[Federal Register Volume 62, Number 76 (Monday, April 21, 1997)]
[Proposed Rules]
[Pages 19245-19246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10150]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD05-97-013]
RIN 2115-AE47
Drawbridge Operation Regulations; Isle of Wight Bay, Ocean City,
MD
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: At the request of the Maryland Department of Transportation
(MDOT), the Coast Guard is proposing to change the regulations that
govern the operation of the Route 50 drawbridge across Isle of Wight
Bay, mile 0.5, located in Ocean City, Maryland, by requiring restricted
drawbridge openings for all vessels each Saturday between May 25 and
September 15, between the hours of 1 p.m. and 5 p.m. During these
times, the bridge need open only on the hour, and must remain in the
open position until all waiting vessels pass. All other provisions of
the existing regulation for the Route 50 bridge remain the same. This
proposed rule is intended to reduce motor vehicle traffic delays and
congestion related to summer traffic entering and exiting the town of
Ocean City while still providing for the reasonable needs of
navigation.
DATES: Comments must be received on or before June 20, 1997.
ADDRESSES: Comments should be mailed to Commander (Aowb), USCG Atlantic
Area, Federal Building, 4th Floor, 431 Crawford Street, Portsmouth,
Virginia 23704-5004, or may be hand delivered to the same address
between 8 a.m. and 4:30 p.m., Monday through Friday, except Federal
holidays. The telephone number is (757) 398-6222. Comments will become
a part of this docket and will be available for inspection and copying
at the above address.
FOR FURTHER INFORMATION CONTACT:
Ann B. Deaton, Bridge Administrator, USCG Atlantic Area, at (757) 398-
6222.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking (CGD05-97-013) and the specific section of
this proposal to which each comment applies, and give the reason for
each comment. The Coast Guard requests that all comments and
attachments be submitted in an unbound format suitable for copying and
electronic filing. If not practical, a second copy of any bound
material is requested. Persons wanting acknowledgement of receipt of
comments should enclose a stamped self-addressed postcard or envelope.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal based on the comments. The
Coast Guard plans no public hearing. Persons may request a public
hearing by writing to the address under ADDRESSES. The request should
include reasons why a hearing would be beneficial. If it determines
that the opportunity for oral presentation will aid this rulemaking,
the Coast Guard will hold a public hearing at a time and place
announced by a later notice in the Federal Register.
Drafting Information
The principal persons involving in drafting this document are Bill
H. Brazier, Project Manager, Bridge Administration Section, and LT
Robert L. Wegman, Project Counsel, Maintenance and Logistics Command
Atlantic Legal Division.
Background and Purpose
The Route 50 drawbridge, across Isle of Wight Bay, mile 0.5, at
Ocean City, Maryland, is currently required to open on signal, except
that, from October 1 through April 30 from 6 p.m. to 6 a.m., the draw
need open only if at least three hours notice is given and, from May 25
through September 15 from 9:25 a.m. to 9:55 p.m. the draw shall open at
25 minutes and 55 minutes after the hour for a maximum of 5 minutes to
permit accumulated vessels to pass. MDOT's request to change the
current regulation is based on a large number of vacationers traveling
to and from Ocean City on Saturday afternoons during the tourist season
(summer months). Vacationers entering and existing Ocean City Island
every Saturday afternoon of the season create a vehicular traffic
surge, an only two highway bridges (Route 50 and Route 90) are
available for use.
The Route 90 bridge is a fixed-span structure, and the Route 50
bridge is a drawbridge. Over 350 charter boats historically pass
through the Route 50 drawbridge on Saturdays from May 25 through
September 15. This produces a dilemma to both waterway users and
vehicular traffic trying to access the same drawbridge. MDOT proposes
that, by providing only hourly openings on Saturday afternoons as
opposed to the current half-hourly openings, vehicular traffic
congestion on U.S. 50 will be
[[Page 19246]]
reduced and highway safety will be increased. MDOT requested that the
operating schedule for the drawbridge be amended to reduce the number
of openings on Saturday afternoons during the summer. This proposal
would restrict drawbridge openings for all vessels every Saturday
between May 25 through September 15 between the hours of 1 p.m. to 5
p.m. During these times, the bridge need open only on the hour, and
must remain in the open position until all waiting vessels pass.
The Coast Guard tested this proposed change from July 13 through
August 31, 1996 through a temporary deviation from the regulation,
which permitted hourly openings on Saturdays. The test was intended to
determine whether the Coast Guard should propose a permanent change to
the regulation that would balance the needs of both waterway users and
vehicular traffic. No adverse comments were received during the testing
period. Information received from the Maryland Department of
Transportation, the Ocean City Police Department and the bridgetenders
on the US 50 drawbridge indicates that the test substantially improved
highway traffic conditions while not causing undue hardships for
waterway users. Based on the test results, the Coast Guard believes
that this proposed rule will reduce motor vehicle traffic delays and
congestion related to summer traffic entering and exiting the town of
Ocean City, while still providing for the reasonable needs of
navigation.
Regulatory Evaluation
This proposed 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. It has been exempted from review by the Office of Management and
Budget 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 expects the economic
impact of this proposed rule to be so minimal that a full Regulatory
Evaluation under paragraph 10e of the regulatory policies and
procedures of DOT is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
U.S. Coast Guard must consider whether this proposed rule will have a
significant economic impact on a substantial number of small entities.
``Small entities'' include independently owned and operated small
businesses that are not dominant in their field and that otherwise
qualify as ``small business concerns'' under section 3 of the Small
Business Act (15 U.S.C. 632). Because it expects the impact of this
proposed rule to be minimal, the Coast Guard certifies under 5 U.S.C.
605(b) that this proposal, if adopted, will not have a significant
economic impact on a substantial number of small entities.
Collection of Information
This proposal contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this proposal under the principles and
criteria contained in Executive Order 12612, and has determined that
this proposed rule does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposal and concluded that under section 2.B.2.e (32)(e) of Commandant
Instruction M16475.1B (as amended, 59 FR 38654, 29 July 1994), this
proposed rule is categorically excluded from further environmental
documentation. A Categorical Exclusion Determination statement has been
prepared and placed in the rulemaking docket.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
In consideration of the foregoing, the Coast Guard proposes to
amend part 117 of Title 33, Code of Federal Regulations 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. Section 117.559 is revised to read as follows:
Sec. 117.559 Isle of Wight Bay.
The draw of the US50 bridge, mile 0.5, at Ocean City shall open on
signal; except that, from October 1 through April 30 from 6 p.m. to 6
a.m., the draw shall open if at least three hours notice is given and,
from May 25 through September 15 from 9:25 a.m. to 9:55 p.m. the draw
shall open at 25 minutes after and 55 minutes after the hour for a
maximum of five minutes to permit accumulated vessels to pass, except
that, on Saturdays from 1 p.m. to 5 p.m., the draw shall open on the
hour for any waiting vessels and shall remain in the open position
until all waiting vessels pass.
Dated: April 1, 1997.
Kent H. Williams,
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 97-10150 Filed 4-18-97; 8:45 am]
BILLING CODE 4910-14-M
