Federal Register / Vol. 89, No. 200 / Wednesday, October 16, 2024 / Rules and Regulations 83435 

contour, crossing onto the St. Helena 

map, to the intersection of the elevation 

contour with White Cottage Road; then 

(8) Proceed easterly along White 

Cottage Road for approximately 130 feet, 

returning to the beginning point. 

Signed: October 4, 2024. 

Mary G. Ryan, 

Administrator. 

Approved: October 7, 2024. 

Aviva R. Aron-Dine, 

Deputy Assistant Secretary, Tax Policy. 

[FR Doc. 2024–23655 Filed 10–15–24; 8:45 am] 

BILLING CODE 4810–31–P 

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 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 Gary.T.Croot@uscg.mil. 

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) 

§ 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 § 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 § 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 


lotter on DSK11XQN23PROD with RULES1
83436 Federal Register / Vol. 89, No. 200 / Wednesday, October 16, 2024 / Rules and Regulations 

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 

■ 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. 

§ 117.537 [Stayed] 

■ 2. Stay § 117.537. 

■ 3. Add § 117.T538 to read as follows: 

§ 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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