[Federal Register Volume 70, Number 171 (Tuesday, September 6, 2005)]
[Rules and Regulations]
[Pages 52917-52919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17714]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD01-05-081]
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 is temporarily changing the drawbridge 
operation regulations for the operation of the SR 27 Bridge, at mile 
0.7, across Townsend Gut, between Boothbay Harbor and Southport, Maine. 
This temporary rule allows the bridge to open at specific times between 
6 a.m. and 8 p.m., after a half-hour advance notice is given. 
Additionally, this temporary rule allows the bridge to remain closed 
for nine days, September 19, 2005 through September 27, 2005. This 
action is necessary to help facilitate rehabilitation construction and 
painting at the bridge.

DATES: This rule is effective from September 6, 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 (CGD01-05-081) 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

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(3), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Additionally, under 5 U.S.C. 
553(b)(B), the Coast Guard finds that good cause exists for making this 
temporary final rule effective less than 30 days after publication in 
the Federal Register. The Coast Guard believes that not publishing an 
NPRM and making this final rule effective less than 30 days after 
publication is necessary for the reasons discussed below, coupled with 
the fact that the bridge rehabilitation is necessary, vital work that 
must be performed in order to assure the continued, safe, and reliable 
operation of the bridge. Any delay in the implementation of this 
regulation would not be in the best interest of the public and public 
safety.
    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. Then, on March 16, 2005, we published a 
temporary final rule (TFR) entitled Drawbridge Operation Regulations, 
Townsend Gut, Maine, in the Federal Register (70 FR 12805) which 
suspended the existing regulations and put in place temporary rules 
effective until November 30, 2005.
    On July 23, 2005, the bridge owner requested additional regulatory 
action to help facilitate the timely completion of the bridge painting 
aspect of this project. The contractor's progress would not allow 
completion of the project on time before the winter months, which 
require painting operations to stop due to cold temperatures. As a 
result, the bridge owner requested that the bridge remain closed at 
night from 8 p.m. through 6 a.m. to allow the contractor uninterrupted 
time to complete the bridge repairs and painting. However, before we 
could publish the requested change to the temporary regulation the 
bridge owner again changed their request. The bridge owner advised the 
Coast Guard that the night closure plan would not work due to known 
adverse public response to nighttime operations.
    As a result of the late notice from the bridge owner and the 
necessity to complete vital repairs, the Coast Guard is now revising 
the current rules to allow the bridge to open less frequently during 
the daytime.

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 
permanent drawbridge operating regulations at 33 CFR 117.5, which were 
suspended from March 14, 2005 through November 30, 2005, require the 
bridge to open on signal at all times.
    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.
    On March 16, 2005, we published a temporary final rule (TFR) 
entitled Drawbridge Operation Regulations, Townsend Gut, Maine, in the 
Federal Register (70 FR 12805).
    On July 23, 2005, the bridge owner requested additional regulatory 
action to help facilitate the timely completion of the bridge painting 
portion of this project. The contractor's progress would not allow 
completion of the project before the winter months when painting 
operations are not possible due to cold temperatures. As a result, the 
Coast Guard is revising the current temporary rules to allow the bridge 
to open less frequently during the daytime. A half-hour advance notice 
will be required to allow the construction workers sufficient time to 
clear the bridge before each bridge opening. Under this temporary rule 
the bridge will open during the daytime at 6 a.m., 12 p.m., 6 p.m. and 
8 p.m., after a half-hour notice is given by calling the number posted 
at the bridge. At all other times from 8 p.m. until 6 a.m., the bridge 
will open on signal.
    In order to facilitate necessary repairs, the bridge owner 
requested a nine-day bridge closure from September 19, 2005 through 
September 27, 2005. Therefore, in addition to the 4 closure periods 
identified in the March 16, 2005 temporary final rule, which have 
already occurred, the bridge will be closed from September 19, 2005 
through

[[Page 52918]]

September 27, 2005 under this regulation.

Discussion of Changes

    The Coast Guard is changing temporary final rule 117.T536, which 
authorized the bridge to open at 6 a.m., 8 a.m., 10 a.m., 12 p.m., 2 
p.m., 4 p.m., and 6 p.m., after a half-hour notice is given. This 
temporary final rule changes that schedule to allow the bridge to open 
at 6 a.m., 12 p.m., 6 p.m., and 8 p.m. after a half-hour notice is 
given by calling the number posted at the bridge. At all other times 
from 8 p.m. to 6 a.m., the bridge will open on signal. In addition, a 
nine-day closure is in effect from September 19, 2005 through September 
27, 2005.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, RegulatoryPlanning 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 SR 27 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 SR 27 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 
an 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.
    During the course of rulemaking upon this bridge, beginning on 
January 5, 2005, 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 affect 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.

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

[[Page 52919]]

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

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

PART 117--[AMENDED]

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

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1(g); Department of 
Homeland Security Delegation No. 170.1; section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.

0
2. Revise Sec.  117.T536 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 September 6, 2005 through November 30, 2005, the SR 27 
Bridge shall open on signal at 6 a.m., 12 p.m., 6 p.m., and 8 p.m., 
after at least a half-hour advance notice is given by calling the 
number posted at the bridge. At all other times from 8 p.m. to 6 a.m. 
the draw shall open on signal.
    (b) From September 19, 2005 through September 27, 2005, the bridge 
need not open for the passage of vessel traffic.

    Dated: August 25, 2005.
Mark J. Campbell,
Captain, U.S. Coast Guard, Acting First District Commander.
[FR Doc. 05-17714 Filed 9-1-05; 2:26 pm]
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