[Federal Register: October 29, 2004 (Volume 69, Number 209)]
[Rules and Regulations]
[Page 63064-63066]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29oc04-16]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD05-04-052]
RIN 1625-AA09
Drawbridge Operation Regulation; Spa Creek, Annapolis, MD
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is changing the regulations that govern the
operation of the S181 Bridge, mile 0.4, across Spa Creek, at Annapolis,
Maryland. These regulations are necessary to facilitate public safety
and expedite vehicular traffic from the City of Annapolis after the
annual firework display. This change to the drawbridge operation
schedule will allow the S181 Bridge to remain in the closed position
from 8:30 p.m. to 11 p.m. on July 4th, of every year. In the event of
inclement weather, the alternate date is July 5th.
DATES: This rule is effective: November 29, 2004.
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 CGD05-04-052 and are available for inspection or
copying at the Commander (obr), Fifth Coast Guard District, Federal
Building, 4th Floor, 431 Crawford Street, Portsmouth, Virginia 23704-
5004, between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Gary S. Heyer, Bridge Management
Specialist, Fifth Coast Guard District, at (757) 398-6227.
SUPPLEMENTARY INFORMATION:
Regulatory History
On May 17, 2004, we published a notice of proposed rulemaking
(NPRM) entitled ``Drawbridge Operation Regulations; Spa Creek,
Annapolis, MD'' in the Federal Register (69 FR 27870). We received no
comments on the proposed rule. No public meeting was requested or held.
Background and Purpose
The City of Annapolis Recreation and Parks Department (the
Department) on behalf of Maryland Department of Transportation, who
owns and operates the S181 Bridge, requested a change to the operating
regulations set out in 33 CFR 117.571.
In accordance with 33 117.37(a) for reason of public safety or for
public functions, the District Commander may authorize the opening and
closing of a drawbridge for a specified period of time.
Due to the high volume of spectators that attend this annual event,
it is necessary to close the draw span to vessels between the hours of
8:30 p.m. to 11 p.m. to help expedite exiting vehicular traffic from
the City of Annapolis after the fireworks display. This will reduce
vehicular traffic congestion and increase public safety.
Under this rule, the S181 Bridge will be allowed to remain in the
closed position to vessels from 8:30 p.m. to 11 p.m. on July 4th, of
every year. In the event of inclement weather, the alternate date is
July 5th.
Since the Annapolis Fireworks Display is a well-known annual event,
and it is publicly advertised, vessel operators can arrange their
transits to minimize any impact caused by the closure. Vessels with a
mast height less than 15 feet at high water can still
[[Page 63065]]
transit the bridge in the closed position during this event.
Discussion of Comments and Changes
The Coast Guard received no comments on the NPRM for the Spa Creek
Bridge and no changes are being made to this final rule.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, 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 Homeland
Security (DHS).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary.
This conclusion was based on the fact that this final rule will
have a very limited impact on maritime traffic transiting this area.
Since Spa Creek will remain open to navigation during this event,
mariners with mast height less than 15 feet may still transit through
the S181 Bridge.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
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 final rule will not have a significant economic impact on a
substantial number of small entities because even though the rule
closes the S181 Bridge to mariners, those with mast height of less than
the 15 feet at high water can still transit through the bridge during
the closed hours. There are no alternate routes.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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. No
assistance was asked for, or given to assist Small Entities.
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
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this final rule
under that Order and have determined that it does not have implications
for federalism.
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 or more in any
one year. Though this final rule will not result in such expenditure,
we do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This final rule meets applicable standards in section 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This final rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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.
Energy Effects
We have analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This final rule does not use technical standards. Therefore, we did
not consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (32)(e) of the Instruction, from further
environmental documentation.
List of Subjects in 33 CFR Part 117
Bridges.
[[Page 63066]]
Regulations
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499, Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. Amend Sec. 117.571 by revising paragraph (c) to read as follows:
Sec. 117.571 Spa Creek.
* * * * *
(c) On Saturdays, Sundays, and holidays year-round, the draw shall
open on the hour and half-hour for vessels waiting to pass. Except on
July 4th of every year from 8:30 p.m. to 11 p.m., the draw need not
open for vessels, and in the event of inclement weather, the alternate
date is July 5th.
Dated: October 18, 2004.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 04-24254 Filed 10-28-04; 8:45 am]
BILLING CODE 4910-15-P