Drawbridge Operation Regulations; Sassafras River, Georgetown, MD

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-99-006]

RIN 2115-AE47

Drawbridge Operation Regulations; Sassafras River, Georgetown, 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 213 drawbridge across the

Sassafras River, Mile 10.0, at Georgetown, Maryland. The proposed rule

would restrict drawbridge openings from November 1 through March 31,

from midnight to 8 a.m., by requiring a six-hour advance notice for

drawbridge openings. 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 (CGD05-99-006) 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,

at 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 213 drawbridge across the Sassafras River, Mile

10.0, at Georgetown, Maryland, is currently required to open on signal

year-round. The Maryland Department of Transportation (MDOT) has

requested that the Coast Guard change the operating schedule for the

drawbridge by requiring a six-hour advance notice to open the bridge

from November 1 to March 31, from midnight to 8 a.m. Review of MDOT's

bridge logs from 1993 to 1997 reveals a total of 29 bridge openings for

the five year period during the months from November 1 through March

31, an average of 1.2 openings per month. Considering the low number of

openings that have occurred during the November through March time

period, the Coast Guard believes that these proposed changes will not

unduly restrict navigation.

Discussion of Proposed Amendment

The Coast Guard proposes a new regulation governing the operation

of the Maryland Route 213 drawbridge across the Sassafras River, mile

10.0, at Georgetown, Maryland. The proposed regulation would restrict

openings of the Sassafras River drawbridge from November 1 through

March 31, from midnight to 8 a.m. During this period, 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.

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 qualified

[[Page 26350]]

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 (14 U.S.C. 3501 et seq.).

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 for 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. A new Sec. 117.570 is added to read as follows:

Sec. 117.570 Sassafras River.

The draw of the Sassafras River (Route 213) bridge, mile 10.0, at

Georgetown, Maryland shall open on signal; except that from November 1

through March 31, from midnight to 8 a.m., the draw need only open if

at least a six-hour advance notice is given.

Dated: May 4, 1999.

Roger T. Rufe, Jr.,

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

[FR Doc. 99-12275 Filed 5-13-99; 8:45 am]

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