Proposed Rule2024-13472
Drawbridge Operation Regulation; Townsend Gut, Southport, ME
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 21, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard proposes to temporarily modify the operating schedule that governs the Southport (SR27) Bridge at mile 0.7 across Townsend Gut between Boothbay Harbor and Southport, ME. The bridge owner, Maine Department of Transportation (ME DOT), has submitted a request to allow the bridge to remain closed to vessel traffic. ME DOT is conducting rehabilitation of the swing bridge and the bridge will be unable to open to marine traffic due to an operational imbalance while the work is being conducted. We invite your comments on this proposed rulemaking.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 120 (Friday, June 21, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 120 (Friday, June 21, 2024)]
[Proposed Rules]
[Pages 51993-51995]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-13472]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2024-0400]
RIN 1625-AA09
Drawbridge Operation Regulation; Townsend Gut, Southport, ME
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to temporarily modify the operating
schedule that governs the Southport (SR27) Bridge at mile 0.7 across
Townsend Gut between Boothbay Harbor and Southport, ME. The bridge
owner, Maine Department of Transportation (ME DOT), has submitted a
request to allow the bridge to remain closed to vessel traffic. ME DOT
is conducting rehabilitation of the swing bridge and the bridge will be
unable to open to marine traffic due to an operational imbalance while
the work is being conducted. We invite your comments on this proposed
rulemaking.
DATES: Comments and related material must reach the Coast Guard on or
before July 22, 2024.
ADDRESSES: You may submit comments identified by docket number USCG-
2024-0400 using Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments. This notice of proposed rulemaking with its plain-
language, 100-word-or-less proposed rule summary will be available in
this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mr. Gary Croot, First Coast Guard District, Project
Officer, telephone 206-815-1364, email <a href="/cdn-cgi/l/email-protection#94d3f5e6edbac0bad7e6fbfbe0d4e1e7f7f3baf9fdf8"><span class="__cf_email__" data-cfemail="f7b096858ed9a3d9b485989883b782849490d99a9e9b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec. Section
U.S.C. United States Code
ME DOT Maine Department of Transportation
II. Background, Purpose and Legal Basis
The Southport Swing Bridge carries Maine State Route 27 across
Townsend Gut at mile 0.7 between Boothbay Harbor, ME and Southport, ME.
The bridge has a vertical clearance of 10.0 feet at Mean High Water and
52.0 feet horizontal clearance when in the closed position. Waterway
users include recreational boaters and commercial fishing vessels.
The existing drawbridge operating regulation is 33 CFR 117.537 and
requires the bridge to open on request, except that from April 29
through September 30, between 6 a.m. and 6 p.m. the draw shall open on
signal on the hour and half hour only, after an opening request is
given.
ME DOT is requesting a temporary rulemaking to allow the bridge to
remain in the closed to navigation position so they can conduct bridge
rehabilitation which includes replacing the bridge deck, and electrical
and mechanical systems upgrades. The bridge will be unable to open to
marine traffic due to an operational imbalance while the work is being
conducted.
III. Discussion of Proposed Rule
The Coast Guard is proposing to stay 33 CFR 117.537 from 12:01 a.m.
September 30, 2024, through 11:59 p.m. on May 30, 2025, and adding a
new temporary section that allows the bridge to remain in the closed to
navigation position during that same time period. Vessels that can pass
under the bridge while in the closed position may do so. Vessels that
are too large to pass under the bridge while in the closed position may
navigate around Southport Island.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on these statutes and Executive Orders.
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. This proposed rule has not been designated a
``significant regulatory action,'' under section 3(f) of Executive
Order 12866, as amended by Executive Order 14094 (Modernizing
Regulatory Review). Accordingly, the NPRM has not been reviewed by the
Office of Management and Budget (OMB).
[[Page 51994]]
This regulatory action determination is based on the ability of
vessels to use an alternate route. Vessels that are able to pass under
the bridge while in the closed position may continue to do so.
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 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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section IV.A
above this proposed rule would not have a significant economic impact
on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed rule. If the proposed 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 section. The Coast Guard will not retaliate
against small entities that question or complain about this proposed
rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
D. Federalism and Indian Tribal Governments
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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
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 proposed rule will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series), which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The
Coast Guard has determined that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule promulgates the
operating regulations or procedures for drawbridges. Normally such
actions are categorically excluded from further review, under paragraph
L49, of Chapter 3, Table 3-1 of the U.S. Coast Guard Environmental
Planning Implementation Procedures.
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2024-0400 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If your material cannot be submitted using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, contact the person in the FOR FURTHER INFORMATION
CONTACT section of this document for alternate instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. Also, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted, or a
final rule is published of any posting or updates to the docket.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
in response to this document, see DHS's eRulemaking System of Records
notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 117
Bridges.
[[Page 51995]]
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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; DHS Delegation No.
00170.1. Revision No. 01.3.
0
2. Stay Sec. 117.537 from 12:01 a.m. on September 30, 2024, through
11:59 p.m. on May 30, 2025.
0
3. Add Sec. 117.T538 to read as follows:
Sec. 117.T538 Townsend Gut.
The draw shall not be required to open from 12:01 a.m. on September
30, 2024, through 11:59 p.m. on May 30, 2025.
M.E. Platt,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2024-13472 Filed 6-20-24; 8:45 am]
BILLING CODE 9110-04-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on June 21, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.