[Federal Register Volume 64, Number 164 (Wednesday, August 25, 1999)]
[Proposed Rules]
[Pages 46322-46323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22052]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the operating rules
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 to
remain closed to vessel traffic because the bridge has not had a
request to open since 1985. This proposal is expected to relieve the
bridge owner of the requirement to open the bridge and still meet the
needs of navigation.
DATES: Comments must reach the Coast Guard on or before October 25,
1999.
ADDRESSES: You may mail comments to Commander (obr), First Coast Guard
District, 408 Atlantic Avenue, Boston, Ma. 02110-3350, or deliver them
to the same address between 7 a.m. and 4 p.m., Monday through Friday,
except Federal holidays. The telephone number is (617) 223-8364. The
District Commander maintains the public docket for this rulemaking.
Comments and documents as indicated in this preamble will become part
of this docket and will be available for inspection or copying at 408
Atlantic Avenue, Boston, Massachusetts room 630, between 7 a.m. and 3
p.m. Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: John W. McDonald, Project Officer,
First Coast Guard District, (617) 223-8364.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking (CGD01-99-024) and the specific section of
this document to which each comment applies, and give reasons for each
comment. Please submit two copies of all comments and attachments in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. Persons wanting acknowledgment of
receipt of comments should enclose a stamped, self-addressed postcard
or envelope.
The Coast Guard will consider all comments received during the
comment period. It may change this proposed rule in view of the
comments. The Coast Guard plans no public hearing. Persons may request
a public hearing by writing to the address under ADDRESSES. The request
should include the reasons why a public hearing would be beneficial. If
it determines that the opportunity for oral presentations will aid this
rulemaking, the Coast Guard will hold a public hearing at a time and
place announced by a later notice in the Federal Register.
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 the drawbridge to remain closed to vessel traffic
because the bridge has not opened since 1985.
Discussion of Proposal
The Coast Guard is proposing to revise the regulations listed at 33
CFR 117.527, governing the Dock Square Drawbridge at mile 1.0, across
the Kennebunk River between Kennebunk and Kennebunkport, Maine. The
drawbridge has not opened since 1985. The Coast Guard believes as a
result of
[[Page 46323]]
the lack of requests to open the bridge that it is reasonable to allow
the Dock Square Drawbridge to remain closed to vessel traffic.
Regulatory Evaluation
This proposed 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 proposed 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 considers whether this proposal 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, the Coast Guard certifies under 5 U.S.C. 605(b), for
the reasons discussed in the Regulatory Evaluation section above, that
this proposed rule, if adopted, will not have a significant economic
impact on a substantial number of small entities. If, however, you
think that your business or organization qualifies as a small entity
and that this rule will have a significant economic impact on your
business or organization, please submit a comment (see ADDRESSES)
explaining why you think it qualifies and in what way and to what
degree this rule will economically affect it.
Collection of Information
This proposed 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 proposed rule in accordance with
the principles and criteria contained in Executive Order 12612 and has
determined that this proposed rule does not have sufficient
implications for federalism to warrant the preparation of a Federalism
Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposed rule and concluded that, under Section 2.B.2., Figure 2-1,
paragraph (32)(e), of Commandant Instruction M16475.1C, this proposed
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
proposed rule.
List of Subjects in 33 CFR Part 117
Bridges.
Regulation
For the reasons set out in the preamble, the Coast Guard proposes
to amend 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: August 11, 1999.
R.M. Larabee,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 99-22052 Filed 8-24-99; 8:45 am]
BILLING CODE 4910-15-P
