[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Rules and Regulations]
[Pages 36166-36167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13346]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0344]
RIN 1625-AA09


Drawbridge Operation Regulation; Kennebec River, Richmond and 
Dresden, ME

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is removing the existing drawbridge operation 
regulation for the Route-197 Bridge (Maine-Kennebec Bridge), across 
Kennebec River between Richmond and Dresden, Maine. The drawbridge was 
replaced with a fixed bridge in 2015 and the operating regulation is no 
longer applicable or necessary.

DATES: This rule is effective June 6, 2016.

ADDRESSES: To view documents in this preamble as being available in the 
docket, go to http://www.regulations.gov, Type [USCG-2016-0344]. In the 
``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the 
line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Jim Rousseau, Project Officer, First Coast Guard 
District Bridge Branch, Coast Guard, telephone 617-223-8619, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this final rule without prior notice and 
opportunity to comment pursuant to authority under section 4(a) of the 
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision 
authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the Route-197-Bridge, that once 
required draw operations in 33 CFR 117.525(b) was removed from the 
Kennebec River and replaced with a fixed bridge in 2015. Therefore, the 
regulation is no longer applicable and should be removed from 
publication. It is unnecessary to publish an NPRM because this 
regulatory action does not place any restrictions on mariners but 
rather removes restrictions that have no further use or value.
    We are issuing this rule under 5 U.S.C. 553(d)(3), the Coast Guard 
finds that good cause exists for making this rule effective in less 
than 30 days after publication in the Federal Register. The bridge has 
been fixed bridge for 4 months and this rule merely requires an 
administrative change to the Code of Federal Regulations, in order to 
omit a regulatory requirement that is no longer applicable or 
necessary. The modification has already taken place and the removal of 
the regulation will not affect mariners currently operating on this 
waterway. Therefore, a delayed effective date is unnecessary.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
    The Route-197 Bridge (Maine Kennebec Bridge) was removed and 
replaced with a fixed bridge in 2015. The elimination of this 
drawbridge necessitates the removal of the drawbridge operation 
regulation, 33 CFR 117.525, that pertains to the former drawbridge.

IV. Discussion of the Final Rule

    The Coast Guard is changing the regulation in 33 CFR 117.525 by 
removing restrictions and the regulatory burden related to the draw 
operations for this bridge that is no longer a drawbridge. The change 
removes the paragraph (b) of the regulation governing the Route-197 
Bridge since the bridge has been replace with a fixed bridge. This 
change does not affect waterway or land traffic. This change does not 
affect nor does it alter the operating schedule in 33 CFR 117.525 that 
govern the remaining active drawbridge on the Kennebec River.

V. Regulatory Analysis

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes or Executive Orders, and we discuss 
First Amendment rights of protesters.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the fact that the 
bridge was removed from the waterway and no longer operates as a 
drawbridge. The removal of the operation schedule from 33 CFR part 117 
will have no effect on the movement of waterway or land traffic.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small

[[Page 36167]]

entities during rulemaking. 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.
    For the reasons stated in section V.A above this final rule would 
not have a significant economic impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. 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).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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.

E. 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 a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guides the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have made a 
determination that this action is one of a category of actions which do 
not individually or cumulatively have a significant effect on the human 
environment. This rule simply promulgates the operating regulations or 
procedures for drawbridges. This action is categorically excluded from 
further review, under figure 2-1, paragraph (32)(e), of the 
Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 117

    Bridges.

    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; Department of Homeland 
Security Delegation No. 0170.1.


0
2. Revise Sec.  117.525 to read as follows:


Sec.  117.525  Kennebec River.

    The draw of the Carlton Bridge, mile 14.0, between Bath and 
Woolwich shall operate as follows:
    (a) 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.
    (b) From October 1 through May14 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 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: May 20, 2016.
L.L. Fagan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2016-13346 Filed 6-3-16; 8:45 am]
 BILLING CODE 9110-04-P