 through April 14, 2005; April 25, 2005 through April 28; May 9 
through May 12; May 23 through May 26; May 9 through May 12, and May 23 
through May 26, 2005.

Discussion of Comments and Changes

    The Coast Guard received no comments in response to the notice of 
proposed rulemaking. We changed the effective date of this final rule 
from March 1, 2005 to March 14, 2005, upon learning that work would not 
commence as originally scheduled.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, 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 Homeland 
Security (DHS).
    This conclusion is based on the fact that vessel traffic will still 
be able to transit through the SR27 Bridge under a fixed opening 
schedule. Vessel operators may adjust their schedules to correspond 
with the opening schedule at the bridge. Vessel operators may also use 
the alternate route should they need to transit at other times.

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. 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 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 vessel traffic will still 
be able to transit through the SR27 Bridge under a fixed opening 
schedule. Vessel operators may adjust their schedules to correspond 
with the opening schedule at the bridge. Vessels operators may also use 
the alternate route should they need to transit at other times.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process.
    No small entities requested Coast Guard assistance and none was 
given.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

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

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by State, local, or tribal government, in the 
aggregate, or by the private sector of $100,000,000 or more in any one 
year. Though this rule will not result in such an expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

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.

Indian Tribal Governments

    This final 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.

[[Page 12807]]

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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this final rule under Commandant Instruction 
M16475.1D, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (32)(e), of the Instruction, from further 
environmental documentation. It has been determined that this final 
rule does not significantly impact the environment.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

0
For the reasons set out in the preamble, the Coast Guard amends 33 CFR 
part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; Department of Homeland Security 
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.


0
2. From March 14, 2005 through November 30, 2005, Sec.  117.T536 is 
temporarily added to read as follows:


Sec.  117.T536  Townsend Gut.

    The draw of the SR 27 Bridge, mile 0.7, across Townsend Gut shall 
operate as follows:
    (a) From March 14, 2005 through May 26, 2005, and from September 6, 
2005 through November 30, 2005, the draw shall open on signal at 6 
a.m., 9 a.m., 12 p.m., 3 p.m., and 6 p.m., daily. From 6 p.m. through 6 
a.m., and on holidays, the draw shall open on signal.
    (b) From May 27, 2005 through September 5, 2005, the draw shall 
open on signal at 6 a.m., 8 a.m., 10 a.m., 12 p.m., 2 p.m., 4 p.m., and 
6 p.m., daily. From 6 p.m. through 6 a.m., and on holidays, the draw 
shall open on signal.
    (c) The bridge may remain in the closed position for four 4-day 
closures as follows: April 11 through April 14; April 25 through April 
28; May 9 through May 12; and May 23 through May 26, 2005.

    Dated: March 9, 2005.
John L. Grenier,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 05-5188 Filed 3-15-05; 8:45 am]
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