[Federal Register Volume 70, Number 127 (Tuesday, July 5, 2005)]
[Rules and Regulations]
[Pages 38594-38596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13129]


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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: Final rule.

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SUMMARY: The Coast Guard is changing the regulations that govern the 
operation of the S.R. 18-B Bridge, over Kent Island Narrows, mile 1.0, 
in Kent Island, MD. The final rule allows the S.R. 18-B Bridge to open 
on signal for vessel traffic on the hour and half-hour from 6 a.m. to 9 
p.m., from May 1 through October 31, but need not be opened from 9 p.m. 
to 6 a.m. From November 1 through April 30, the draw shall open on 
signal from 6 a.m. to 6 p.m., but need not be opened from 6 p.m. to 6 
a.m. The draw shall open on signal for public vessels of the United 
States, State, or local government vessels used for public safety 
purposes, and vessels in distress. This change will allow for a more 
efficient flow of vessel traffic.

DATES: This rule is effective August 4, 2005.

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 CGD05-05-019 and are available for inspection or 
copying at Commander (obr), Fifth Coast Guard District, Federal 
Building, 1st Floor, 431 Crawford Street, Portsmouth, VA 23704-5004 
between 8 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays. The Fifth Coast Guard District maintains the public docket 
for this rulemaking.

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

SUPPLEMENTARY INFORMATION:

Regulatory History

    On April 27, 2005, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulations; Kent Island 
Narrows, Kent Island, MD'' in the Federal Register (70 FR 21700). We 
received two comments on the proposed rule. No public meeting was 
requested, and none was held.

Background and Purpose

    Maryland Department of Transportation (MDOT), 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 open on signal 
from November 1 through April 30, from 6 a.m. to 6 p.m., but need not 
be opened from 6 p.m. to 6 a.m.; and 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; 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 1990, MDOT completed a new high-rise bridge along U.S. Route 50/
301, which carries the majority of vehicle traffic, parallel to the 
drawbridge, allowing the draw to operate with fewer restrictions to 
vessels. The drawbridge has been inadvertently operated by MDOT on this 
final rule 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 Comments and Changes

    The Coast Guard received one comment on the NPRM from a private 
boater and one from MDOT. The private boater is in support of the 
opening schedule. MDOT provided information to correct slight 
inaccuracies in the background and purpose of this rule. The Coast 
Guard has incorporated the following correction to the background and 
purpose: Construction of the high-rise bridge parallel to the 
drawbridge actually completed in 1990 vice 1997.
    The Coast Guard considers this change necessary to accurately 
describe details in the background and purpose. The comment provided by 
MDOT did not have an impact on the regulation itself, but was included 
for informational purposes only.

Regulatory Evaluation

    This final 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 final 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

[[Page 38595]]

majority of vehicle traffic utilizes the high-rise bridge and this rule 
will increase the number of openings for maritime traffic transiting 
the 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 rule 
would not have a significant economic impact on a substantial number of 
small entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking process. No 
assistance was requested from any small entity.

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

    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 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 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 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 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 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 rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does 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 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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this 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 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 for drawbridges are categorically 
excluded.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

0
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.

0
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.


[[Page 38596]]


    Dated: June 27, 2005.
Sally Brice-O'Hara,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard 
District.
[FR Doc. 05-13129 Filed 7-1-05; 8:45 am]
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