[Federal Register Volume 64, Number 164 (Wednesday, August 25, 1999)]
[Proposed Rules]
[Pages 46323-46325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22053]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the operating rules
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 proposal 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: 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 (CGD01-98-174) 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
[[Page 46324]]
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 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 Proposal
The Coast Guard is proposing to change the operating regulations
for the Route-197 Bridge, to require the draw to open on signal, from
June 1 through September 30, from 9 a.m. to 5 p.m., and 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 time the drawtender is on duty, 9
a.m. to 5 p.m. From October 1 through May 31, the draw shall open on
signal if at least a 24 hour advance notice is given to the Maine
Department of Transportation Division Office in Rockland, Maine.
The bridge opening logs submitted to the Coast Guard by the bridge
owner for the Route-197 Bridge from 1996 to 1998 show the number of
opening requests as follows: January 0, 0, 0; February 0, 0, 0; March
0, 0, 0; April 0, 0, 0; May 12, 9, 12; June 14, 20, 14; July 18, 20,
20; August 18, 31, 16; September 20, 11, 10; October 0, 13, 9; November
0, 0, 2; December 0, 0, 0, openings respectively. The bridge logs show
relatively few requests to open the bridge from June 1 to September 30.
The Coast Guard believes the proposed changes to the regulations
are reasonable because the bridge has been operating in accordance with
the proposed hours since 1989, and the Coast Guard has determined,
based upon the bridge opening data, the fact that the waterway is
normally frozen during the winter months, and the lack of complaints,
that these operating hours still meet the needs of navigation.
The existing paragraph (b) will be re-designated as (a)(8), and a
new paragraph (b) will be added to the existing regulations indicating
the operating regulations for the Route-197 Bridge.
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 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 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 117.525 is amended by re-designating 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.
[[Page 46325]]
Dated: August 11, 1999.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 99-22053 Filed 8-24-99; 8:45 am]
BILLING CODE 4910-15-P
