[Federal Register Volume 64, Number 217 (Wednesday, November 10, 1999)]
[Rules and Regulations]
[Pages 61206-61207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29364]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-99-006]
RIN 2115-AE47


Drawbridge Operation Regulations; Sassafras River, Georgetown, MD

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the regulations that govern the 
operation of the Maryland Route 213 drawbridge across the Sassafras 
River, Mile 10.0, at Georgetown, Maryland. This change will restrict 
drawbridge openings from November 1 through March 31, from midnight to 
8 a.m., by requiring a six-hour advance notice for drawbridge openings. 
This change 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 CGD05-99-006 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, the Coast Guard published a Notice of Proposed 
Rulemaking (NPRM) entitled ``Drawbridge Operation Regulations: 
Sassafras River, Georgetown, MD'' in the Federal Register (64 FR 
26349). We received no letters commenting on the proposed rule. No 
public hearing was requested, and none was held.

Background and Purpose

    The Maryland Route 213 Sassafras River drawbridge across the 
Sassafras River, Mile 10.0, at Georgetown, Maryland, is currently 
required to open on signal year-round. The Maryland Department of 
Transportation (MDOT) has requested that the Coast Guard change the 
operating schedule for the drawbridge by requiring a six-hour

[[Page 61207]]

advance notice to open the bridge from November 1 to March 31, from 
midnight to 8 a.m. Review of MDOT's bridge logs from 1993 to 1997 
reveals a total of 29 bridge openings for the five year period during 
the months from November 1 through March 31, an average of 1.2 openings 
per month. Due to the low number of openings that have occurred during 
the November through March time period, we believe this change will not 
unduly restrict 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 during 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 
effect drawbridge openings during periods of little or no usage by 
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 the 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 12612, and have 
determined that this rule does not have sufficient implications for 
federalism to warrant the preparation of a Federalism Assessment.

Unfunded Mandate Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) and 
E.O. 12875, Enhancing the Intergovernmental Partnership, (58 FR 58093, 
October 28, 1993) govern 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's 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 
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.

Regulation

    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. Add Sec. 117.570 to read as follows:


Sec. 117.570  Sassafras River.

    The draw of the Sassafras River (Route 213) bridge, mile 10.0 at 
Georgetown, Maryland, shall open on signal; except that from November 1 
through March 31, from midnight to 8 a.m., the draw need only open if 
at least a six-hour advance notice is given.

    Dated: October 27. 1999.
Thomas E. Bernard,
Captain, U. S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 99-29364 Filed 11-9-99; 8:45 am]
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