[Federal Register Volume 64, Number 218 (Friday, November 12, 1999)]
[Rules and Regulations]
[Pages 61520-61521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29504]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD01-98-174]
RIN 2115-AE47
Drawbridge Operation Regulations: Kennebec River, ME
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the drawbridge operation
regulations governing the Route-197 Bridge, mile 27.1, across the
Kennebec River between Richmond and Dresden, Maine. The bridge owner
asked the Coast Guard to change the regulations to restore the
operating regulations that were inadvertently deleted in 1989, from the
Code of Federal Regulations. This final rule is expected to relieve the
bridge owner of the requirement to crew the bridge at all times and
still meet the needs of navigation.
DATES: This final rule is effective December 13, 1999.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at the First Coast Guard District Office, 408
Atlantic Avenue, Boston, Massachusetts, 02110, 7 a.m. to 3 p.m., Monday
through Friday, except Federal holidays. The telephone number is (617)
223-8364.
FOR FURTHER INFORMATION CONTACT: John W. McDonald, Project Officer,
First Coast Guard District, (617) 223-8364.
SUPPLEMENTARY INFORMATION:
Regulatory History
On August 25, 1999, the Coast Guard published a notice of proposed
rulemaking entitled Drawbridge Operation Regulations; Kennebec River,
Maine, in the Federal Register (64 FR 46323). The Coast Guard received
no comments in response to the notice of proposed rulemaking. No public
hearing was requested and none was held.
Background
The Route-197 Bridge has a vertical clearance at mean high water of
15 feet and at mean low water of 20 feet. The existing regulations
require the bridge to open on signal at all times. The bridge owner,
Maine Department of Transportation (MDOT), asked the Coast Guard to
change the operating regulations for the Route-197 Bridge to correct an
inadvertent removal of the operating regulations in 1989, as docket
number (CGD01-89-077). The bridge owner was not aware of the removal
and continued to operate the bridge in accordance with the old
regulations. The Coast Guard was also unaware of the inadvertent
removal until notified by the bridge owner.
This proposal, if adopted, will require the bridge open on signal
from June 1 through September 30, 9 a.m. to 5 p.m. From 5 p.m. to 9
a.m., the draw shall open on signal after notice is given to the
drawtender at the bridge during the drawtender's duty shift from 9 a.m.
to 5 p.m. From October 1 to May 31, the draw shall open on signal after
at least a 24 hour advance notice is given to the Maine Department of
Transportation Division Office in Rockland, Maine.
Discussion of Comments and Changes
The Coast Guard received no comments in response to the notice of
proposed rulemaking and no changes have been made to this final rule.
[[Page 61521]]
Regulatory Evaluation
This final 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. It has not been reviewed by the Office of Management and
Budget 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). The Coast Guard expects the economic
impact of this final rule to be so minimal that a full Regulatory
Evaluation under paragraph 10e of the regulatory policies and
procedures of DOT is unnecessary. This conclusion is based on the fact
that the bridge has continued to operate under the old regulations that
were inadvertently removed, and the mariners will not be required to
change their current operations as a result.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this final rule will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include 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. Therefore, for reasons discussed in the Regulatory Evaluation
section above, the Coast Guard certifies under section 605(b) of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this final rule
will not have a significant economic impact on a substantial number of
small entities.
Collection of Information
This final rule does not provide for a collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this final rule in accordance with the
principles and criteria contained in Executive Order 13132 and has
determined that this final rule does not have federalism implications
under that Order.
Environment
The Coast Guard considered the environmental impact of this final
rule and concluded that, under Section 2.B.2., Figure 2-1, paragraph
(32)(e), of Commandant Instruction M16475.1C, this final 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.
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.
2. Section 117.525 is amended by redesignating paragraph (b) as
paragraph (a)(8) and by adding a new paragraph (b) to read as follows:
Sec. 117.525 Kennebec River
* * * * *
(b) The draw of the Route-197 bridge, mile 27.1, between Richmond
and Dresden shall open on signal from June 1 through September 30, from
9 a.m. to 5 p.m. From 5 p.m. to 9 a.m., the draw shall open on signal
after notice is given to the drawtender while the drawtender is on duty
between 9 a.m. and 5 p.m. From October 1 through May 31, the draw shall
open on signal after at least a twenty-four-hour advance notice is
given to the Maine Department of Transportation Division Office in
Rockland, Maine.
Dated: October 29, 1999.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 99-29504 Filed 11-10-99; 8:45 am]
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