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: Final rule.

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SUMMARY: The Coast Guard is changing the regulations that govern the

operation of the Maryland Route 213 drawbridge across the Sassafras

River, Mile 10.0, at Georgetown, Maryland. This change will 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 will eliminate the need to have the bridge constantly

manned during times of minimal use while still providing for the

reasonable needs of navigation.

DATES: This rule is effective December 10, 1999.

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 CGD05-99-006 and are available for inspection or

copying at the office of the Commander (AOWB), Fifth Coast Guard

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

Virginia 23704-5004, between 8 a.m. and 4:30 p.m., Monday through

Friday, except Federal holidays.

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

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

SUPPLEMENTARY INFORMATION:

Regulatory Information

On May 14, 1999, the Coast Guard published a Notice of Proposed

Rulemaking (NPRM) entitled ``Drawbridge Operation Regulations:

Sassafras River, Georgetown, MD'' in the Federal Register (64 FR

26349). We received no letters commenting on the proposed rule. No

public hearing was requested, and none was held.

Background and Purpose

The Maryland Route 213 Sassafras River 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

[[Page 61207]]

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. Due to the low number of openings that have occurred during

the November through March time period, we believe this change will not

unduly restrict navigation.

Discussion of Comments and Changes

The Coast Guard received no comments on the NPRM. Since no comments

were received and we believe the change is warranted based on our

findings, the final rule is being implemented without change.

Regulatory Evaluation

This 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. 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 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 new operation

procedures during transits of the bridge.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we

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 conclusion is based on the fact that this rule will only

effect drawbridge openings during periods of little or no usage by

vessel operators.

Assistance for Small Entities

Under section 213(a) of the Small Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104-121), 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. This was

accomplished through the solicitation of comments from local waterway

users and marinas during a Coast Guard conducted field study, and

through publication of the NPRM in the Federal Register in which

comments were solicited.

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

We have analyzed this rule under Executive Order 12612, and have

determined that this rule does not have sufficient implications for

federalism to warrant the preparation of a Federalism Assessment.

Unfunded Mandate Reform Act

The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) and

E.O. 12875, Enhancing the Intergovernmental Partnership, (58 FR 58093,

October 28, 1993) govern the issuance of Federal regulations that

require unfunded mandates. An unfunded mandate is a regulation that

requires a State, local, or tribal government or the private sector to

incur direct costs without the Federal Government's having first

provided the funds to pay those unfunded mandate costs. This rule will

not impose an unfunded mandate.

Taking of Private Property

This rule will not effect a taking of private property or otherwise

have taking implications under E.O. 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 E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate

ambiguity, and reduce burden.

Protection of Children

We have analyzed this rule under E.O. 13045, Protection of Children

from Environmental Health Risks and Safety Risks. This rule is not an

economically significant rule and does not concern an environmental

risk to health or risk to safety that may disproportionately affect

children.

Environment

The Coast Guard considered the environmental impact of this rule

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

Instruction M16475.1C, this rule is categorically excluded from further

environmental documentation. This rule only deals with the operating

schedule of an existing drawbridge and will have no impact on the

environment. A ``Categorical Exclusion Determination'' is available in

the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

Bridges.

Regulation

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; 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. Add Sec. 117.570 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: October 27. 1999.

Thomas E. Bernard,

Captain, U. S. Coast Guard, Acting Commander, Fifth Coast Guard

District.

[FR Doc. 99-29364 Filed 11-9-99; 8:45 am]

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