[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Rules and Regulations]
[Pages 36166-36167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13346]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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replaced with a fixed bridge in 2015 and the operating regulation is no
longer applicable or necessary.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