[Federal Register Volume 79, Number 121 (Tuesday, June 24, 2014)]
[Rules and Regulations]
[Pages 35682-35683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14635]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-1021]
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 modifying the operating schedule that 
governs the US 50 Bridge, over Isle of Wight (Sinepuxent) Bay, mile 
0.5, Ocean City, MD. This rule changes the language of the regulation 
to reflect new closure times to accommodate heavy volumes of vehicular 
traffic following the annual July 4th fireworks show.

DATES: This rule is effective on June 24, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-1021. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 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 final 
rule, call or email Mrs. Traci Whitfield, Bridge Management Assistant, 
Coast Guard, telephone (757) 398-6629, email 
[email protected]. If you have questions on reviewing the 
docket, call Cheryl Collins, Program Manager, Docket Operations, (202) 
366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
U.S.C. United States Code

A. Regulatory History and Information

    On April 1, 2014, we published a notice of proposed rulemaking 
(NPRM) entitled, ``Drawbridge Operation Regulation; Isle of Wight 
(Sinepuxent) Bay, Ocean City, MD'' in the Federal Register (79 FR 
18243). The Coast Guard received no comments on the proposed rule. No 
public meeting was requested, and none was held.
    Under 5 U.S.C. 533(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective in less than 30 days after 
publication in the Federal Register. A 30-day delayed effective date is 
impracticable and contrary to the public interest. Since there were no 
objections to this rule during notice and comment and to accommodate 
the approaching fireworks show scheduled on July 4, 2014, which 
includes heavy volumes of vehicular traffic following the show, it 
would be impracticable and contrary to public interest to delay the 
effective date.

B. Basis and Purpose

    The US 50 Bridge is a single-leaf bascule bridge with a vertical 
clearance of approximately 13 feet above mean high water in the closed 
position and unlimited in the open position.
    The Ocean City Police Department, on behalf of the Maryland 
Department of Transportation, requested to change the current operating 
regulation for the US 50 Bridge across Isle of Wight (Sinepuxent) Bay, 
mile 0.5, at Ocean City, MD to accommodate the annual Ocean City July 
4th fireworks show and the heavy volumes of vehicular traffic that 
transit across the drawbridge. The Ocean City Police Department 
requested that the bridge closure times be changed from 9:30 p.m. until 
10:30 p.m., to 10:00 p.m. until 11:00 p.m. Since the fireworks show 
runs between 9:30 p.m. and 10:00 p.m., there is very little traffic 
crossing the bridge. However, there remains a high volume of traffic 
between 10:30 p.m. and 11:00 p.m. This change will allow for a more 
orderly process of transiting the heavy volumes of vehicular traffic 
following the fireworks show.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard received no comments in response to the notice of 
proposed rulemaking. As a result, no changes have been made to this 
final rule. Therefore, we revised the times in 117.559(c) from the 
current times of 9:30 p.m. to 10:30 p.m. to new times of 10 p.m. to 11 
p.m.

D. Regulatory Analyses

    The Coast Guard developed this rule after considering numerous 
statutes and executive orders related to rulemaking. Below the Coast 
Guard summarizes our analyses based on these statutes or executive 
orders.

1. 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 Order 12866 or under 
section 1 of Executive Order 13563. The Office of Management and Budget 
has not reviewed it under those Orders. The changes are expected to 
have minimal impact on maritime traffic transiting the bridge. Mariners 
can plan their trips in accordance with the revised schedule to 
minimize delays. While the times are changing, mariners are familiar 
with this bridge closure because for the past 12 years the Coast Guard 
has allowed the bridge to remain in the closed position for the 
fireworks event.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 received no comments from the Small Business 
Administration on this rule. 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 final rule would affect the following entities, some of which 
might be small entities: the owners or operators of vessels needing to 
transit through the bridge from 10 p.m. until 11 p.m., on July 4th or 
July 5th of every year. This action will not have

[[Page 35683]]

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 event has occurred 
every year for the past 12 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.

3. 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 rule. 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 the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairneww Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). 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.

4. 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).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. The Coast Guard have analyzed this rule under that Order 
and have determined that it does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 expenditure, Coast Guard does discuss the effects of this rule 
elsewhere in this preamble.

8. 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.

9. 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.

10. Protection of Children

    The Coast Guard has 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 does not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, Coast Guard 
did not consider the use of voluntary consensus standards.

14. Environment

    The Coast Guard has 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 simply promulgates the operating 
regulations or procedures for drawbridges. 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. Revise Sec.  117.559(c), to read as follows:


Sec.  117.559  Isle of Wight (Sinepuxent) Bay.

* * * * *
    (c) On July 4, the draw need not open from 10 p.m. until 11 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 10 p.m. until 11 p.m. on July 5th to 
accommodate the annual July 4th fireworks show.

    Dated: June 10, 2014.
Stephen P. Metruck,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2014-14635 Filed 6-23-14; 8:45 am]
BILLING CODE 9110-04-P