[Federal Register: January 29, 2008 (Volume 73, Number 19)]
[Rules and Regulations]
[Page 5093-5095]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29ja08-6]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[USCG-2007-0065 [previously published as CGD05-07-100]]
RIN 1625-AA09
Drawbridge Operation Regulations: Isle of Wight Bay (Sinepuxent
Bay), Ocean City, MD
AGENCY: Coast Guard, DHS.
ACTION: Final temporary rule.
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SUMMARY: The Coast Guard is temporarily changing the regulations that
govern the operation of the U.S. 50 Bridge across the Isle of Wight Bay
(Sinepuxent Bay), at mile 0.5, in Ocean City, MD. This closure is
necessary to facilitate extensive rehabilitation and to maintain the
bridge's operational integrity. Vessels that can pass under the bridge
without a bridge opening may do so at all times.
DATES: This rule is effective from 8 a.m. on Monday, January 7, 2008
until and including 5 p.m. on Thursday, February 21, 2008.
ADDRESSES: Comments and related materials received from the public, as
well as documents indicated in this preamble as being available in the
docket, are part of docket USCG-2007-0065. The docket is available at
http://www.regulations.gov and will include any personal information
you have provided.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call Sandra S. Elliott, Bridge Management Specialist, Fifth Coast Guard
District, at (757) 398-6557. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On October 1, 2007, the new Federal Docket Management System (FDMS)
was established and FDMS numbers were assigned to all actions published
in the Federal Register. New FDMS numbers are posted and requested
comments are reviewed at http://www.regulations.gov. The FDMS number assigned
to this rule is USCG-2007-0065.
On November 8, 2007, we published a notice of proposed rulemaking
(NPRM) entitled ``Drawbridge Operation Regulations: Isle of Wight Bay
(Sinepuxent Bay), Ocean City, Maryland'' in the Federal Register (72 FR
63156). The previously assigned NPRM docket number was CGD05-07-100. We
received no comments on the proposed rule. No public meeting was
requested, and none was held.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective in less than 30 days after
publication in the Federal Register. The bridge repairs, scheduled to
begin on January 7, 2008, are necessary repairs that must be performed
with all due speed to assure the continued safe and reliable operation
of the bridge. Any delay in making this rule effective would not be in
the best interest of public safety and the marine interests that use
Isle of Wight Bay (Sinepuxent Bay). We received no comments on the
published NPRM, which included the effective period, indicating a need
to delay the effective date of this temporary final rule.
Background and Purpose
Maryland Department of Transportation-State Highway Administration
(MDOT) owns and operates the bascule span of the U.S. 50 Bridge, at
mile 0.5, across Isle of Wight Bay (Sinepuxent Bay) in Ocean City, MD.
The bridge has a vertical clearance in the closed position to vessels
of 13 feet, above mean high water (vertical clearance at center of
channel increased by five feet). The current regulations are outlined
at 33 CFR 117.559, which require the bridge to open on signal except:
From October 1 through April 30 from 6 p.m. to 6 a.m., the draw shall
open if at least three hours notice is given and from May 25 through
September 15 from 9:25 a.m. to 9:55 p.m., the draw shall open at 25
minutes after and 55 minutes after the hour for a maximum of five
minutes to let accumulated vessels pass, except that, on Saturdays from
1 p.m. to 5 p.m., the draw shall open on the hour for all waiting
vessels and shall remain in the open position until all waiting vessels
pass.
The Office of Bridge Inspection and Remedial Engineering, a
division under MDOT, requested a change to the existing operating
drawbridge regulations to accommodate the necessary repairs. The
repairs include replacing the existing north and south pinion/bull gear
sets in the west bascule leaf and replacing the existing grid deck in
the bascule span. To facilitate the repairs, the drawbridge will be
locked in the closed-to-navigation position from 8 a.m. on Monday,
January 7, 2008 until
[[Page 5094]]
and including 5 p.m. on Thursday, February 21, 2008.
Information provided by MDOT indicates that during the winter
months, in January and February, the bridge has an opening frequency of
five openings per month. Vessel operators with mast height lower than
13 feet still can transit through the drawbridge across Isle of Wight
Bay (Sinepuxent Bay) during the rehabilitation. The project will also
require a small barge, measuring 8 feet by 27 feet, for the gear
removal/grid deck installation. The barge will only be needed for a
six-day period and removed at the end of each procedure at the end of
each day. However, the barge can be removed during an emergency at any
time. Also, the Atlantic Ocean is an alternate route for vessels with a
mast height greater than 13 feet. Therefore, vessels should not be
negatively impacted by this temporary change.
Discussion of Comments and Changes
The Coast Guard received no comments to the NPRM. Based on the
information provided, we will implement a final temporary rule with no
changes to the NPRM.
Discussion of Rule
The Coast Guard is suspending the operating regulations at 33 CFR
117.559 for the U.S. 50 Bridge at mile 0.5, in Ocean City, Maryland
from 8 a.m. on January 7, 2008, through 5 p.m. on February 21, 2008.
During this suspension period, the Coast Guard will implement temporary
operating regulations for this bridge. The final temporary rule states
that the bridge need not be opened by the bridge operator, Maryland
Department of Transportation-State Highway Administration, during this
period.
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.
Due to the historical average number of bridge openings during this
time period, this temporary change will have only a minimal impact on
maritime traffic seeking to transit the bridge. Vessel operators with
mast height lower than 13 feet still can transit through the drawbridge
across Isle of Wight Bay (Sinepuxent Bay) during the rehabilitation.
Also, the Atlantic Ocean is an alternate route for vessels with a mast
height greater than 13 feet who cannot transit under the bridge during
this period.
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 rule will affect the following entities, some of which might
be small entities: Owners and operators of vessels with over 13 feet of
mast height seeking to transit the bridge between 8 a.m. on January 7,
2008, through 5 p.m. on February 21, 2008. This rule will not have a
significant economic impact on a substantial number of small entities
because vessel operators with mast height lower than 13 feet still can
transit thorough the drawbridge. The Atlantic Ocean is an alternate
route for vessels with a mast height greater than 13 feet.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 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.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). 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 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 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 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 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 does 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
[[Page 5095]]
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.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 because this rule involves drawbridge regulations.
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.
Words of Issuance and Regulatory Text
0
For the reasons discussed in the preamble, the Coast Guard temporarily
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; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
0
2. From 8 a.m. on January 7, 2008 through 5 p.m. on February 21, 2008,
temporarily designate the regulatory text in Sec. 117.559 as paragraph
(a), temporarily suspend newly designated paragraph (a), and
temporarily add paragraph (b) to read as follows:
Sec. 117.559 Isle of Wight Bay.
* * * * *
(b) From 8 a.m. on January 7, 2008 through 5 p.m. on February 21,
2008, the draw of the U.S. 50 Bridge, mile 0.5, at Ocean City, need not
be opened.
Dated: 16 January 2008.
Fred M. Rosa, Jr.,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard
District.
[FR Doc. E8-1567 Filed 1-28-08; 8:45 am]
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