Rule2024-23738
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
October 16, 2024
Effective
October 16, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is temporarily revising the operating schedule that governs the Southport (SR27) Bridge at mile 0.7 across Townsend Gut between Boothbay Harbor and Southport, ME. This action is necessary to allow Maine Department of Transportation (ME DOT) to conduct rehabilitation of the bridge. During the effective period, the bridge will be unable to open to marine traffic due to an operational imbalance while the work is being conducted.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 200 (Wednesday, October 16, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 200 (Wednesday, October 16, 2024)]
[Rules and Regulations]
[Pages 83435-83436]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23738]
=======================================================================
-----------------------------------------------------------------------
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: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is temporarily revising the operating schedule
that governs the Southport (SR27) Bridge at mile 0.7 across Townsend
Gut between Boothbay Harbor and Southport, ME. This action is necessary
to allow Maine Department of Transportation (ME DOT) to conduct
rehabilitation of the bridge. During the effective period, the bridge
will be unable to open to marine traffic due to an operational
imbalance while the work is being conducted.
DATES: This rule is effective without actual notice from October 16,
2024, through 11:59 p.m. on May 30, 2025. For purposes of enforcement,
actual notice will be used from 12:01 a.m. on September 30, 2024
through October 16, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Type the
docket number USCG-2024-0400 in the ``SEARCH'' box and click
``SEARCH''. In the Document Type column, select ``Supporting & Related
Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this 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#561137242f78027815243939221623253531783b3f3a"><span class="__cf_email__" data-cfemail="7a3d1b0803542e54390815150e3a0f09191d54171316">[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
II. Background Information and Regulatory History
On June 21, 2024, the Coast Guard published a notice of proposed
rulemaking (NPRM), with a request for comments, entitled ``Drawbridge
Operation Regulation; Townsend Gut, Southport, ME'', in the Federal
Register (89 FR 51993), to seek your comments on whether the Coast
Guard should consider temporarily modifying the current operating
schedule to the Southport (SR27) Bridge. During the comment period
which ended July 22, 2024, no public comments were received.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
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 requested a temporary change to the regulation 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.
IV. Discussion of Comments, Changes and the Final Rule
The public comment period opened on June 21, 2024, and closed on
July 22, 2024. No public comments were received during the public
comment period.
This temporary final rule will stay the current regulation in Sec.
117.537, which requires the Southport (SR27) Bridge to open on request
from October 1 through April 28. From April 29 through September 30,
the bridge is required to open on request from 6 p.m. through 6 a.m.
and on request on the hour and half hour only from 6 a.m. through 6
p.m. This temporary final rule adds a temporary regulation in Sec.
117.T538 to allow the bridge to remain in the closed to navigation
position from September 30, 2024 through May 30, 2025. 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.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of 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 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, it has not been reviewed by the Office of Management and
Budget (OMB).
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 received no comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will 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 V.A
above, this rule
[[Page 83436]]
will not have a significant economic impact on any vessel owner or
operator.
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 rule. If the 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.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Government
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 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 rule does not have Tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does 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.
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 rule will not result in
such an expenditure, we do discuss the effects of this 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 rule promulgates the operating
regulations or procedures for drawbridges and is categorically excluded
from further review, under paragraph L49, of Appendix A, Table 1of DHS
Instruction Manual 023-01-001-01, Rev. 1.
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard amends
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; and DHS Delegation No.
00170.1, Revision No. 01.3.
Sec. 117.537 [Stayed]
0
2. Stay Sec. 117.537.
0
3. Add Sec. 117.T538 to read as follows:
Sec. 117.T538 Townsend Gut.
The draw of the Southport (SR27) Bridge at mile 0.7 across Townsend
Gut between Boothbay Harbor and Southport, Maine is allowed to remain
closed to navigation.
M.E. Platt,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2024-23738 Filed 10-15-24; 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 October 16, 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.