[Federal Register Volume 60, Number 119 (Wednesday, June 21, 1995)]
[Rules and Regulations]
[Pages 32266-32267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15230]
[[Page 32266]]
DEPARTMENT OF TRANSPORTATION
33 CFR Part 117
[CGD05-94-116]
RIN 2115-AE47
Drawbridge Operation Regulations; Wicomico River, Salisbury, MD
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the regulations governing the
operation of the Main Street and the US 50 drawbridges across the North
Prong of the Wicomico River, mile 22.4, in Salisbury, Maryland. This
rule will extend the current rush hour restrictions by one hour in the
morning and one hour in the afternoon, and require a three hour advance
notice for commercial vessels needing a bridge opening during the hours
of closure due to emergency situations. The existing 12 noon to 1 p.m.
closure period will remain in effect. These changes to the drawbridge
regulations are intended to reduce motor vehicle delays and congestion,
while still providing for the reasonable needs of navigation.
EFFECTIVE DATE: This rule is effective on July 21, 1995.
FOR FURTHER INFORMATION CONTACT:
Ann B. Deaton, Bridge Administrator, Fifth Coast Guard District, at
(804) 398-6222.
SUPPLEMENTARY INFORMATION:
Drafting Information
The principal persons involved in drafting this document are Linda
L. Gilliam, Project Manager, Bridge Section, and LCDR Christopher A.
Abel, Project Counsel, Fifth Coast Guard District Legal Office.
Regulatory History
On February 10, 1995, the Coast Guard published a notice of
proposed rulemaking with request for comments entitled Wicomico River,
Salisbury, Maryland, in the Federal Register (60 FR 7930). The comment
period ended May 11, 1995. The Coast Guard received no comments on the
proposed rule. The Commander, Fifth Coast Guard District, also
published the proposed rule as a public notice on March 20, 1995, with
the comment period ending May 11, 1995, and no comments were received
as a result of this notice. A public hearing was not requested and one
was not held.
Background and Purpose
The State Highway Administration, Maryland Department of
Transportation (MDOT), has requested that openings of the Main Street
and US 50 drawbridges across the North Prong of the Wicomico River,
mile 22.4, at Salisbury, Maryland, be further restricted during the
morning and evening rush hours. This will help to reduce highway
traffic congestion problems and relieve public safety and welfare
concerns associated with frequent bridge openings caused by commercial
boat traffic. Currently, these drawbridges open on signal except from 8
a.m. to 9 a.m., 12 noon to 1 p.m., and 4:30 p.m. to 5:30 p.m., during
which time both remain closed to navigation. This rule changes the
hours of bridge closures to 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m. The
existing 12 noon to 1 p.m. closure will remain the same. This rule also
includes the provision that commercial vessels needing passage through
the bridge during the hours of restriction will be required to give a
three hour advance notice for a bridge opening. This advance notice
requirement only applies to tugs and barges unable to reach the bridges
except during the hours of closure due to severe inclement weather or
other emergency or unforeseen circumstances.
MDOT conducted an analysis of highway traffic and marine traffic
data, along with a waterway user and property owner survey that was
conducted in 1993. It revealed that the excessive drawbridge openings
during the morning and evening hours were caused by commercial vessels
from two waterfront companies located upstream of the drawbridges.
Based on this information and the allowance of the three hour advance
notice provision, the Coast Guard believes these regulations should not
unduly restrict commercial vessel passage through the bridge since they
can plan their vessel transits around the hours of restriction as well
as take advantage of the three hour advance notice for bridge openings
during the hours of restriction during inclement weather.
Regulatory Evaluation
This final 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 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 final 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
rule to be minimal, the Coast Guard certifies under 5 U.S.C. 605(b)
that this final rule will not have a significant economic impact on a
substantial number of small entities.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism Assessment
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612, and it has been determined
that this rule will not have sufficient federalism implications to
warrant preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
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
rule is categorically excluded from further environmental
documentation. A Categorical Exclusion Determination statement and
checklist have been prepared and placed in the rulemaking docket.
List of Subjects in 33 CFR Part 117
Bridges.
Final Regulations
In consideration of the foregoing, the Coast Guard is amending 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);
Sec. 117.255 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
2. Section 117.579 is revised to read as follows: [[Page 32267]]
Sec. 117.579 Wicomico River (North Prong).
The draws of the Main Street and US 50 bridges, mile 22.4,
Salisbury, Maryland shall open on signal, except from 7 a.m. to 9 a.m.,
from 12 noon to 1 p.m., and from 4 p.m. to 6 p.m., the draw need not be
opened for the passage of vessels, except for tugs with tows, if at
least three hours of advance notice is given, and the reason for
passage through the bridges during a closure period is due to delay
caused by inclement weather or other emergency or unforeseen
circumstances.
Dated: May 22, 1995.
W.J. Ecker,
Rear Admiral, Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 95-15230 Filed 6-20-95; 8:45 am]
BILLING CODE 4910-14-M
