[Federal Register Volume 76, Number 219 (Monday, November 14, 2011)]
[Rules and Regulations]
[Pages 70346-70348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29237]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2011-0697]
RIN 1625-AA09


Drawbridge Operation Regulation; Isle of Wight (Sinepuxent) Bay, 
Ocean City, MD

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the regulation governing the 
operation of the US 50 Bridge over Isle of Wight (Sinepuxent) Bay, mile 
0.5, at Ocean City, MD. This rule will add dates that the bridge is 
allowed to remain in the closed position to accommodate heavy volumes 
of vehicular traffic due to the annual July 4th fireworks show.

DATES: This rule is effective December 14, 2011.

ADDRESSES: Comments and related materials received from the public, as 
well as documents mentioned in this preamble as being available in the 
docket, are part of docket USCG-2011-0697 and are available online by 
going to http://www.regulations.gov, inserting USCG-2011-0697 in the 
``Keyword'' box, and then clicking ``Search.'' This material is also 
available for inspection or copying at the Docket Management Facility 
(M-30), U.S. Department of Transportation, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lindsey Middleton, Coast Guard; telephone (757) 398-6629, 
email [email protected]. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone (202) 366-9826.

Regulatory Information

    On August 17, 2011, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation; Isle of Wight 
(Sinepuxent) Bay, Ocean City, MD in the Federal Register (76 FR 50950). 
We have not received any comments on the proposed rule. No public 
meeting was requested, and none was held.

Basis and Purpose

    The Maryland Department of Transportation has requested a change in 
the operation regulation of the US 50 Bridge across Isle of Wight 
(Sinepuxent) Bay, mile 0.5, at Ocean City, MD. The Ocean City July 4th 
fireworks show is an annual event and heavy volumes of vehicular 
traffic transit across the bridge to attend it. The Coast Guard will 
allow the above mentioned bridge to remain in the closed position from 
9:30 p.m. until 10:30 p.m. on July 4th or on July 5th should inclement 
weather prevent the fireworks show event from taking place as planned. 
The exact date of the closure will be published locally in the Local 
Notice to Mariners and Broadcast Notice to Mariners.
    The vertical clearance of the bascule bridge is 13 feet above mean 
high tide in the closed position and unlimited in

[[Page 70347]]

the open position. The current operating schedule for the bridge is set 
out in 33 CFR 117.559 which states that during this time of year from 
9:25 a.m. to 9:55 p.m., the draw shall open at 25 and 55 minutes after 
the hour for a maximum of five minutes, except that on Saturdays, from 
1 p.m. to 5 p.m., the draw shall open on the hour for all waiting 
vessels and shall remain in the open position until all waiting vessels 
pass.
    There are no tender logs to report because the bridge has remained 
in the closed position for the 4th of July fireworks show for the past 
10 years. The majority of vessels that transit under this bridge this 
time of year are recreational boats. Vessels that are able to transit 
under the bridge without an opening may do so at any time. The Atlantic 
Ocean is an alternate route for vessels unable to pass under the bridge 
in the closed position. The bridge will be able to open for 
emergencies.

Discussion of Comments and Changes

    No comments were received on the proposed rule and no changes were 
made to the proposed rule.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory 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.
    The changes are expected to have minimal impact on maritime traffic 
transiting the bridge. Mariners can plan their trips in accordance with 
the scheduled bridge openings to minimize delays. Mariners are familiar 
with this bridge closure because for the past 10 years the Coast Guard 
has allowed the bridge to remain in the closed position for the 
fireworks event.

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 will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule will affect the following entities, some of which might 
be small entities: the owners or operators of vessels needing to 
transit through the bridge from 9:30 p.m. to 10:30 p.m. on July 4th or 
July 5th of every year. This action will not have a significant 
economic impact on a substantial number of small entities because the 
rule adds minimal restrictions to the movement of navigation and 
mariners who plan their transits in accordance with the scheduled 
bridge closure can minimize delay. This closure has occurred every year 
for the past 10 years; therefore, mariners should be familiar with 
planning their transits accordingly. Vessels that can safely transit 
under the bridge may do so at any time.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM 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 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 (adjusted for 
inflation) 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 will not cause 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

[[Page 70348]]

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 Department of Homeland Security 
Management Directive 023-01 and 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 this action is one of a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment. This rule is categorically excluded, under figure 2-1, 
paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland 
Security Delegation No. 0170.1.


0
2. In Sec.  117.559, add new paragraph (c) to read as follows:


Sec.  117.559  Isle of Wight (Sinepuxent) Bay

* * * * *
    (c) On July 4, the draw need not open from 9:30 p.m. until 10:30 
p.m. to accommodate the annual July 4th fireworks show. Should 
inclement weather prevent the fireworks event from taking place as 
planned, the draw need not open from 9:30 p.m. until 10:30 p.m. on July 
5th to accommodate the annual July 4th fireworks show.

    Dated: November 1, 2011.
William D. Lee,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard 
District.
[FR Doc. 2011-29237 Filed 11-10-11; 8:45 am]
BILLING CODE 9110-04-P