81 FR 36166 - Drawbridge Operation Regulation; Kennebec River, Richmond and Dresden, ME

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 108 (June 6, 2016)

Page Range		36166-36167
FR Document		2016-13346

The Coast Guard is removing the existing drawbridge operation regulation for the Route-197 Bridge (Maine-Kennebec Bridge), across Kennebec River between Richmond and Dresden, Maine. The drawbridge was replaced with a fixed bridge in 2015 and the operating regulation is no longer applicable or necessary.

Federal Register, Volume 81 Issue 108 (Monday, June 6, 2016)

[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Rules and Regulations]
[Pages 36166-36167]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13346]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0344]
RIN 1625-AA09


Drawbridge Operation Regulation; Kennebec River, Richmond and 
Dresden, ME

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is removing the existing drawbridge operation 
regulation for the Route-197 Bridge (Maine-Kennebec Bridge), across 
Kennebec River between Richmond and Dresden, Maine. The drawbridge was 
replaced with a fixed bridge in 2015 and the operating regulation is no 
longer applicable or necessary.

DATES: This rule is effective June 6, 2016.

ADDRESSES: To view documents in this preamble as being available in the 
docket, go to http://www.regulations.gov, Type [USCG-2016-0344]. In the 
``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the 
line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Jim Rousseau, Project Officer, First Coast Guard 
District Bridge Branch, Coast Guard, telephone 617-223-8619, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this final rule without prior notice and 
opportunity to comment pursuant to authority under section 4(a) of the 
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision 
authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the Route-197-Bridge, that once 
required draw operations in 33 CFR 117.525(b) was removed from the 
Kennebec River and replaced with a fixed bridge in 2015. Therefore, the 
regulation is no longer applicable and should be removed from 
publication. It is unnecessary to publish an NPRM because this 
regulatory action does not place any restrictions on mariners but 
rather removes restrictions that have no further use or value.
    We are issuing this rule under 5 U.S.C. 553(d)(3), the Coast Guard 
finds that good cause exists for making this rule effective in less 
than 30 days after publication in the Federal Register. The bridge has 
been fixed bridge for 4 months and this rule merely requires an 
administrative change to the Code of Federal Regulations, in order to 
omit a regulatory requirement that is no longer applicable or 
necessary. The modification has already taken place and the removal of 
the regulation will not affect mariners currently operating on this 
waterway. Therefore, a delayed effective date is unnecessary.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
    The Route-197 Bridge (Maine Kennebec Bridge) was removed and 
replaced with a fixed bridge in 2015. The elimination of this 
drawbridge necessitates the removal of the drawbridge operation 
regulation, 33 CFR 117.525, that pertains to the former drawbridge.

IV. Discussion of the Final Rule

    The Coast Guard is changing the regulation in 33 CFR 117.525 by 
removing restrictions and the regulatory burden related to the draw 
operations for this bridge that is no longer a drawbridge. The change 
removes the paragraph (b) of the regulation governing the Route-197 
Bridge since the bridge has been replace with a fixed bridge. This 
change does not affect waterway or land traffic. This change does not 
affect nor does it alter the operating schedule in 33 CFR 117.525 that 
govern the remaining active drawbridge on the Kennebec River.

V. Regulatory Analysis

    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 or Executive Orders, and we discuss 
First Amendment rights of protesters.

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. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the fact that the 
bridge was removed from the waterway and no longer operates as a 
drawbridge. The removal of the operation schedule from 33 CFR part 117 
will have no effect on the movement of waterway or land traffic.

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

[[Page 36167]]

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 rule will not have a 
significant economic impact on a substantial number of small entities.
    For the reasons stated in section V.A above this final rule would 
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, 
above.
    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 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 and Commandant Instruction M16475.lD, which 
guides the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have made a 
determination that this action is one of a category of actions which do 
not individually or cumulatively have a significant effect on the human 
environment. This rule simply promulgates the operating regulations or 
procedures for drawbridges. This action is categorically excluded from 
further review, under figure 2-1, paragraph (32)(e), of the 
Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

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; Department of Homeland 
Security Delegation No. 0170.1.


0
2. Revise Sec.  117.525 to read as follows:


Sec.  117.525  Kennebec River.

    The draw of the Carlton Bridge, mile 14.0, between Bath and 
Woolwich shall operate as follows:
    (a) From May 15 through September 30 the draw shall open on signal; 
except that, from 5 p.m. to 8 a.m., the draw shall open on signal if a 
two-hour notice is given by calling the number posted at the bridge.
    (b) From October 1 through May14 the draw shall open on signal; 
except that, from 5 p.m. to 8 a.m., the draw shall open on signal after 
a twenty-four hours notice is given from 8 a.m. to 5 p.m., on Saturday 
and Sunday, after an eight-hour notice is given by calling the number 
posted at the bridge.

    Dated: May 20, 2016.
L.L. Fagan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2016-13346 Filed 6-3-16; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations 36167

entities during rulemaking. The term 13175, Consultation and Coordination PART 117—DRAWBRIDGE
‘‘small entities’’ comprises small with Indian Tribal Governments, OPERATION REGULATIONS
businesses, not-for-profit organizations because it does not have a substantial
that are independently owned and direct effect on one or more Indian ■ 1. The authority citation for part 117
operated and are not dominant in their tribes, on the relationship between the continues to read as follows:
fields, and governmental jurisdictions Federal Government and Indian tribes, Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
with populations of less than 50,000. or on the distribution of power and Department of Homeland Security Delegation
The Coast Guard certifies under 5 U.S.C. responsibilities between the Federal No. 0170.1.
605(b) that this rule will not have a Government and Indian tribes. ■ 2. Revise § 117.525 to read as follows:
significant economic impact on a
substantial number of small entities. E. Unfunded Mandates Reform Act § 117.525 Kennebec River.
For the reasons stated in section V.A The Unfunded Mandates Reform Act The draw of the Carlton Bridge, mile
above this final rule would not have a of 1995 (2 U.S.C. 1531–1538) requires 14.0, between Bath and Woolwich shall
significant economic impact on any Federal agencies to assess the effects of operate as follows:
vessel owner or operator. their discretionary regulatory actions. In (a) From May 15 through September
Under section 213(a) of the Small particular, the Act addresses actions 30 the draw shall open on signal; except
Business Regulatory Enforcement that may result in the expenditure by a that, from 5 p.m. to 8 a.m., the draw
Fairness Act of 1996 (Pub. L. 104–121), State, local, or tribal government, in the shall open on signal if a two-hour notice
we want to assist small entities in aggregate, or by the private sector of is given by calling the number posted at
understanding this rule. If the rule $100,000,000 (adjusted for inflation) or the bridge.
would affect your small business, more in any one year. Though this rule (b) From October 1 through May14 the
organization, or governmental will not result in such expenditure, we draw shall open on signal; except that,
jurisdiction and you have questions do discuss the effects of this rule from 5 p.m. to 8 a.m., the draw shall
concerning its provisions or options for elsewhere in this preamble. open on signal after a twenty-four hours
compliance, please contact the person notice is given from 8 a.m. to 5 p.m., on
listed in the FOR FURTHER INFORMATION F. Environment Saturday and Sunday, after an eight-
CONTACT, above. hour notice is given by calling the
Small businesses may send comments We have analyzed this rule under
Department of Homeland Security number posted at the bridge.
on the actions of Federal employees
who enforce, or otherwise determine Management Directive 023–01 and Dated: May 20, 2016.
compliance with, Federal regulations to Commandant Instruction M16475.lD, L.L. Fagan,
the Small Business and Agriculture which guides the Coast Guard in Rear Admiral, U.S. Coast Guard, Commander,
Regulatory Enforcement Ombudsman complying with the National First Coast Guard District.
and the Regional Small Business Environmental Policy Act of 1969 [FR Doc. 2016–13346 Filed 6–3–16; 8:45 am]
Regulatory Fairness Boards. The (NEPA)(42 U.S.C. 4321–4370f), and BILLING CODE 9110–04–P
Ombudsman evaluates these actions have made a determination that this
annually and rates each agency’s action is one of a category of actions
responsiveness to small business. If you which do not individually or DEPARTMENT OF HOMELAND
wish to comment on actions by cumulatively have a significant effect on SECURITY
employees of the Coast Guard, call 1– the human environment. This rule
simply promulgates the operating Coast Guard
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against regulations or procedures for
drawbridges. This action is categorically 33 CFR Part 165
small entities that question or complain
about this rule or any policy or action excluded from further review, under [Docket No. USCG–2016–0298]
of the Coast Guard. figure 2–1, paragraph (32)(e), of the
Instruction. Safety Zones; Multiple Fireworks in
C. Collection of Information Under figure 2–1, paragraph (32)(e), of Captain of the Port New York Zone
This rule calls for no new collection the Instruction, an environmental AGENCY: Coast Guard, DHS.
of information under the Paperwork analysis checklist and a categorical
Reduction Act of 1995 (44 U.S.C. 3501– ACTION: Notice of enforcement of
exclusion determination are not
3520). regulation.
required for this rule.
D. Federalism and Indian Tribal G. Protest Activities SUMMARY: The Coast Guard will enforce
Government various safety zones within the Captain
The Coast Guard respects the First of the Port New York Zone on the
A rule has implications for federalism Amendment rights of protesters. specified dates and times. This action is
under Executive Order 13132, Protesters are asked to contact the necessary to ensure the safety of vessels
Federalism, if it has a substantial direct person listed in the FOR FURTHER and spectators from hazards associated
effect on the States, on the relationship INFORMATION CONTACT section to with fireworks displays. During the
between the national government and coordinate protest activities so that your enforcement period, no person or vessel
the States, or on the distribution of message can be received without may enter the safety zones without
power and responsibilities among the jeopardizing the safety or security of permission of the Captain of the Port
various levels of government. We have people, places or vessels. (COTP).
mstockstill on DSK3G9T082PROD with RULES

analyzed this rule under that Order and
have determined that it is consistent List of Subjects in 33 CFR Part 117 DATES: The regulation for the safety
with the fundamental federalism zones described in 33 CFR 165.160 will
Bridges. be enforced on the dates and times
principles and preemption requirements
described in Executive Order 13132. For the reasons discussed in the listed in the table below.
Also, this rule does not have tribal preamble, the Coast Guard amends 33 FOR FURTHER INFORMATION CONTACT: If
implications under Executive Order CFR part 117 as follows: you have questions on this notice of

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Document Created: 2016-06-04 00:16:50
Document Modified: 2016-06-04 00:16:50

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule is effective June 6, 2016.
Contact		If you have questions on this rule, call or email Mr. Jim Rousseau, Project Officer, First Coast Guard District Bridge Branch, Coast Guard, telephone 617-223-8619, email [email protected]
FR Citation		81 FR 36166
RIN Number		1625-AA09

81 FR 36166 - Drawbridge Operation Regulation; Kennebec River, Richmond and Dresden, ME

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 81, Issue 108 (June 6, 2016)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard