[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]
BILLING CODE 4910-15-M