[Federal Register Volume 64, Number 217 (Wednesday, November 10, 1999)]
[Rules and Regulations]
[Pages 61207-61209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29363]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD05-99-003]
RIN 2115-AE47
Drawbridge Operation Regulations; Miles River, Easton, MD
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the regulations that govern the
operation of the Maryland Route S370 drawbridge across the Miles River,
Mile 10.0, at Easton, Maryland. This change will restrict drawbridge
openings from November 1 through March 31, 24 hours a day, and from
April 1 through October 31, from 6 p.m. to 6 a.m., by requiring a six-
hour advance notice for
[[Page 61208]]
drawbridge openings. At all other times the bridge will open on demand.
This new rule will eliminate the need to have the bridge constantly
manned during times of minimal use while still providing for the
reasonable needs of navigation.
DATES: This rule is effective December 10, 1999.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD05-99-003 and are available for inspection or
copying at the office of the Commander (AOWB), Fifth Coast Guard
District, Federal Building, 4th Floor, 431 Crawford Street, Portsmouth,
Virginia 23704-5004, between 8 a.m. and 4:30 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Ann B. Deaton, Bridge Administrator,
Fifth Coast Guard District, at 757-398-6222.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On May 14, 1999, we published a Notice of Proposed Rulemaking
(NPRM) entitled ``Drawbridge Operation Regulations; Miles River,
Easton, MD'' in the Federal Register (64 FR 26350). We received no
letters commenting on the Proposed Rule. No public hearing was
requested, and none was held.
Background and Purpose
33 CFR 117.565 currently requires the draw of the S370 Miles River
Bridge, mile 10.0 at Easton, to open on signal from sunrise to sunset.
A vessel wishing to pass through the draw from sunset to sunrise must
notify the drawtender of the time at which it is desired to pass and
the draw must open as close to the time requested as practicable.
The Maryland Department of Transportation, State Highway
Administration, requested that we change the opening schedule of this
bridge by requiring a six-hour advance notice for drawbridge openings,
from November 1 through March 31, 24 hours a day, and from April 1
through October 31, from 6 p.m. to 6 a.m. At all other times the bridge
will open on demand. This change was requested to better establish the
times the bridge will open on demand and to eliminate the need for a
drawtender during times when there are a minimal number or no bridge
openings. The Maryland Department of Transportation provided draw logs
that showed the drawbridge had opened 4 times in two years from
November 1 through March 31. The logs also clearly showed a reduced
number of drawbridge openings from April 1 through October 31 between
the hours of 6 p.m. and 6 a.m. The Coast Guard conducted a field study
of the local marinas and waterway users in the area of the drawbridge.
No adverse comments were received during the field study. This bridge
is located in a rural upriver location with little or no nighttime
navigation.
Discussion of Comments and Changes
The Coast Guard received no comments on the NPRM. Since no comments
were received and we believe the change is warranted based on our
findings, the final rule is being implemented without change.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that Order. The
Office of Management and Budget has not reviewed it under that Order.
It is not ``significant'' under the regulatory policies and procedures
of the Department of Transportation (DOT) (44 FR 11040, February 26,
1979). The Coast Guard reached this conclusion based on the fact that
the proposed changes will not prevent mariners from transiting the
bridge, but merely require mariners to adhere to the new operation
procedures for notice before transits of the bridge.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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. This conclusion is based on the fact that this rule will only
affect drawbridge openings during periods of little or no usage by
vessel operators, and it clarifies the hours when the bridge must open
on signal for both the bridge owner and vessel operators.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. This was
accomplished through solicitation of comments from local waterway users
and marinas during a Coast Guard conducted field study, and through
publication of the NPRM in the Federal Register in which comments were
solicited.
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).
Federalism
We have analyzed this rule under Executive Order 13132 and have
determined that this rule does not have implications for federalism
under that Order.
Unfunded Mandate Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal Government having first provided the funds to pay
those unfunded mandate costs. This rule will not impose an unfunded
mandate.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under E.O. 12630, Governmental Actions and
Interference with Constitutionally Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under E.O. 13045, Protection of Children
from Environmental Health Risks and Safety Risks. This rule is not an
economically significant rule and does not concern an environmental
risk to health or risk to safety that may disproportionately affect
children.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that under figure 2-1, paragraph (32)(e) of Commandant
Instruction M16475.1C, this rule is categorically excluded from further
[[Page 61209]]
environmental documentation. This rule only deals with the operating
schedule of an existing drawbridge and will have no impact on the
environment. A ``Categorical Exclusion Determination'' is available in
the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
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; 49 CFR 1.46; 33 CFR 1.05-1(g); Section
117.255 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
2. Revise Sec. 117.565 to read as follows:
Sec. 117.565 Miles River.
The draw of the Route S370 bridge, mile 10.0 at Easton, Maryland,
shall open on signal; except that from November 1 through March 31, 24
hours a day, and from April 1 through October 31, from 6 p.m. to 6
a.m., a six-hour advance notice to the drawtender is required for
bridge openings.
Dated: October 27, 1999.
Thomas E. Bernard,
Acting Captain, U. S. Coast Guard, Acting Commander, Fifth Coast Guard
District.
[FR Doc. 99-29363 Filed 11-9-99; 8:45 am]
BILLING CODE 4910-15-P
