[Federal Register Volume 64, Number 215 (Monday, November 8, 1999)]
[Rules and Regulations]
[Pages 60672-60673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29147]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD01-99-024]
RIN 2115-AE47
Drawbridge Operation Regulations: Kennebunk 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 Dock Square Drawbridge mile 1.0, across the
Kennebunk River between Kennebunk and Kennebunkport, Maine. The bridge
owner has asked the Coast Guard to change the regulations to allow the
draw
[[Page 60673]]
to not open for vessel traffic because the bridge has not had a request
to open since 1985. This final rule is expected to relieve the bridge
owner of the requirement to open the bridge and still meet the needs of
navigation.
DATES: This final rule is effective December 8, 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; Kennebunk River,
Maine, in the Federal Register (64 FR 46322). 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 Dock Square Drawbridge has a vertical clearance at mean high
water of 5 feet and 14 feet at mean low water. The existing regulations
listed at 33 CFR 117.527, require the bridge to open on signal from
April 15 through October 15; except that, from 5 p.m. to 7 a.m., the
draw shall open if notice is given to the drawtender during his shift,
from 7 a.m. to 5 p.m. At all other times the draw shall open after 24
hours advance notice is given.
The bridge owner, Maine Department of Transportation, asked the
Coast Guard to change the regulations governing the Dock Square
Drawbridge to allow that the drawbridge need not open for vessel
traffic because the bridge has not opened since 1985.
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.
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 not had a request to open since 1985.
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 117.527 is revised to read as follows:
Sec. 117.527 Kennebunk River.
The Dock Square drawbridge at mile 1.0, across the Kennebunk River,
between Kennebunk and Kennebunkport, Maine, need not open for vessel
traffic. The owners of the bridge shall provide and keep in good
legible condition, two board gages in accordance with 33 CFR 118.160,
of this chapter.
Dated: October 28, 1999.
Robert F. Duncan,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 99-29147 Filed 11-5-99; 8:45 am]
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