[Federal Register Volume 64, Number 217 (Wednesday, November 10, 1999)]
[Rules and Regulations]
[Pages 61207-61209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29363]


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

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: Final rule.

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

SUMMARY: The Coast Guard is changing the regulations that govern the 
operation of the Maryland Route S370 drawbridge across the Miles River, 
Mile 10.0, at Easton, Maryland. This change will 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

[[Page 61208]]

drawbridge openings. At all other times the bridge will open on demand. 
This new rule will eliminate the need to have the bridge constantly 
manned during times of minimal use while still providing for the 
reasonable needs of navigation.

DATES: This rule is effective December 10, 1999.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD05-99-003 and are available for inspection or 
copying at the office of the Commander (AOWB), Fifth Coast Guard 
District, 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.

FOR FURTHER INFORMATION CONTACT: Ann B. Deaton, Bridge Administrator, 
Fifth Coast Guard District, at 757-398-6222.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On May 14, 1999, we published a Notice of Proposed Rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulations; Miles River, 
Easton, MD'' in the Federal Register (64 FR 26350). We received no 
letters commenting on the Proposed Rule. No public hearing was 
requested, and none was held.

Background and Purpose

    33 CFR 117.565 currently requires the draw of the S370 Miles River 
Bridge, mile 10.0 at Easton, to open on signal from sunrise to sunset. 
A vessel wishing to pass through the draw from sunset to sunrise must 
notify the drawtender of the time at which it is desired to pass and 
the draw must open as close to the time requested as practicable.
    The Maryland Department of Transportation, State Highway 
Administration, requested that we change the opening schedule of this 
bridge by requiring a six-hour advance notice for 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. At all other times the bridge 
will open on demand. This change was requested to better establish the 
times the bridge will open on demand and to eliminate the need for a 
drawtender during times when there are a minimal number or no bridge 
openings. The Maryland Department of Transportation provided draw logs 
that showed the drawbridge had opened 4 times in two years from 
November 1 through March 31. The logs also clearly showed a reduced 
number of drawbridge openings 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 in the area of the drawbridge. 
No adverse comments were received during the field study. This bridge 
is located in a rural upriver location with little or no nighttime 
navigation.

Discussion of Comments and Changes

    The Coast Guard received no comments on the NPRM. Since no comments 
were received and we believe the change is warranted based on our 
findings, the final rule is being implemented without change.

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. The 
Office of Management and Budget has not reviewed it 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 new operation 
procedures for notice before transits of the bridge.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``Small entities'' 
comprises 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. 
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. This conclusion is based on the fact that this rule will only 
affect drawbridge openings during periods of little or no usage by 
vessel operators, and it clarifies the hours when the bridge must open 
on signal for both the bridge owner and vessel operators.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. This was 
accomplished through solicitation of comments from local waterway users 
and marinas during a Coast Guard conducted field study, and through 
publication of the NPRM in the Federal Register in which comments were 
solicited.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandate Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under E.O. 12630, Governmental Actions and 
Interference with Constitutionally Protected Property Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under E.O. 13045, Protection of Children 
from Environmental Health Risks and Safety Risks. This rule is not an 
economically significant rule and does not concern an environmental 
risk to health or risk to safety that may disproportionately affect 
children.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under figure 2-1, paragraph (32)(e) of Commandant 
Instruction M16475.1C, this rule is categorically excluded from further

[[Page 61209]]

environmental documentation. This rule only deals with the operating 
schedule of an existing drawbridge and will have no impact on the 
environment. A ``Categorical Exclusion Determination'' is available in 
the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 117 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. Revise Sec. 117.565 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: October 27, 1999.
Thomas E. Bernard,
Acting Captain, U. S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 99-29363 Filed 11-9-99; 8:45 am]
BILLING CODE 4910-15-P