[Federal Register: April 5, 2007 (Volume 72, Number 65)]
[Proposed Rules]
[Page 16752-16754]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ap07-29]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD05-07-025]
RIN 1625-AA09
Drawbridge Operation Regulations; Wicomico River (North Prong),
Salisbury MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to change the drawbridge operation
regulations of two Maryland Department of Transportation (MDOT)
bridges: The Main Street and U.S. 50 Bridges, at mile 22.4, across
Wicomico River (North Prong) in Salisbury, MD. This proposal would
allow the bridges to open on signal if four hours advance notice is
given and eliminate the continual attendance of draw tender services
while still providing the reasonable needs of navigation.
DATES: Comments and related material must reach the Coast Guard on or
before May 21, 2007.
ADDRESSES: You may mail comments and related material to Commander
(dpb), Fifth Coast Guard District, Federal Building, 1st Floor, 431
Crawford Street, Portsmouth, VA 23704-5004. The Fifth Coast Guard
District maintains the public docket for this rulemaking. Comments and
material received from the public, as well as documents indicated in
this preamble as being available in the docket, will become part of
this docket and will be available for inspection or copying at
Commander (dpb), Fifth Coast Guard District between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Waverly W. Gregory, Jr., Bridge
Administrator, Fifth Coast Guard District, at (757) 398-6222.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking CGD05-07-
025, indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like a return
receipt, please enclose a stamped, self-addressed postcard or envelope.
We will consider all submittals received during the comment period. We
may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Commander (dpb), Fifth Coast Guard
District at the address under ADDRESSES explaining why one would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
Background and Purpose
The State Highway Administration (SHA), a division under MDOT, is
responsible for the operation of both the Main Street and US 50
Bridges, at mile 22.4, across Wicomico River in Salisbury. SHA
requested advance notification for vessel openings and a reduction in
draw tender services due to the infrequency of requests for vessel
openings of the drawbridges.
The Main Street and US 50 Bridges have vertical clearances of four
feet, above mean high water, in the closed-to-navigation position. The
existing operating regulations for these drawbridges are set out in 33
CFR Sec. 117.579, which requires the draws to open on signal, except
from 7 a.m. to 9 a.m., from 12 noon to 1 p.m. and from 4 p.m. to 6
p.m., the draw need not be opened for the passage of vessels, except
for tugs with tows, if at least three hours of advance notice is given,
and the reason for passage through the bridges during a closure period
is due to delay caused by inclement weather or other emergency or
unforeseen circumstances.
Bridge opening data supplied by SHA revealed a significant decrease
in yearly openings. In the past three years from 2004 to 2006, the
bridges opened for vessels 522, 282 and 157 times, respectively. Due to
the infrequency of requests for vessel openings of the drawbridges, SHA
requested to change the current operating regulations by requiring the
draw spans to open on signal if at least four hours notice is
[[Page 16753]]
given year-round by calling the contact telephone number at (410) 430-
7561.
Discussion of Proposed Rule
The Coast Guard proposes to amend 33 CFR 117.579, which governs the
Main Street and US 50 Bridges, by revising the paragraph to read that
the draws shall open on signal if at least four hours notice is given
by calling the telephone contact number at (410) 430-7461. Under this
revision, there will no longer be closure periods. All vessels will be
required to provide at least four hours notice.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning, and 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. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary. We reached this conclusion based
on the fact that the proposed changes have only a minimal impact on
maritime traffic transiting the bridge. Mariners will no longer have to
wait for closure periods to end, which will allow them to plan their
trips without requiring a stop, so long as the four hour notice is
provided.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities.
This proposed rule would not have a significant economic impact on
a substantial number of small entities because the rule relieves
restrictions to the movement of navigation, as mariners will no longer
have to wait for closure periods to end, which will allow them to plan
their trips without requiring a stop, so long as the four hour notice
is provided.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 Waverly W. Gregory, Jr., Bridge
Administrator, Fifth Coast Guard District, and (757) 398-6222. 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.
Collection of Information
This proposed rule would call 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 proposed 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 or more in any
one year. Though this proposed 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 proposed rule would not affect 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 proposed 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed 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 Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are
[[Page 16754]]
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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD, and Department of Homeland Security Management Directive
5100.1, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
made a preliminary determination that there are no factors in this case
that would limit the use of a categorical exclusion under section 2.B.2
of the Instruction. Therefore, we believe that this rule should be
categorically excluded, under figure 2-1, paragraph (32)(e) of the
Instruction, from further environmental documentation. Under figure 2-
1, paragraph (32)(e), of the Instruction, an ``Environmental Analysis
Check List'' 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 proposes
to amend 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; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
2. Revise Sec. 117.579 to read as follows:
Sec. 117.579 Wicomico River (North Prong).
The draws of the Main Street and U.S. 50 bridges, mile 22.4,
Salisbury, Maryland shall open on signal if at least four hours notice
is given by calling the telephone contact number at (410) 430-7461.
Dated: March 29, 2007.
L. L. Hereth,
Rear Admiral, U. S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. E7-6303 Filed 4-4-07; 8:45 am]
BILLING CODE 4910-15-P