[Federal Register Volume 64, Number 93 (Friday, May 14, 1999)]
[Proposed Rules]
[Pages 26350-26351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12274]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD05-99-003]
RIN 2115-AE47
Drawbridge Operation Regulations; Miles River, Easton, MD
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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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 Maryland Route S370 drawbridge across Miles
River, Mile 10.0, at Easton, Maryland. The proposed rule would restrict
drawbridge openings from November 1 through March 31, 24 hours a day,
and from April 1 through October 31, from 6 p.m. to 6 a.m., by
requiring a six-hour advance notice for drawbridge openings. At all
other times the bridge would open on signal. This change is intended to
eliminate the need to have the bridge constantly manned during times of
minimal use while still providing for the reasonable needs of
navigation.
DATES: Comments must reach the Coast Guard on or before July 13, 1999.
ADDRESSES: Comments may be mailed to Commander (Aowb), Fifth Coast
Guard District, 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,
Fifth Coast Guard District, at 757-398-6222.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested parties to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking (CGD05-99-003) and the specific section of
this proposal to which each comment applies, and give the reason for
each comment. Please submit two copies of all comments and attachments
in an unbound format, no larger than 8\1/2\ by 11 inches, 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 stamped, self-addressed postcards or
envelopes.
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, Fifth Coast Guard District,
as 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.
Background and Purpose
The Maryland Route S370 drawbridge across the Miles River, Mile
10.0, at Easton, Maryland, is currently required to open on signal from
sunrise to sunset. A vessel wishing to pass through the draw between
sunset to sunrise shall notify the drawtender of the time at which it
is desired to pass and the draw shall open as close to the time
requested as practicable.
The Maryland Department of Transportation (MDOT) has requested that
the Coast Guard change the
[[Page 26351]]
operating schedule of the S370 Miles River Bridge, from November 1
through March 31, 24 hours a day, and from April 1 through October 31,
from 6 p.m. to 6 a.m., by requiring a six-hour advance notice for
drawbridge openings. At all other times the bridge will open on signal.
This change is requested to eliminate the need for a drawtender to be
present when there are a minimal number or no bridge openings. Review
of MDOT's bridge logs from 1997 to 1998 revealed a total of 4 bridge
openings for the two-year period during the months from November 1
through March 31. The review also clearly revealed a reduced number of
drawbridge openings during the months from April 1 through October 31
between the hours of 6 p.m. and 6 a.m. The Coast Guard conducted a
field study of the local marinas and waterway users. No adverse
comments were received during the field study. This bridge is located
in a rural upriver location with little or not nighttime navigation.
The Coast Guard believes that these proposed changes will not unduly
restrict navigation.
Discussion of Proposed Amendment
The Coast Guard proposes to amend 33 CFR 117.565, which governs the
S370 Miles River Bridge, across Miles River, Mile 10.0, at Easton,
Maryland, to restrict openings of the bridge from November 1 through
March 31, 24 hours a day, and from April 1 through October 31, 6 p.m.
to 6 a.m. During these periods, the bridge need only open if a six-hour
notice is given to MDOT. A sign would be posted at the bridge to
provide MDOT's 24-hour telephone number. At all other times the bridge
will open on signal.
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 not been reviewed 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 reached this conclusion
based on the fact that the proposed changes will not prevent mariners
from transiting the bridge, but merely require mariners to adhere to
the proposed new operation procedures during times of minimal use of
the bridge. 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
Coast Guard considered whether this proposed rule, if adopted, will
have a significant economic impact on a substantial number of small
entities. ``Small entities'' include small businesses, not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with
populations of less than 50,000. Because it expects the impact of this
proposal to be minimal, the Coast Guard certifies under 5 U.S.C. 605(b)
that this proposed rule, if adopted, will not have a significant
economic impact on a substantial number of small entities. If, however,
you think that your business or organization qualifies as a small
entity and that this proposed rule will have a significant economic
impact on your business or organization, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and in what way and to
what degree this proposed rule will economically affect it.
Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard
wants to assist small entities in understanding this proposed rule so
that they can better evaluate its effects on them and participate in
the rulemaking process. If your small business or organization is
affected by this rule and you have questions concerning its provisions
or options for compliance, please contact the Commander, Fifth Coast
Guard District, at the address under ADDRESSES.
Unfunded Mandates
Under section 201 of the Unfunded Mandates Reform Act (UMRA) (2
U.S.C. 1531), the Coast Guard assessed the effects of this proposed
rule on State, local, and tribal governments, in the aggregate, and the
private sector. The Coast Guard determined that this regulatory action
requires no written statement under section 202 of the UMRA (2 U.S.C.
1532) because it will not result in the expenditure of $100,000,000 in
any one year by State, local, or tribal governments, in the aggregate,
or the private sector.
Collection of Information
This proposed rule does not provide for a collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et se.).
Federalism
The Coast Guard has analyzed this proposed rule 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 figure 2-1, paragraph (32)(e) of
Commandant Instruction M16475.1C, this proposed rule is categorically
excluded from further environmental documentation because it is a
drawbridge operating regulation. A ``Categorical Exclusion
Determination'' is available in the docket for inspection or copying
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
Regulation
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
PART 117--[AMENDED]
1. The authority citation 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 117.565 is revised to read as follows:
Sec. 117.565 Miles River.
The draw of the Route S370 bridge, mile 10.0 at Easton, Maryland
shall open on signal; except that from November 1 through March 31, 24
hours a day, and from April 1 through October 31, from 6 p.m. to 6
a.m., a six-hour advance notice to the drawtender is required for
bridge openings.
Dated: May 4, 1999.
Roger T. Rufe, Jr.,
Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc 99-12274 Filed 5-13-99; 8:45 am]
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