[Federal Register Volume 62, Number 139 (Monday, July 21, 1997)]
[Rules and Regulations]
[Pages 38908-38909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19224]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-97-013]
RIN 2115-AE47


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

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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

SUMMARY: At the request of the Maryland Department of Transportation 
(MDOT), the Coast Guard is changing 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 
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. All other provisions 
of the existing regulation for the Route 50 bridge remain the same. 
This final rule will help 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.

EFFECTIVE DATE: This rule is effective on July 18, 1997.

ADDRESSES: Unless otherwise indicated, documents referred to in this 
preamble are available for inspection and copying at the Office of the 
Commander (Aowb), USCG Atlantic Area, Federal Building, 4th Floor, 431 
Crawford Street, Portsmouth, Virginia 23704-5004, between 8 a.m. and 
4:30 p.m., Monday through Friday, except Federal holidays. The 
telephone number is (757) 398-6222.

FOR FURTHER INFORMATION CONTACT:
Ann B. Deaton, Bridge Administrator, USCG Atlantic Area, at (757) 398-
6222.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    On April 21, 1997, the Coast Guard published a notice of proposed 
rulemaking entitled Drawbridge Operation Regulations; Isle of Wright 
Bay, Ocean City, Maryland in the Federal Register (62 FR 19245). The 
comment period ended June 20, 1997. The Coast Guard received no 
comments on the proposed rulemaking. No public hearing was requested, 
and none was held.

Background and Purpose

    The drawbridge across Isle of Wight Bay, mile 0.5 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 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 and 55 minutes after the hour for a maximum of 5 minutes to 
permit accumulated vessels to pass.
    The Maryland Department of Transportation's (MDOT) original request 
to change the existing regulation was based on a large number of 
vacationers traveling to and from Ocean City on Saturday afternoons 
during the tourist season (summer months). Vacationers check in and out 
of hotels on Ocean City Island every Saturday afternoon of the season. 
This creates a traffic surge of vehicles entering and exiting the 
island with only two highway bridges (Route 50 and Route 90) available 
for access. The Route 90 bridge is a fixed-span structure, and the 
Route 50 bridge is a drawbridge. Over 350 charter boats regularly pass 
through the Route 50 drawbridge. This produces a dilemma to both 
waterway users and vehicular traffic trying to access the same 
drawbridge. MDOT requested hourly openings on Saturday afternoons as 
opposed to the current half-hourly openings, in order to help reduce 
vehicular traffic congestion on U.S. 50 and thereby improve highway 
safety. MDOT requested a change in the operating schedule to reduce the 
number of times the bridge must open on signal. The new schedule 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 change through a temporary deviation, which modified the 
opening schedule from July 13 through August 31, 1996. The test was 
intended to determine whether the Coast Guard should change the 
regulation to better balance the needs of both waterway users and 
vehicular traffic. Following the test, no comments were received. The 
Coast Guard contacted MDOT, the local Police Department and the US 50 
bridge tenders. Based on their information the test did not create any 
undue hardships for waterway users, yet the hourly closures 
substantially improved highway conditions.

Discussion of Comments and Changes

    The Coast Guard received no comments on the proposed rulemaking. 
Therefore, the proposed rule is being implemented without change.

Good Cause Statement

    This final rule is effective in less than 30 days because it is 
contrary to the public interest to delay the effective date. Immediate 
action is required to alleviate the overwhelming traffic congestion 
caused by tourists who are prevented from entering and exiting Ocean 
City, Maryland while the Route 50 drawbridge is in the open position.

[[Page 38909]]

Because Ocean City is in the height of the tourist season and because 
no comments were received about the bridge schedule change, good cause 
exists to make the final rule effective upon publication.

Regulatory Evaluation

    This regulation 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 final 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 considered whether this rule would have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' included 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 final rule to be 
minimal on the maritime industry, the Coast Guard certifies under 
section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 
that the 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

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

Environment

    The Coast Guard considered the environmental impact of this final 
rule and concluded that under section 2.B.2.e.(32)(e) of Commandant 
Instruction M16475.1B (as amended by 59 FR 38654, 29 July 1994), this 
final 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 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 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: July 14, 1997.
Roger T. Rufe, Jr.,
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 97-19224 Filed 7-18-97; 8:45 am]
BILLING CODE 4910-14-M