[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 [www.gpo.gov]
[FR Doc No: 2024-23738]


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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.

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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 https://www.regulations.gov. 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


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