[Federal Register Volume 75, Number 236 (Thursday, December 9, 2010)]
[Proposed Rules]
[Pages 76688-76691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30918]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2010-0612]
RIN 1625-AA09
Drawbridge Operation Regulation; Isle of Wight (Sinepuxent) Bay,
Ocean City, 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 US 50 Bridge over Isle of Wight (Sinepuxent) Bay,
mile 0.5, at Ocean City, MD. This proposed rule will require any
mariner requesting an opening in the evening hours during the off-
season, to do so before the tender office has vacated for the night.
The proposed change will ensure draw tender availability for every
scheduled opening. The Coast Guard also proposes to change the waterway
location from Isle of Wight Bay to Isle of Wight (Sinepuxent) Bay. This
waterway is known locally as both Isle of Wight Bay and Sinepuxent Bay.
DATES: Comments and related material must reach the Coast Guard on or
before February 7, 2011.
ADDRESSES: You may submit comments identified by docket number USCG-
[[Page 76689]]
2010-0612 using any one of the following methods:
(1) Federal eRulemaking Portal: http:[sol][sol]www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Ms. Lindsey Middleton, Fifth District Bridge
Administration Division, Coast Guard; telephone 757-398-6629, e-mail
[email protected]. 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:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change to http:[sol][sol]www.regulations.gov and will include
any personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-0612), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (http:[sol][sol]www.regulations.gov), or by fax, mail or hand
delivery, but please use only one of these means. If you submit a
comment online via http:[sol][sol]www.regulations.gov, it will be
considered received by the Coast Guard when you successfully transmit
the comment. If you fax, hand deliver, or mail your comment, it will be
considered as having been received by the Coast Guard when it is
received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an e-mail address, or a phone
number in the body of your document so that we can contact you if we
have questions regarding your submission.
To submit your comment online, go to
http:[sol][sol]www.regulations.gov, click on the ``submit a comment''
box, which will then become highlighted in blue. In the ``Document
Type'' drop down menu select ``Proposed Rules'' and insert ``USCG-2010-
0612'' in the ``Keyword'' box. Click ``Search'' then click on the
balloon shape in the ``Actions'' column. If you submit your comments by
mail or hand delivery, submit them in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying and electronic filing. If you
submit them by mail and would like to know that they reached the
Facility, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period and may change the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to
http:[sol][sol]www.regulations.gov, click on the ``read comments'' box,
which will then become highlighted in blue. In the ``Keyword'' box
insert ``USCG-2010-0612'' and click ``Search.'' Click the ``Open Docket
Folder'' in the ``Actions'' column. You may also visit the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue,
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. We have an agreement with the
Department of Transportation to use the Docket Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why one would be beneficial. If we determine
that one would aid this rulemaking, we will hold one at a time and
place announced by a later notice in the Federal Register.
Basis and Purpose
The Maryland Department of Transportation (MdTA) has requested a
change to the operating procedure for the double-leaf bascule US 50
Bridge. This change would require that the draw shall open on signal;
except that, from 6 p.m. to 6 a.m., from October 1 to April 30 of every
year, the draw shall open on signal if notice is given to the bridge
before 6 p.m.
The current regulation, set out in 33 CFR 117.559, requires that
the US 50 Bridge over Isle of Wight (Sinepuxent) Bay, mile 0.5, at
Ocean City, with a vertical clearance of 13 feet above mean high tide
in the closed position, shall 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
vessel 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.
According to the records furnished by MdTA, draw tender logs for
the past three years show that there have been little to no requests
for bridge openings from October 1 to April 30, between the hours of 6
p.m. and 6 a.m. By providing notice to the bridge tender before 6 p.m.,
mariners can plan their transits and minimize delay in accordance with
the proposed rule.
Discussion of Proposed Rule
The Coast Guard proposes to revise 33 CFR 117.559 for the US 50
bridge, mile 0.5, at Ocean City. The current paragraph would be divided
into paragraphs (a) and (b).
Paragraph (a) would contain the proposed rule and require the
drawbridge to open on signal from October 1 through April 30, from 6
p.m. to 6 a.m., if notice has been given to the bridge tender before 6
p.m.
Paragraph (b) would contain the existing regulation that states the
following: 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
[[Page 76690]]
open position until all waiting vessels pass.
The change in the operating regulation would ensure a timely bridge
opening for mariners during the off-season, from October 1 through
April 30 from 6 p.m. to 6 a.m.
The Atlantic Ocean is the alternate route for vessels transiting
this section of Isle of Wight (Sinepuxent) Bay. Vessels with a mast
height of less than 13 feet can pass underneath the bridge in the
closed position at anytime.
The Coast Guard also proposes to change the waterway location at
section 117.559 Isle of Wight Bay, by inserting the name Sinepuxent
Bay, since this waterway is known locally as both the Isle of Wight Bay
and the Sinepuxent Bay.
Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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 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. The proposed changes are
expected to have only a minimal impact on maritime traffic transiting
the bridge.
Mariners can plan their trips in accordance with the scheduled
bridge openings to minimize delays.
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 affect the following
entities, some of which might be small entities: the owners or
operators of vessels needing to transit the bridge from 6 p.m. to 6
a.m. from October 1 to April 30. This action will not have a
significant economic impact on a substantial number of small entities
because the rule adds minimal restrictions to the movement of
navigation, by requiring mariners from October 1 to April 30, from 6
p.m. to 6 a.m., to give notice to the bridge tender before 6 p.m.
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 Lindsey Middleton, Bridge
Management Specialist, Fifth Coast Guard District, (757) 398-6629 or
[email protected]. The Coast Guard will not retaliate
against small entities that question or complain about this proposed
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 (adjusted for
inflation) 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 cause 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
[[Page 76691]]
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 Department of Homeland
Security Management Directive 023-01, and 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 made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment because it simply
promulgates the operating regulations or procedures for drawbridges. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.
List of Subjects in 33 CFR Part 117
Bridges.
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; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
2. Revise Sec. 117.559 to read as follows:
Sec. 117.559 Isle of Wight (Sinepuxent) Bay
The draw of the US 50 Bridge, mile 0.5, at Ocean City, shall open
on signal; except:
(a) From October 1 through April 30, from 6 p.m. to 6 a.m., the
draw shall open if notice has been given to the bridge tender before 6
p.m.
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.
Dated: November 24, 2010.
William D. Lee,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard
District.
[FR Doc. 2010-30918 Filed 12-8-10; 8:45 am]
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