[Federal Register Volume 71, Number 158 (Wednesday, August 16, 2006)]
[Rules and Regulations]
[Pages 47096-47098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-13384]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD01-06-019]
RIN 1625-AA09


Drawbridge Operation Regulations; Townsend Gut, Boothbay and 
Southport, ME

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the drawbridge operation 
regulations that govern the operation of the Southport (SR27) Bridge, 
across Townsend Gut, at mile 0.7, between Boothbay Harbor and 
Southport, Maine. This final rule changes the regulation to require the 
Southport (SR27) Bridge to operate on a fixed opening schedule between 
April 29 and September 30, each year. This final rule is expected to 
help relieve vehicular traffic delays during the summertime tourism 
season while continuing to meet both the current and anticipated needs 
of navigation.

DATES: This rule is effective September 15, 2006.

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 CGD01-06-019 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 McDonald, Project Officer, 
First Coast Guard District, (617) 223-8364.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On April 20, 2006, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulations''; Townsend Gut, 
Booth Bay and Southport, ME, in the Federal

[[Page 47097]]

Register (71 FR 20376). We received twelve comment letters in response 
to the notice of proposed rulemaking. No public hearing was requested 
and none was held.

Background and Purpose

    The Southport (SR27) Bridge, across Townsend Gut, at mile 0.7, 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 operation 
regulations, listed at 33 CFR 117.5, require the bridge to open on 
signal at all times.
    The owner of the bridge, Maine Department of Transportation (MDOT), 
requested a change to the drawbridge operation regulations governing 
the operation of the Southport (SR27) Bridge to require it to open on 
signal, on the hour, between 6 a.m. and 6 p.m., from April 29 through 
September 30, each year. The rule change was proposed to help reduce 
vehicular traffic delays during the summer tourism season when 
vehicular traffic is greatly increased.
    Frequent bridge openings during the summer months result in 
vehicular traffic delays during the daytime hours in Boothbay Harbor 
and Southport. The Southport (SR27) Bridge opened 4,136 times in 2004. 
Specifically, 3,493 (84%) of the 2004 bridge openings were between May 
and September.
    The Town of Southport Board of Selectmen conducted a public meeting 
in the fall of 2005, to survey public opinion regarding the proposed 
regulation change originally reflected in the notice of proposed 
rulemaking published on April 20, 2006.
    The local residents, mariners, and commercial vessel operators who 
attended the meeting were in favor of permanently changing the 
regulation governing the operation of the Southport (SR27) Bridge to 
require the bridge to open on signal, once an hour, on the hour, 
between 6 a.m. and 6 p.m., from April 29 through September 30, each 
year. All other provisions of the existing regulation would remain 
unchanged.

Discussion of Comments and Changes

    The Coast Guard received twelve comment letters in response to the 
notice of proposed rulemaking published on April 20, 2006.
    Six were in favor of the proposed rule change requiring the bridge 
to open once an hour, on the hour, and six were opposed to the hourly 
openings.
    The six comment letters in opposition to the hourly bridge openings 
varied in reasons, ranging from a concern for boating safety, greater 
delays of vessel traffic, longer bridge openings to accommodate the 
volume of vessel traffic waiting to transit the bridge, and a concern 
for the safety of motorists that will be more likely to rush across the 
bridge before the hourly bridge opening.
    Three comment letters suggested that the bridge open two times an 
hour, on the hour and half hour, as a compromise remedy.
    The Coast Guard has considered the inconvenience to local 
lobstermen, local commercial passenger vessels, and recreational 
boaters. Specifically, the Coast Guard considered the added cost to 
lobster boat operators bypassing the bridge and navigating around the 
island and the delays to recreational boaters. We believe these 
complaints are legitimate as are the concerns of motorists being 
delayed for frequent unscheduled bridge openings.
    After reviewing the comments received, and re-visiting the various 
competing interests, the Coast Guard believes that having two bridge 
openings an hour, on the hour and half hour, from 6 a.m. to 6 p.m. 
would accommodate the maritime community including local lobstermen, 
local commercial passenger vessels, recreational boaters, and motorists 
who seek to cross the bridge.
    As a result, we have modified this final rule to allow the 
Southport (SR27) Bridge to open twice an hour, on the hour and half 
hour, between 6 a.m. and 6 p.m., from April 29 through September 30. 
For the remainder of the year, the bridge will open on signal.

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.
    This conclusion is based on the fact that vessel traffic, which is 
not able to pass under the Southport (SR27) Bridge in the closed 
position, will still be provided bridge openings twice every hour, on 
the hour and half hour. Moreover, mariners can safely utilize the 
alternate route to open water through Sheepscot Bay.

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 of 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 rule will affect the following entities, some of 
which may be small entities: local lobstermen, local commercial 
passenger vessels, and recreational boaters. This rule will not have a 
significant economic impact on these entities for the reasons described 
under the Regulatory Evaluation section.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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

[[Page 47098]]

Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a 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 would not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

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 a 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 adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D, 
and Department of Homeland Security Management Directive 5100.1, which 
guide 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. Under figure 2-1, paragraph (32)(e), of the Instruction, 
an ``Environmental Analysis Check List'' and a ``Categorical Exclusion 
Determination'' are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons discussed 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; 33 CFR 1.05-1(g); Department of 
Homeland Security Delegation No. 0170.1; section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.


0
2. Add Sec.  117.537 to read as follows:


Sec.  117.537  Townsend Gut.

    The draw of the Southport (SR27) Bridge, at mile 0.7, across 
Townsend Gut between Boothbay Harbor and Southport, Maine shall open on 
signal; except that, from April 29 through September 30, between 6 a.m. 
and 6 p.m., the draw shall open on signal on the hour and half hour 
only, after an opening request is given.

    Dated: July 31, 2006.
Timothy S. Sullivan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
 [FR Doc. E6-13384 Filed 8-15-06; 8:45 am]
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