[Federal Register Volume 62, Number 76 (Monday, April 21, 1997)]
[Proposed Rules]
[Pages 19245-19246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10150]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-97-013]
RIN 2115-AE47


Drawbridge Operation Regulations; Isle of Wight Bay, Ocean City, 
MD

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: At the request of the Maryland Department of Transportation 
(MDOT), the Coast Guard is proposing to change the regulations that 
govern the operation of the Route 50 drawbridge across Isle of Wight 
Bay, mile 0.5, located in Ocean City, Maryland, by requiring restricted 
drawbridge openings for all vessels each Saturday between May 25 and 
September 15, between the hours of 1 p.m. and 5 p.m. During these 
times, the bridge need open only on the hour, and must remain in the 
open position until all waiting vessels pass. All other provisions of 
the existing regulation for the Route 50 bridge remain the same. This 
proposed rule is intended to reduce motor vehicle traffic delays and 
congestion related to summer traffic entering and exiting the town of 
Ocean City while still providing for the reasonable needs of 
navigation.

DATES: Comments must be received on or before June 20, 1997.

ADDRESSES: Comments should be mailed to Commander (Aowb), USCG Atlantic 
Area, Federal Building, 4th Floor, 431 Crawford Street, Portsmouth, 
Virginia 23704-5004, or may be hand delivered to the same address 
between 8 a.m. and 4:30 p.m., Monday through Friday, except Federal 
holidays. The telephone number is (757) 398-6222. Comments will become 
a part of this docket and will be available for inspection and copying 
at the above address.

FOR FURTHER INFORMATION CONTACT:
Ann B. Deaton, Bridge Administrator, USCG Atlantic Area, at (757) 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 (CGD05-97-013) 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 acknowledgement 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 based on the comments. The 
Coast Guard plans no public hearing. Persons may request a public 
hearing by writing to the address under ADDRESSES. The request should 
include reasons why a hearing would be beneficial. If it determines 
that the opportunity for oral presentation 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 involving in drafting this document are Bill 
H. Brazier, Project Manager, Bridge Administration Section, and LT 
Robert L. Wegman, Project Counsel, Maintenance and Logistics Command 
Atlantic Legal Division.

Background and Purpose

    The Route 50 drawbridge, across Isle of Wight Bay, mile 0.5, at 
Ocean City, Maryland, is currently required to open on signal, except 
that, from October 1 through April 30 from 6 p.m. to 6 a.m., the draw 
need open only 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 and 55 minutes after the hour for a maximum of 5 minutes to 
permit accumulated vessels to pass. MDOT's request to change the 
current regulation is based on a large number of vacationers traveling 
to and from Ocean City on Saturday afternoons during the tourist season 
(summer months). Vacationers entering and existing Ocean City Island 
every Saturday afternoon of the season create a vehicular traffic 
surge, an only two highway bridges (Route 50 and Route 90) are 
available for use.
    The Route 90 bridge is a fixed-span structure, and the Route 50 
bridge is a drawbridge. Over 350 charter boats historically pass 
through the Route 50 drawbridge on Saturdays from May 25 through 
September 15. This produces a dilemma to both waterway users and 
vehicular traffic trying to access the same drawbridge. MDOT proposes 
that, by providing only hourly openings on Saturday afternoons as 
opposed to the current half-hourly openings, vehicular traffic 
congestion on U.S. 50 will be

[[Page 19246]]

reduced and highway safety will be increased. MDOT requested that the 
operating schedule for the drawbridge be amended to reduce the number 
of openings on Saturday afternoons during the summer. This proposal 
would restrict drawbridge openings for all vessels every Saturday 
between May 25 through September 15 between the hours of 1 p.m. to 5 
p.m. During these times, the bridge need open only on the hour, and 
must remain in the open position until all waiting vessels pass.
    The Coast Guard tested this proposed change from July 13 through 
August 31, 1996 through a temporary deviation from the regulation, 
which permitted hourly openings on Saturdays. The test was intended to 
determine whether the Coast Guard should propose a permanent change to 
the regulation that would balance the needs of both waterway users and 
vehicular traffic. No adverse comments were received during the testing 
period. Information received from the Maryland Department of 
Transportation, the Ocean City Police Department and the bridgetenders 
on the US 50 drawbridge indicates that the test substantially improved 
highway traffic conditions while not causing undue hardships for 
waterway users. Based on the test results, the Coast Guard believes 
that this proposed rule will reduce motor vehicle traffic delays and 
congestion related to summer traffic entering and exiting the town of 
Ocean City, while still providing for the reasonable needs of 
navigation.

Regulatory Evaluation

    This proposed 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 proposed 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 whether this proposed rule 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 
proposed rule 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 principles and 
criteria contained in Executive Order 12612, and has determined that 
this proposed rule does 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 (as amended, 59 FR 38654, 29 July 1994), this 
proposed 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 proposes to 
amend 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); section 
117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.

    2. Section 117.559 is revised to read as follows:


Sec. 117.559  Isle of Wight Bay.

    The draw of the US50 bridge, mile 0.5, at Ocean City shall open on 
signal; except that, 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 permit accumulated vessels to pass, except 
that, on Saturdays from 1 p.m. to 5 p.m., the draw shall open on the 
hour for any waiting vessels and shall remain in the open position 
until all waiting vessels pass.

    Dated: April 1, 1997.
Kent H. Williams,
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 97-10150 Filed 4-18-97; 8:45 am]
BILLING CODE 4910-14-M