[Federal Register: April 27, 2005 (Volume 70, Number 80)]
[Proposed Rules]
[Page 21700-21702]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27ap05-37]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD05-05-019]
RIN 1625-AA09
Drawbridge Operation Regulations; Kent Island Narrows, Kent
Island, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the regulations that govern
the operation of the S.R. 18-B Bridge, formerly known as U.S. Route 50/
301 Bridge, over Kent Island Narrows, mile 1.0, in Kent Island, MD. The
proposal would allow the bridge to open on signal on the hour and half-
hour from 6 a.m. to 9 p.m., from May 1 through October 31. The proposed
rule will allow for a more efficient flow of vessel traffic.
DATES: Comments and related material must reach the Coast Guard on or
before June 13, 2005.
ADDRESSES: You may mail comments and related material to Commander
(obr), Fifth Coast Guard District, Federal Building, 1st Floor, 431
Crawford Street, Portsmouth, VA 23704-5004. The Fifth Coast Guard
District maintains the public docket for this rulemaking. Comments and
material received from the public, as well as documents indicated in
this preamble as being available in the docket, will become part of
this docket and will be available for inspection or copying at
Commander (obr), Fifth Coast Guard District between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Anton Allen, Bridge Management
Specialist, Fifth Coast Guard District, at (757) 398-6227.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking CGD05-05-
019, indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like a return
receipt, please enclose a stamped, self-addressed postcard or envelope.
We will consider all submittals received during the comment period. We
may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Commander (obr), Fifth Coast Guard
District at the address under ADDRESSES explaining why one would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one public meeting at a time and place announced by a later notice
in the Federal Register.
Background and Purpose
Maryland Department of Transportation (MD DOT), who owns and
operates this bascule bridge at mile 1.0 across Kent Island Narrows, in
Kent Island, MD, requested a change to the current operating procedures
set out in 33 CFR Part 117.561, which requires the draw to operate from
May 1 through October 31 with the following restrictions: On Monday
(except when Monday is a holiday) through Thursday (except when
Thursday is the day before a Friday holiday), the draw shall open on
signal on the hour from 7 a.m. to 7 p.m., but need not be opened at any
other time; On Friday (except when Friday is a holiday) and on Thursday
when it is the day before a Friday holiday, the draw shall open on
signal on the hour from 6 a.m. to 3 p.m. and at 8 p.m., but need not be
opened at any other time; On Saturday and on a Friday holiday, the draw
shall open on signal at 6 a.m. and 12 noon and on signal on the hour
from 3 p.m. to 8 p.m., but need not open at any other time; On Sunday
and on a Monday holiday, the draw shall open on signal on the hour from
6 a.m. to 1 p.m. and at 3:30 p.m., but need not be opened at any other
time. In addition, the draw shall open at scheduled opening times only
if vessels are waiting to pass. At each opening, the draw shall remain
open for a sufficient period of time to allow passage of all waiting
vessels, and if a vessel is approaching the bridge and cannot reach the
bridge exactly on the hour, the drawtender may delay the hourly opening
up to ten minutes past the hour for the passage of the approaching
vessel and any other vessels that are waiting to pass.
In 1997, MD DOT completed a new high-rise bridge along U.S. Route
50/301, which carries the majority of vehicle traffic, parallel to the
drawbridge; this allowed the S.R. 18-B Bridge to operate with fewer
restrictions to vessels. MD DOT has inadvertently operated the
drawbridge on this proposed schedule since October 31, 1991.
The Coast Guard issued a temporary deviation from May 1, 2004 to
July 29, 2004, to test the proposed regulation and solicit comments.
The Coast Guard did not receive any comments during the temporary
deviation.
This change is being requested to make the operation of the S.R.
18-B Bridge more efficient. In addition, the draw will provide for
greater flow of vessel traffic than the current regulation.
Discussion of Proposed Rule
The Coast Guard proposes to change the regulations that govern the
operation of the S.R. 18-B Bridge, formerly known as U.S. Route 50/301
Bridge, over Kent Island Narrows, mile 1.0, in Kent Island, MD. The
Coast Guard proposes to insert this new specific regulation at 33 CFR
Sec. 117.561. The amended regulation would allow the draw of the
bridge to open on signal on the hour and half-hour from 6 a.m. to 9
p.m., from May 1 through October 31. Operational information will be
provided 24 hours a day by calling 1-800-543-2515.
The Coast Guard proposes to amend 33 CFR 117.561 by revising
paragraphs (b) and (c).
The proposal would also change the name of the bridge from ``:U.S.
Route 50/301'' to ``S.R. 18-B''. The name change would accurately
reflect the name of this bridge. The proposal would also remove
``commercial vessels'' from paragraph (c), as the Coast Guard does not
want to distinguish between commercial and recreational vessels. Text
modifications would be consistent with the proposed changes to be made
in these paragraphs, as appropriate.
Regulatory Evaluation
This proposed 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
[[Page 21701]]
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 proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary. We reached this conclusion based
on the fact that the proposed changes have only a minimal impact on
maritime traffic transiting the bridge.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities.
This proposed rule would not have a significant economic impact on
a substantial number of small entities for the following reason. The
rule allows the S.R. 18-B Bridge to operate with fewer restrictions
than the current regulation.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Waverly W. Gregory, Jr., Bridge
Administrator, Fifth Coast Guard District, (757) 398-6222. The Coast
Guard will not retaliate against small entities that question or
complain about this rule or any policy or action of the Coast Guard.
Collection of Information
This proposed rule would call 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 proposed 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 proposed rule will not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed 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 proposed rule meets applicable standards in sections 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 proposed 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 proposed 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 proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed 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 proposed rule is categorically excluded,
under figure 2-1, paragraph (32)(e) of the Instruction, from further
environmental documentation because it has been determined that the
promulgation of operating regulations
[[Page 21702]]
for drawbridges are categorically excluded.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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; 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.
2. In Sec. 117.561 revise paragraphs (b) and (c) to read as
follows:
Sec. 117.561 Kent Island Narrows.
* * * * *
(b) From May 1 through October 31, the draw shall open on signal on
the hour and half-hour from 6 a.m. to 9 p.m., but need not be opened
from 9 p.m. to 6 a.m.
(c) The draw shall open on signal for public vessels of the United
States, state and local government vessels used for public safety
purposes, and vessels in distress. Operational information will be
available 24 hours a day by calling 1-800-543-2515.
Dated: April 18, 2005.
Ben R. Thomason III,
Captain, United States Coast Guard, Acting Commander, Fifth Coast Guard
District.
[FR Doc. 05-8459 Filed 4-26-05; 8:45 am]
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