[Federal Register Volume 60, Number 49 (Tuesday, March 14, 1995)]
[Rules and Regulations]
[Page 13629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6153]
[[Page 13629]]
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD05-94-008]
RIN 2115-AE47
Drawbridge Operation Regulations; Spa Creek, MD
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is adopting as final the interim rule
published in the Federal Register on August 29, 1994, 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 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.
EFFECTIVE DATE: This rule is effective on April 13, 1995.
FOR FURTHER INFORMATION CONTACT:
Ann B. Deaton, Bridge Administrator, Fifth Coast Guard District, at
(804) 398-6222.
SUPPLEMENTARY INFORMATION: Drafting Information: The drafters of this
notice are Linda L. Gilliam, Project Officer, and LCDR Christopher A.
Abel, Project Attorney, Fifth Coast Guard District.
Regulatory History
On August 29, 1994, the Coast Guard published an interim final rule
with request for comments entitled Spa Creek, Maryland, in the Federal
Register (59 FR 44315). The comment period ended October 28, 1994. The
Coast Guard received no comments on the interim final rule.
Background and Purpose
The Maryland Department of Transportation requested further
regulation of the drawbridge across Spa Creek, mile 0.4, at Annapolis,
Maryland, during 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 previous regulation published in the Federal Register (55 FR
4604) on February 9, 1990, stated 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.
Public Notice 5-709 issued March 7, 1990, incorrectly stated that from
May 1 to October 31 from 7:30 p.m. to 7:30 a.m. the draw would open for
vessel traffic on the hour and half-hour. The State Highway
Administration, Maryland Department of Transportation, has been
operating the draw according to the schedule published in 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. published in the public
notice, as opposed to the ``open on signal'' schedule published 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.
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.
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.e.(32)(e) of Commandant
Instruction M16475.1B, this rule 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
Accordingly, the interim rule amending 33 CFR part 117 which was
published at 59 FR 44315 on August 29, 1994, is adopted as a final rule
without change.
Dated: January 20, 1995.
M.K. Cain,
Captain, U.S. Coast Guard, Commander, Fifth Coast Guard District,
Acting.
[FR Doc. 95-6153 Filed 3-13-95; 8:45 am]
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