[Federal Register Volume 69, Number 95 (Monday, May 17, 2004)]
[Proposed Rules]
[Pages 27870-27872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11151]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD05-04-052]
RIN 1625-AA09


Drawbridge Operation Regulation; Spa Creek, Annapolis, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Commander, Fifth Coast Guard District, is proposing to 
change the regulations that govern the operation of the S181 Bridge, 
mile 4.0, across Spa Creek, at Annapolis, Maryland. These regulations 
are necessary to facilitate public safety and expedite vehicular 
traffic from the city of Annapolis after the annual fireworks display. 
This proposed change to the drawbridge operation schedule will allow 
the S181 Bridge to remain in the closed position from 8:30 p.m. to 11 
p.m. on July 4, of every year. In the event of inclement weather, the 
alternate date is July 5.

DATES: Comments and related material must reach the Coast Guard on or 
before July 16, 2004.

ADDRESSES: You may mail comments and related material to the Commander 
(oan-b), Fifth Coast Guard District, Federal Building, 4th Floor, 431 
Crawford Street, Portsmouth, Virginia 23703-5004. Comments and material 
received from the public, as well as documents indicated in this 
preamble as being available in the docket, will become part of this 
docket and will be available for inspection or copying at the above 
address between 8 a.m. and 4 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Gary S. Heyer, Bridge Management 
Specialist, Fifth Coast Guard District, at (757) 398-6227.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD05-04-
052), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose

[[Page 27871]]

a stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period. We may change 
this proposed rule in view of them.

Public Meeting

    We do not plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the Commander, Fifth Coast Guard 
District at the address under ADDRESSES explaining why one would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Background and Purpose

    The City of Annapolis Recreation and Parks Department (the 
Department) on behalf of Maryland Department of Transportation, who 
owns and operates the S181 Bridge, requested a change to the operating 
regulations set out in 33 CFR 117.571.
    In accordance with 33 CFR 117.37(a) for reasons of public safety or 
for public functions, the District Commander may authorize the opening 
and closing of a drawbridge for a specified period of time.
    Due to the high volume of spectators that attend this annual event, 
it is necessary to close the draw span to vessels between the hours of 
8:30 p.m. to 11 p.m. to help expedite exiting vehicular traffic from 
the City of Annapolis after the fireworks display. This will reduce 
vehicular traffic congestion and increase public safety because the 
S181 Bridge is the largest bridge exiting the area.
    The proposed change would allow the S181 Bridge to remain in the 
closed position from 8:30 p.m. to 11 p.m. on July 4, of every year. In 
the event of inclement weather, the alternate date is July 5.
    Since the Annapolis Fireworks Display is a well-known annual event, 
and it is publicly advertised, vessel operators can arrange their 
transits to minimize any impact caused by the closure. Vessels with a 
mast height less than 15 feet may still transit under the Spa Creek 
Bridge during this event.

Discussion of Proposed Rule

    We propose to amend the current operating regulation set out in 33 
CFR 117.571. Currently, the regulations require that on Federal 
holidays the draw shall open on the hour and half hour for vessels 
waiting to pass.
    A new paragraph will be added to Sec.  117.571, which allows the 
Spa Creek Bridge to remain in the closed position from 8:30 p.m. to 11 
p.m. on July 4, of every year. In the event of inclement weather, the 
alternate date is July 5.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
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 
Homeland Security (DHS).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary.
    This conclusion was based on the fact that the proposed change will 
have a very limited impact on maritime traffic transiting this area. 
Since Spa Creek will remain open to navigation during this event, 
mariners with mast height less than 15 feet may still transit through 
the S181 Bridge.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    The proposed rule would not have a significant economic impact on a 
substantial number of small entities because even though the rule 
closes the S181 Bridge to mariners, those with mast heights less than 
15 feet will still be able to transit through the bridge during the 
closed hours and mariners whose mast heights are greater than 15 feet 
will be able to use the Atlantic Ocean as an alternate route or transit 
after the closed hours.

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.

Collection of Information

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

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this proposed rule will not result in such 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would not affect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in section 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal

[[Page 27872]]

Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.1D, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this proposed rule is categorically excluded, 
under figure 2-1, paragraph (32)(e) of the Instruction, from further 
environmental documentation. Allowing the draw to remain closed for 
vessels at the times indicated on July 4, of every year would have no 
individually or cumulatively significant impact on the environment.

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, Department of Homeland Security 
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.

    2. Amend Sec.  117.571 by redesignating paragraph (c) as paragraph 
(c)(1) and adding a new paragraph (c)(2) to read as follows:


Sec.  117.571  Spa Creek.

* * * * *
    (c) * * *
    (2) From 8:30 p.m. to 11 p.m. on July 4 of every year, the draw 
need not open for vessels. In the event of inclement weather, the 
alternate date is July 5.
* * * * *

    Dated: May 5, 2004.
Ben R. Thomason, III,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 04-11151 Filed 5-14-04; 8:45 am]
BILLING CODE 4910-15-P