[Federal Register Volume 60, Number 28 (Friday, February 10, 1995)]
[Proposed Rules]
[Pages 7930-7931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3432]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117
[CGD05-94-116]
RIN 2115-AE47
Drawbridge Operation Regulations; Wicomico River, Salisbury, MD
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: At the request of the State Highway Administration, Maryland
Department of Transportation, the Coast Guard is proposing to change
the regulations that govern the operation of the Main Street and the US
50 drawbridges across the North Prong of the Wicomico River, mile 22.4,
in Salisbury, Maryland. This proposal would extend the current rush
hour restrictions by one hour in the morning and one hour in the
afternoon, and require a three hour advance notice for commercial
vessels needing a bridge opening during the hours of closure due to
emergency situations. The existing 12 noon to 1 p.m. closure period
would remain unaffected by this proposed change.
These changes to the drawbridge regulations are intended to reduce
motor vehicle delays and congestion, while still providing for the
reasonable needs of navigation.
DATES: Comments must be received on or before May 11, 1995.
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 at Room 109, Fifth Coast Guard District.
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 (CGD05-94-116) and the specific section of
this proposal 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 will consider all comments received during the
comment period. It may change this proposal in view of the comments.
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 principal persons involved in drafting this document are Linda
L. Gilliam, Project Manager, Bridge Section, and LCDR C.A. Abel,
Project Counsel, Fifth Coast Guard District Legal Office.
Background and Purpose
The State Highway Administration, Maryland Department of
Transportation (MDOT), has requested that openings of the Main Street
and US 50 drawbridges across the North Prong of the Wicomico River,
mile 22.4, at Salisbury, Maryland, be further restricted during the
morning and evening rush hours. This would help to reduce highway
traffic congestion problems and relieve public safety and welfare
concerns associated with frequent bridge openings caused by commercial
boat traffic. Currently, these drawbridges open on signal except from 8
a.m. to 9 a.m., 12 noon to 1 p.m., and 4:30 p.m. to 5:30 p.m. during
which time both remain closed to navigation. MDOT's request is to
change the hours of bridge closures to 7 a.m. to 9 a.m. in the morning
and to 4 p.m. to 6 p.m. in the afternoon. The existing 12 noon to 1
p.m. closure would remain the same.
A review of the bridge logs provided by MDOT revealed that the
bridge openings during 1992-1993 from 7 a.m. to 8 a.m. in the morning
and from 4-4:30 p.m. to 5:30-6 p.m. in the evening were caused by tugs
and tugs with tows. These openings are frequent enough to cause highway
traffic to back up on each side of the bridge resulting in congestion
and delays.
This request is based on an analysis MDOT conducted on highway
traffic and marine traffic data, along with a waterway user and
property owner survey that was conducted in 1993. Adjacent property
owners had no objection to the extended morning and evening rush hours.
According to DELMARVA Water Transport Committee, Inc., only two
commercial businesses are located upstream of the bridge and one of
these businesses has expressed concern over extending the periods of
closure for these bridges. Based on this concern, DELMARVA has
requested that the Coast Guard include in the proposed rule a three
hour advance notice requirement for commercial vessels needing passage
through the bridge during the hours of restriction. This advance notice
requirement would only apply to tugs and barges unable to reach the
bridges except during the hours of closure due to severe inclement
weather or other emergency or unforeseen circumstances.
DELMARVA also contacted MDOT with this request and MDOT agreed that
this provision should be added to the proposed rule, provided
commercial vessels adhere to the ``emergency only'' requirement when
taking advantage of the three hour advance notice exception. Based on
DELMARVA's request and MDOT's approval of this request, the proposed
rule will include a provision requiring commercial vessels to provide a
three hour advance notice for a bridge opening during the hours of
closure only if their transit is delayed by inclement weather or other
emergency or unforeseen circumstances. Other than this, commercial
vessels will be required to transit through these bridges during the
open-on-demand hours.
The Administrative Director of Wicomico County, Maryland notified
the Coast Guard that the county supports MDOT's request because of the
increase in highway traffic crossing these bridges as a result of
substantial residential growth. The Salisbury Area Chamber of Commerce
also supports these changes to the operating schedule [[Page 7931]] of
the Main Street and US 50 drawbridges.
This proposed change to the existing regulations is intended to
establish a schedule that will meet the reasonable needs of the
waterway users and, at the same time, diminish delays to and improve
the flow of motor vehicles crossing the bridge.
Based on this information, the Coast Guard believes these proposed
regulations will not unduly restrict recreational and commercial
vessels passage through these bridges since they can plan their
transits around the periods of closures.
Regulatory Evaluation
This proposed action 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 proposal 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
Coast Guard must consider whether this proposal, if adopted, will have
a significant economic impact on a substantial number of small
entities. ``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). Because it expects the impact of
this proposal to be minimal, the Coast Guard certifies under 5 U.S.C.
605(b) that this proposal, if adopted, will not have a significant
economic impact on a substantial number of small entities.
Collection of Information
This proposal contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this proposal under the principals and
criteria contained in Executive Order 12612, and it has determined that
this proposal will not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposal and concluded that under section 2.B.2.E.(32)(e) of Commandant
Instruction M16475.1B, this proposal is categorically excluded from
further environmental documentation. A Categorical Exclusion
Determination statement and checklist 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 proposes to
amend Part 117 of Title 33, Code of Federal Regulations to read 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 117.579 is revised to read as follows:
Sec. 117.579 Wicomico River (North Prong).
The draws of the Main Street and US 50 bridges, mile 22.4, at
Salisbury, Maryland shall open on signal, except;
(a) 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
(b) for tugs with tows, if at least three hours advance notice is
given, and the reason for opening during a closure period described in
paragraph (a) of this section is due to delays caused by inclement
weather or other emergency or unforeseen circumstances.
Dated: January 20, 1995.
M.K. Cain,
Captain, U.S. Coast Guard, Commander, Fifth Coast Guard District,
Acting.
[FR Doc. 95-3432 Filed 2-9-95; 8:45 am]
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