[Federal Register Volume 64, Number 93 (Friday, May 14, 1999)]
[Proposed Rules]
[Pages 26349-26350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12275]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD05-99-006]
RIN 2115-AE47
Drawbridge Operation Regulations; Sassafras River, Georgetown, 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 Maryland Route 213 drawbridge across the
Sassafras River, Mile 10.0, at Georgetown, Maryland. The proposed rule
would restrict drawbridge openings from November 1 through March 31,
from midnight to 8 a.m., by requiring a six-hour advance notice for
drawbridge openings. This change is intended to eliminate the need to
have the bridge constantly manned during times of minimal use while
still providing for the reasonable needs of navigation.
DATES: Comments must reach the Coast Guard on or before July 13, 1999.
ADDRESSES: Comments may be mailed to Commander (Aowb), Fifth Coast
Guard District, 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,
Fifth Coast Guard District, at 757-398-6222.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested parties to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking (CGD05-99-006) and the specific section of
this proposal to which each comment applies, and give the reason for
each comment. Please submit two copies of all comments and attachments
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If not practical, a second copy of any
bound material is requested. Persons wanting acknowledgment of receipt
of comments should enclose stamped, self-addressed postcards or
envelopes.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in view of the comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the Commander, Fifth Coast Guard District,
at the address under ADDRESSES. The request should include reasons why
a hearing would be beneficial. If it determines that the opportunity
for oral presentations 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.
Background and Purpose
The Maryland Route 213 drawbridge across the Sassafras River, Mile
10.0, at Georgetown, Maryland, is currently required to open on signal
year-round. The Maryland Department of Transportation (MDOT) has
requested that the Coast Guard change the operating schedule for the
drawbridge by requiring a six-hour advance notice to open the bridge
from November 1 to March 31, from midnight to 8 a.m. Review of MDOT's
bridge logs from 1993 to 1997 reveals a total of 29 bridge openings for
the five year period during the months from November 1 through March
31, an average of 1.2 openings per month. Considering the low number of
openings that have occurred during the November through March time
period, the Coast Guard believes that these proposed changes will not
unduly restrict navigation.
Discussion of Proposed Amendment
The Coast Guard proposes a new regulation governing the operation
of the Maryland Route 213 drawbridge across the Sassafras River, mile
10.0, at Georgetown, Maryland. The proposed regulation would restrict
openings of the Sassafras River drawbridge from November 1 through
March 31, from midnight to 8 a.m. During this period, the bridge need
only open if a six-hour notice is given to MDOT. A sign would be posted
at the bridge to provide MDOT's 24-hour telephone number.
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 not been reviewed 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 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 proposed new operation procedures during times of minimal use of
the bridge. 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
Coast Guard considered whether this proposed rule, if adopted, will
have a significant economic impact on a substantial number of small
entities. ``Small entities'' include 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. Because it expects the impact of this
proposal to be minimal, the Coast Guard certifies under 5 U.S.C. 605(b)
that this proposed rule, if adopted, will not have a significant
economic impact on a substantial number of small entities. If, however,
you think that your business or organization qualifies as a small
entity and that this proposed rule will have a significant economic
impact on your business or organization, please submit a comment (see
ADDRESSES) explaining why you think it qualified
[[Page 26350]]
and in what way and to what degree this proposed rule will economically
affect it.
Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard
wants to assist small entities in understanding this proposed rule so
that they can better evaluate its effects on them and participate in
the rulemaking process. If your small business or organization is
affected by this rule and you have questions concerning its provisions
or options for compliance, please contact the Commander, Fifth Coast
Guard District, at the address under ADDRESSES.
Unfunded Mandates
Under section 201 of the Unfunded Mandates Reform Act (UMRA) (2
U.S.C. 1531), the Coast Guard assessed the effects of this proposed
rule on State, local, and tribal governments, in the aggregate, and the
private sector. The Coast Guard determined that this regulatory action
requires no written statement under section 202 of the UMRA (2 U.S.C.
1532) because it will not result in the expenditure of $100,000,000 in
any one year by State, local, or tribal governments, in the aggregate,
or the private sector.
Collection of Information
This proposed rule does not provide for a collection of information
under the Paperwork Reduction Act of 1995 (14 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this proposed rule 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 figure 2-1, paragraph (32)(e) of
Commandant Instruction M16475.1C, this proposed rule is categorically
excluded from further environmental documentation because it is a
drawbridge operating regulation. A ``Categorical Exclusion
Determination'' is available in the docket for inspection or copying
where indicated under addresses.
List of Subjects in 33 CFR Part 117
Bridges.
Regulation
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
PART 117--[AMENDED]
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. A new Sec. 117.570 is added to read as follows:
Sec. 117.570 Sassafras River.
The draw of the Sassafras River (Route 213) bridge, mile 10.0, at
Georgetown, Maryland shall open on signal; except that from November 1
through March 31, from midnight to 8 a.m., the draw need only open if
at least a six-hour advance notice is given.
Dated: May 4, 1999.
Roger T. Rufe, Jr.,
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 99-12275 Filed 5-13-99; 8:45 am]
BILLING CODE 4910-15-M
