[Federal Register: August 2, 2007 (Volume 72, Number 148)]
[Rules and Regulations]
[Page 42306-42307]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02au07-9]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD05-07-025]
RIN 1625-AA09
Drawbridge Operation Regulations; Wicomico River (North Prong),
Salisbury, MD
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the drawbridge operation
regulations of two Maryland Department of Transportation (MDOT)
bridges: The Main Street and U.S. 50 Bridges, at mile 22.4, across
Wicomico River (North Prong) in Salisbury, MD. This final rule will
allow the bridges to open on signal if four hours advance notice is
given and eliminate the continual attendance of draw tender services
while still providing the reasonable needs of navigation.
DATES: This rule is effective September 4, 2007.
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 CGD05-07-025 and are available for inspection or
copying at Commander (dpb), Fifth Coast Guard District, Federal
Building, 1st Floor, 431 Crawford Street, Portsmouth, VA 23704-5004
between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays. The Fifth Coast Guard District maintains the public docket
for this rulemaking.
FOR FURTHER INFORMATION CONTACT: Waverly W. Gregory, Jr., Bridge
Administrator, Fifth Coast Guard District, at (757) 398-6222.
SUPPLEMENTARY INFORMATION:
Regulatory History
On April 5, 2007, we published a notice of proposed rulemaking
(NPRM) entitled ``Drawbridge Operation Regulations; Wicomico River
(North Prong), Salisbury, MD'' in the Federal Register (72 FR 16752).
We received no comments on the proposed rule. No public meeting was
requested, and none was held.
Background and Purpose
The State Highway Administration (SHA), a division under MDOT, is
responsible for the operation of both the Main Street and U.S. 50
Bridges, at mile 22.4, across Wicomico River in Salisbury. SHA
requested advance notification for vessel openings and a reduction in
draw tender services due to the infrequency of requests for vessel
openings of the drawbridges.
The Main Street and U.S. 50 Bridges have vertical clearances of
four feet, above mean high water, in the closed-to-navigation position.
The existing operating regulations for these drawbridges are set out in
33 CFR Sec. 117.579, which requires the draws to 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.
Bridge opening data supplied by SHA revealed a significant decrease
in yearly openings. In the past three years from 2004 to 2006, the
bridges opened for vessels 522, 282 and 157 times, respectively. Due to
the infrequency of requests for vessel openings of the drawbridges, SHA
requested to change the current operating regulations by requiring the
draw spans to open on signal if at least four hours notice is given
year-round by calling the contact telephone number at (410) 430-7561.
Discussion of Comments and Changes
The Coast Guard did not receive any comments on the NPRM.
Therefore, no changes were made to the final rule.
Discussion of Rule
The Coast Guard is amending 33 CFR 117.579, which governs the Main
Street and U.S. 50 Bridges, by revising the paragraph to read that the
draws shall open on signal if at least four hours notice is given by
calling the telephone contact number at (410) 430-7461. Under this
revision, there will no longer be closure periods. All vessels will be
required to provide at least four hours notice.
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).
This conclusion is based on the fact that these changes have only a
minimal impact on maritime traffic transiting the bridges. Mariners
will no longer have to wait for closure periods to end, which will
allow them to plan their trips without requiring a stop, so long as the
four hour notice is provided.
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
would not have a significant economic impact on a substantial number of
small entities.
This conclusion is based on the fact the rule would not have a
significant economic impact on a substantial number of small entities
because the rule relieves restrictions to the movement of navigation,
as mariners will no longer have to wait for closure periods to end,
which will allow them to plan their trips without requiring a stop, so
long as the four hour notice is provided.
[[Page 42307]]
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 rule so that they can better evaluate
its effects on them and participate in the rulemaking process. No
assistance was requested from any small entity.
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 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 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 rule will not effect 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 rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminates 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 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 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 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 M16475.1D
and Department of Homeland Security Management Directive 5100.1, which
guide 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 because it has been determined that the promulgation of
operating regulations for drawbridges are categorically excluded.
List of Subjects in 33 CFR Part 117
Bridges.
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. Revise Sec. 117.579 to read as follows:
Sec. 117.579 Wicomico River (North Prong).
The draws of the Main Street and U.S. 50 bridges, mile 22.4,
Salisbury, Maryland shall open on signal if at least four hours notice
is given by calling the telephone contact number at (410) 430-7461.
Dated: July 24, 2007.
Fred M. Rosa, Jr.,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard
District.
[FR Doc. E7-14936 Filed 8-1-07; 8:45 am]
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