[Federal Register Volume 70, Number 80 (Wednesday, April 27, 2005)]
[Proposed Rules]
[Pages 21700-21702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8459]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD05-05-019]
RIN 1625-AA09


Drawbridge Operation Regulations; Kent Island Narrows, Kent 
Island, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the regulations that govern 
the operation of the S.R. 18-B Bridge, formerly known as U.S. Route 50/
301 Bridge, over Kent Island Narrows, mile 1.0, in Kent Island, MD. The 
proposal would allow the bridge to open on signal on the hour and half-
hour from 6 a.m. to 9 p.m., from May 1 through October 31. The proposed 
rule will allow for a more efficient flow of vessel traffic.

DATES: Comments and related material must reach the Coast Guard on or 
before June 13, 2005.

ADDRESSES: You may mail comments and related material to Commander 
(obr), Fifth Coast Guard District, Federal Building, 1st Floor, 431 
Crawford Street, Portsmouth, VA 23704-5004. The Fifth Coast Guard 
District maintains the public docket for this rulemaking. 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 
Commander (obr), Fifth Coast Guard District between 8 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Anton Allen, 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 CGD05-05-
019, 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 a return 
receipt, please enclose a stamped, self-addressed postcard or envelope. 
We will consider all submittals received during the comment period. We 
may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Commander (obr), 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 public meeting at a time and place announced by a later notice 
in the Federal Register.

Background and Purpose

    Maryland Department of Transportation (MD DOT), who owns and 
operates this bascule bridge at mile 1.0 across Kent Island Narrows, in 
Kent Island, MD, requested a change to the current operating procedures 
set out in 33 CFR Part 117.561, which requires the draw to operate from 
May 1 through October 31 with the following restrictions: On Monday 
(except when Monday is a holiday) through Thursday (except when 
Thursday is the day before a Friday holiday), the draw shall open on 
signal on the hour from 7 a.m. to 7 p.m., but need not be opened at any 
other time; On Friday (except when Friday is a holiday) and on Thursday 
when it is the day before a Friday holiday, the draw shall open on 
signal on the hour from 6 a.m. to 3 p.m. and at 8 p.m., but need not be 
opened at any other time; On Saturday and on a Friday holiday, the draw 
shall open on signal at 6 a.m. and 12 noon and on signal on the hour 
from 3 p.m. to 8 p.m., but need not open at any other time; On Sunday 
and on a Monday holiday, the draw shall open on signal on the hour from 
6 a.m. to 1 p.m. and at 3:30 p.m., but need not be opened at any other 
time. In addition, the draw shall open at scheduled opening times only 
if vessels are waiting to pass. At each opening, the draw shall remain 
open for a sufficient period of time to allow passage of all waiting 
vessels, and if a vessel is approaching the bridge and cannot reach the 
bridge exactly on the hour, the drawtender may delay the hourly opening 
up to ten minutes past the hour for the passage of the approaching 
vessel and any other vessels that are waiting to pass.
    In 1997, MD DOT completed a new high-rise bridge along U.S. Route 
50/301, which carries the majority of vehicle traffic, parallel to the 
drawbridge; this allowed the S.R. 18-B Bridge to operate with fewer 
restrictions to vessels. MD DOT has inadvertently operated the 
drawbridge on this proposed schedule since October 31, 1991.
    The Coast Guard issued a temporary deviation from May 1, 2004 to 
July 29, 2004, to test the proposed regulation and solicit comments. 
The Coast Guard did not receive any comments during the temporary 
deviation.
    This change is being requested to make the operation of the S.R. 
18-B Bridge more efficient. In addition, the draw will provide for 
greater flow of vessel traffic than the current regulation.

Discussion of Proposed Rule

    The Coast Guard proposes to change the regulations that govern the 
operation of the S.R. 18-B Bridge, formerly known as U.S. Route 50/301 
Bridge, over Kent Island Narrows, mile 1.0, in Kent Island, MD. The 
Coast Guard proposes to insert this new specific regulation at 33 CFR 
Sec.  117.561. The amended regulation would allow the draw of the 
bridge to open on signal on the hour and half-hour from 6 a.m. to 9 
p.m., from May 1 through October 31. Operational information will be 
provided 24 hours a day by calling 1-800-543-2515.
    The Coast Guard proposes to amend 33 CFR 117.561 by revising 
paragraphs (b) and (c).
    The proposal would also change the name of the bridge from ``:U.S. 
Route 50/301'' to ``S.R. 18-B''. The name change would accurately 
reflect the name of this bridge. The proposal would also remove 
``commercial vessels'' from paragraph (c), as the Coast Guard does not 
want to distinguish between commercial and recreational vessels. Text 
modifications would be consistent with the proposed changes to be made 
in these paragraphs, as appropriate.

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

[[Page 21701]]

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. We reached this conclusion based 
on the fact that the proposed changes have only a minimal impact on 
maritime traffic transiting the bridge.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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.
    This proposed rule would not have a significant economic impact on 
a substantial number of small entities for the following reason. The 
rule allows the S.R. 18-B Bridge to operate with fewer restrictions 
than the current regulation.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Waverly W. Gregory, Jr., Bridge 
Administrator, Fifth Coast Guard District, (757) 398-6222. The Coast 
Guard will not retaliate against small entities that question or 
complain about this rule or any policy or action of the Coast Guard.

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 an 
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 sections 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 
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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD, 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 because it has been determined that the 
promulgation of operating regulations

[[Page 21702]]

for drawbridges are categorically excluded.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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. In Sec.  117.561 revise paragraphs (b) and (c) to read as 
follows:


Sec.  117.561  Kent Island Narrows.

* * * * *
    (b) From May 1 through October 31, the draw shall open on signal on 
the hour and half-hour from 6 a.m. to 9 p.m., but need not be opened 
from 9 p.m. to 6 a.m.
    (c) The draw shall open on signal for public vessels of the United 
States, state and local government vessels used for public safety 
purposes, and vessels in distress. Operational information will be 
available 24 hours a day by calling 1-800-543-2515.

    Dated: April 18, 2005.
Ben R. Thomason III,
Captain, United States Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 05-8459 Filed 4-26-05; 8:45 am]
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