[Federal Register Volume 59, Number 166 (Monday, August 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21145]


[[Page Unknown]]

[Federal Register: August 29, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-94-08]

 

Drawbridge Operation Regulations; Spa Creek, MD

AGENCY: Coast Guard, DOT.

ACTION: Interim final rule with request for comments.

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SUMMARY: The Coast Guard is changing the regulations governing the SR 
181 bridge over Spa Creek, mile 0.4, in Annapolis, Maryland, by 
restricting the number of bridge openings during the boating season 
between the hours of 7:30 p.m. to 7:30 a.m. This rule is intended to 
provide for regularly scheduled drawbridge openings to help reduce 
motor vehicle traffic delays and congestion on the roads and highways 
linked by this drawbridge.

DATES: This rule is effective August 29, 1994. Comments must be 
received on or before October 28, 1994.

ADDRESSES: Comments may be mailed to Commander (ob), Fifth Coast Guard 
District, 431 Crawford Street, Portsmouth, Virginia 23704-5004, or may 
be delivered to room 109 at the same address between 8 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays. The telephone number is 
(804) 398-6222. Comments will become part of this docket and will be 
available for inspection or copying at room 109, Fifth Coast Guard 
District, 431 Crawford Street, Portsmouth, Virginia 23704-5004.

FOR FURTHER INFORMATION CONTACT:
Ann B. Deaton, Bridge Administrator, Fifth Coast Guard District, at 
(804) 398-6222.

SUPPLEMENTARY INFORMATION: 

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views or arguments. Persons 
submitting comments should include their names and addresses, identify 
this rulemaking (CGD5-94-008) and the specific section of this rule to 
which each comment applies, and give the reason for each comment. The 
Coast Guard requests that all comments and attachments be submitted in 
an unbound format suitable for copying and electronic filing. If not 
practical, a second copy of any bound material is requested. Persons 
wanting acknowledgment of receipt of comments should enclose a stamped, 
self-addressed postcard or envelope.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Commander (ob) at the address under 
ADDRESSES. The request should include reasons why a hearing would be 
beneficial. If it determines that the opportunity for oral 
presentations will aid this rulemaking, the Coast Guard will hold a 
public hearing at a time and place announced by a later notice in the 
Federal Register.

Drafting Information

    The drafters of this notice are Linda L. Gilliam, Project Officer, 
and LT Monica L. Lombardi, Project Attorney, Fifth Coast Guard 
District.

Regulatory History

    The current regulations for the SR 81 drawbridge were published in 
the Federal Register (54 FR 34530) as a proposed rule on August 21, 
1989, and the proposal was announced in a Public Notice dated September 
11, 1989. Comments were solicited through October 5, 1989, and three 
comments were received. The final rule was published in the Federal 
Register (55 FR 4603) on February 9, 1990, and the rule was also 
announced in a Public Notice dated March 7, 1990.

Background and Purpose

    The Maryland Department of Transportation has requested further 
regulation of the drawbridge across Spa Creek, mile 0.4, at Annapolis, 
Maryland. The request specified is for the evening hours during the 
boating season. The Coast Guard is restricting the number of openings 
for the passage of vessels from May 1 to October 31 from 7:30 p.m. to 
7:30 a.m., Monday through Friday, except Federal holidays.
    The current regulation, Sec. 117.571(a)(3), states that the draw 
shall open on signal for the passage of vessel traffic from May 1 to 
October 31 from 7:30 p.m. to 7:30 a.m., Monday through Friday, except 
Federal holidays. However, Public Notice 5-709 issued March 7, 1990, 
incorrectly published Sec. 117.571(a)(3) to reflect that from May 1 to 
October 31 from 7:30 p.m. to 7:30 a.m. the draw will open for vessel 
traffic on the hour and half-hour. The Maryland Department of 
Transportation, State Highway Division, was provided with a copy of 
this notice and has been operating the draw according to this public 
notice since early 1990. They wish to continue operating the bridge on 
the hour and half-hourly schedule from 7:30 p.m. to 7:30 a.m. that was 
published in the public notice, as opposed to the ``open on signal'' 
schedule contained in the Federal regulation. The Coast Guard has not 
received any complaints from the boating community, and the operating 
schedule has been posted on the bridge. Good cause exists for 
publishing this rule without notice and opportunity for comment, and 
making it effective less than 30 days after publication because the 
Maryland Department of Transportation has been operating the bridge 
according to this schedule since 1990, and this schedule has been 
acceptable for both boating and vehicle traffic. This rule should be 
effective immediately to bring this rule into conformity with prior 
practice as soon as possible.

Regulatory Evaluation

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. It 
has been exempted from review by the Office of Management and Budget 
under that order. It is not significant under the regulatory policies 
and procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
rule to be so minimal that a full Regulatory Evaluation under paragraph 
10e of the regulatory policies and procedures of DOT is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
U.S. Coast Guard must consider the economic impact on small entities of 
a rule for which a general notice of proposed rulemaking is required. 
``Small entities'' include independently owned and operated small 
businesses that are not dominant in their field and that otherwise 
qualify as ``small business concerns'' under section 3 of the Small 
Business Act (15 U.S.C. 632). This rule does not require a general 
notice of proposed rulemaking and, therefore, is exempt from the 
regulatory flexibility requirements. Although exempt, the Coast Guard 
has reviewed this rule for potential impact on small entities.
    Because it expects the impact of this rule to be minimal, 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. 
If, however, you think that your business qualifies as a small entity 
and that this rule will have a significant economic impact on your 
business, please submit a comment (See ADDRESSES) explaining why you 
think your business qualifies and in what way and to what degree this 
rule will economically affect your business.

Collection of Information

    This rule contains no collection of information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism Assessment

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that this rule will not have sufficient federalism implications to 
warrant preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under section 2.B.2.g.(5) of Commandant Instruction 
M16475.1B, this rule is categorically excluded from further 
environmental documentation. A Categorical Exclusion Determination 
statement has been prepared and placed in the rulemaking docket.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    In consideration of the foregoing, the Coast Guard is amending Part 
117 of Title 33, Code of Federal Regulations, 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; 49 CFR 1.46; 33 CFR 1.05-1(g).

    2. Section 117.571(a)(3) is revised to read as follows:


Sec. 117.571  Spa Creek.

* * * * *
    (a) * * *
    (3) The draw shall open on the hour and half hour, from 7:30 p.m. 
to 7:30 a.m.
* * * * *
    Dated: July 22, 1994.
W.J. Ecker,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 94-21145 Filed 8-26-94; 8:45 am]
BILLING CODE 4910-14-M