Drawbridge Operation Regulations; Miles River, Easton, MD

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-99-003]

RIN 2115-AE47

Drawbridge Operation Regulations; Miles River, Easton, MD

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: At the request of the Maryland Department of Transportation

(MDOT), the Coast Guard is proposing to change the regulations that

govern the operation of the Maryland Route S370 drawbridge across Miles

River, Mile 10.0, at Easton, Maryland. The proposed rule would restrict

drawbridge openings from November 1 through March 31, 24 hours a day,

and from April 1 through October 31, from 6 p.m. to 6 a.m., by

requiring a six-hour advance notice for drawbridge openings. At all

other times the bridge would open on signal. This change is intended to

eliminate the need to have the bridge constantly manned during times of

minimal use while still providing for the reasonable needs of

navigation.

DATES: Comments must reach the Coast Guard on or before July 13, 1999.

ADDRESSES: Comments may be mailed to Commander (Aowb), Fifth Coast

Guard District, Federal Building, 4th Floor, 431 Crawford Street,

Portsmouth, Virginia 23704-5004, or may be hand delivered to the same

address between 8 a.m. and 4:30 p.m., Monday through Friday, except

Federal holidays. The telephone number is (757) 398-6222. Comments will

become a part of this docket and will be available for inspection and

copying at the above address.

FOR FURTHER INFORMATION CONTACT: Ann B. Deaton, Bridge Administrator,

Fifth Coast Guard District, at 757-398-6222.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested parties to participate in

this rulemaking by submitting written data, views, or arguments.

Persons submitting comments should include their names and addresses,

identify this rulemaking (CGD05-99-003) and the specific section of

this proposal to which each comment applies, and give the reason for

each comment. Please submit two copies of all comments and attachments

in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for

copying and electronic filing. if not practical, a second copy of any

bound material is requested. Persons wanting acknowledgment of receipt

of comments should enclose stamped, self-addressed postcards or

envelopes.

The Coast Guard will consider all comments received during the

comment period. It may change this proposal in view of the comments.

The Coast Guard plans no public hearing. Persons may request a

public hearing by writing to the Commander, Fifth Coast Guard District,

as the address under ADDRESSES. The request should include reasons why

a hearing would be beneficial. If it determines that the opportunity

for oral presentations will aid this rulemaking, the Coast Guard will

hold a public hearing at a time and place announced by a later notice

in the Federal Register.

Background and Purpose

The Maryland Route S370 drawbridge across the Miles River, Mile

10.0, at Easton, Maryland, is currently required to open on signal from

sunrise to sunset. A vessel wishing to pass through the draw between

sunset to sunrise shall notify the drawtender of the time at which it

is desired to pass and the draw shall open as close to the time

requested as practicable.

The Maryland Department of Transportation (MDOT) has requested that

the Coast Guard change the

[[Page 26351]]

operating schedule of the S370 Miles River Bridge, from November 1

through March 31, 24 hours a day, and from April 1 through October 31,

from 6 p.m. to 6 a.m., by requiring a six-hour advance notice for

drawbridge openings. At all other times the bridge will open on signal.

This change is requested to eliminate the need for a drawtender to be

present when there are a minimal number or no bridge openings. Review

of MDOT's bridge logs from 1997 to 1998 revealed a total of 4 bridge

openings for the two-year period during the months from November 1

through March 31. The review also clearly revealed a reduced number of

drawbridge openings during the months from April 1 through October 31

between the hours of 6 p.m. and 6 a.m. The Coast Guard conducted a

field study of the local marinas and waterway users. No adverse

comments were received during the field study. This bridge is located

in a rural upriver location with little or not nighttime navigation.

The Coast Guard believes that these proposed changes will not unduly

restrict navigation.

Discussion of Proposed Amendment

The Coast Guard proposes to amend 33 CFR 117.565, which governs the

S370 Miles River Bridge, across Miles River, Mile 10.0, at Easton,

Maryland, to restrict openings of the bridge from November 1 through

March 31, 24 hours a day, and from April 1 through October 31, 6 p.m.

to 6 a.m. During these periods, the bridge need only open if a six-hour

notice is given to MDOT. A sign would be posted at the bridge to

provide MDOT's 24-hour telephone number. At all other times the bridge

will open on signal.

Regulatory Evaluation

This proposed rule is not a significant regulatory action under

section 3(f) of Executive Order 12866 and does not require an

assessment of potential costs and benefits under section 6(a)(3) of

that Order. It has not been reviewed by the Office of Management and

Budget under that Order. It is not significant under the regulatory

policies and procedures of the Department of Transportation (DOT) (44

FR 11040; February 26, 1979). The Coast Guard reached this conclusion

based on the fact that the proposed changes will not prevent mariners

from transiting the bridge, but merely require mariners to adhere to

the proposed new operation procedures during times of minimal use of

the bridge. The Coast Guard expects the economic impact of this

proposed rule to be so minimal that a full Regulatory Evaluation under

paragraph 10e of the regulatory policies and procedures of DOT is

unnecessary.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard considered whether this proposed rule, if adopted, will

have a significant economic impact on a substantial number of small

entities. ``Small entities'' include 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. Because it expects the impact of this

proposal to be minimal, the Coast Guard certifies under 5 U.S.C. 605(b)

that this proposed rule, if adopted, will not have a significant

economic impact on a substantial number of small entities. If, however,

you think that your business or organization qualifies as a small

entity and that this proposed rule will have a significant economic

impact on your business or organization, please submit a comment (see

ADDRESSES) explaining why you think it qualifies and in what way and to

what degree this proposed rule will economically affect it.

Assistance for Small Entities

In accordance with section 213(a) of the Small Business Regulatory

Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard

wants to assist small entities in understanding this proposed rule so

that they can better evaluate its effects on them and participate in

the rulemaking process. If your small business or organization is

affected by this rule and you have questions concerning its provisions

or options for compliance, please contact the Commander, Fifth Coast

Guard District, at the address under ADDRESSES.

Unfunded Mandates

Under section 201 of the Unfunded Mandates Reform Act (UMRA) (2

U.S.C. 1531), the Coast Guard assessed the effects of this proposed

rule on State, local, and tribal governments, in the aggregate, and the

private sector. The Coast Guard determined that this regulatory action

requires no written statement under section 202 of the UMRA (2 U.S.C.

1532) because it will not result in the expenditure of $100,000,000 in

any one year by State, local, or tribal governments, in the aggregate,

or the private sector.

Collection of Information

This proposed rule does not provide for a collection of information

under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et se.).

Federalism

The Coast Guard has analyzed this proposed rule under the

principles and criteria contained in Executive Order 12612, and has

determined that this proposed rule does not have sufficient federalism

implications to warrant the preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this

proposal and concluded that under figure 2-1, paragraph (32)(e) of

Commandant Instruction M16475.1C, this proposed rule is categorically

excluded from further environmental documentation because it is a

drawbridge operating regulation. A ``Categorical Exclusion

Determination'' is available in the docket for inspection or copying

where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

Bridges.

Regulation

For the reasons discussed in the preamble, the Coast Guard proposes

to amend 33 CFR part 117 as follows:

PART 117--[AMENDED]

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

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g); section

117.255 also issued under the authority of Pub. L. 102-587, 106

Stat. 5039.

2. Section 117.565 is revised to read as follows:

Sec. 117.565 Miles River.

The draw of the Route S370 bridge, mile 10.0 at Easton, Maryland

shall open on signal; except that from November 1 through March 31, 24

hours a day, and from April 1 through October 31, from 6 p.m. to 6

a.m., a six-hour advance notice to the drawtender is required for

bridge openings.

Dated: May 4, 1999.

Roger T. Rufe, Jr.,

Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.

[FR Doc 99-12274 Filed 5-13-99; 8:45 am]

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