

[Federal Register: November 8, 2007 (Volume 72, Number 216)]
[Proposed Rules]               
[Page 63156-63158]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08no07-24]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD05-07-100]
RIN 1625-AA09

 
Drawbridge Operation Regulations: Isle of Wight Bay (Sinepuxent 
Bay), Ocean City, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to temporarily change the regulations 
that govern the operation of the US 50 Bridge across the Isle of Wight 
Bay (Sinepuxent Bay), at mile 0.5, in Ocean City, MD. The proposal 
would close the drawbridge to navigation in order to facilitate 
extensive rehabilitation and to maintain the bridge's operational 
integrity. Vessels that can pass under the bridge without a bridge 
opening may do so at all times.

DATES: The Coast Guard proposes closing this drawbridge to navigation 
beginning at 8 a.m. on January 7, 2008, through 5 p.m. on February 21, 
2008. Comments and related material must reach the Coast Guard on or 
before December 24, 2007.

ADDRESSES: You may mail comments and related material to Commander 
(dpb), Fifth Coast Guard District, Federal Building, 4th Floor, 431 
Crawford Street, Portsmouth, Virginia 23704-5004, or they may be hand 
delivered to the same address between

[[Page 63157]]

8 a.m. and 4 p.m., Monday through Friday, except Federal Holidays. The 
Commander (dpb), 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 the above address.

FOR FURTHER INFORMATION CONTACT: Sandra S. Elliott, Bridge Management 
Specialist, Fifth Coast Guard District, at (757) 398-6557.

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-
100), 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 
confirmation to know if they were received, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period. We may change this 
proposed rule in view of those comments.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the Commander, 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 at a place announced by a later notice in the 
Federal Register.

Background and Purpose

    Maryland Department of Transportation--State Highway Administration 
(MDOT) owns and operates the bascule span of the U.S. 50 Bridge, at 
mile 0.5, across Isle of Wight Bay (Sinepuxent Bay) in Ocean City, MD. 
The bridge has a vertical clearance in the closed position to vessels 
of 13 feet, above mean high water (vertical clearance at center of 
channel increased by five feet). The current regulations are outlined 
at 33 CFR 117.559, which require the bridge to open on signal except: 
from October 1 through April 30 from 6 p.m. to 6 a.m., the draw shall 
open if at least three hours notice is given and from May 25 through 
September 15 from 9:25 a.m. to 9:55 p.m. the draw shall open at 25 
minutes after and 55 minutes after the hour for a maximum of five 
minutes to let accumulated vessels pass, except that, on Saturdays from 
1 p.m. to 5 p.m., the draw shall open on the hour for all waiting 
vessels and shall remain in the open position until all waiting vessels 
pass.
    The Office of Bridge Inspection and Remedial Engineering, a 
division under MDOT, has requested a change to the existing operating 
drawbridge regulations to accommodate the necessary repairs. The 
repairs include replacing the existing north and south pinion/bull gear 
sets in the west bascule leaf and replacing the existing grid deck in 
the bascule span. To facilitate the repairs, the drawbridge will be 
locked in the closed-to-navigation position from 8 a.m. on Monday, 
January 7, 2008 until and including 5 p.m. on Thursday, February 21, 
2008.
    Information provided by MDOT indicates that during the winter 
months, in January and February, the bridge has an opening frequency of 
five openings per month. Vessel operators with mast height lower than 
13 feet still can transit through the drawbridge across Isle of Wight 
Bay (Sinepuxent Bay) during the rehabilitation. The project will also 
require a small barge, measuring 8 feet x 27 feet, for the gear 
removal/grid deck installation. The barge will only be needed for a 
six-day period and removed at the end of each procedure at the end of 
each day. However, the barge can be removed during an emergency at any 
time. Also, the Atlantic Ocean is an alternate route for vessels with a 
mast height greater than 13 feet. Therefore, vessels should not be 
negatively impacted by this proposal.

Discussion of Proposed Rule

    The Coast Guard proposes to suspend the operating regulations at 33 
CFR 117.559 for the US 50 Bridge at mile 0.5, in Ocean City, Maryland 
from 8 a.m. on January 7, 2008, through 5 p.m. on February 21, 2008. 
During this suspension period, the Coast Guard proposes to implement 
temporary operating regulations for this bridge. The proposed temporary 
regulations will state that the bridge need not be opened by the bridge 
operator, Maryland Department of Transportation--State Highway 
Administration, during this period.

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. We expect the economic 
impact of this proposed rule to be so minimal that a full Regulatory 
Evaluation is unnecessary.
    Due to the historical average number of bridge openings during this 
time period, the proposed changes would have only a minimal impact on 
maritime traffic seeking to transit the bridge. Vessel operators with 
mast height lower than 13 feet still can transit through the drawbridge 
across Isle of Wight Bay (Sinepuxent Bay) during the rehabilitation. 
Also, the Atlantic Ocean is an alternate route for vessels with a mast 
height greater than 13 feet who cannot transit under the bridge during 
this period.

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 affect the following entities, some of 
which might be small entities: owners and operators of vessels with 
over 13 feet of mast height seeking to transit the bridge between 8 
a.m. on January 7, 2008, through 5 p.m. on February 21, 2008. This 
proposed rule would not have a significant economic impact on a 
substantial number of small entities because vessel operators with mast 
height lower than 13 feet still can transit through the drawbridge. The 
Atlantic Ocean is an alternate route for vessels with a mast height 
greater than 13 feet. Additionally, before the effective period of this 
rule, public notice will be promulgated so mariners can adjust their 
plans accordingly.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed 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.

[[Page 63158]]

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 process. 
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, (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 would 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 security 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 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 
M16475.1D, 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, (32)(e), of the 
Instruction, from further environmental documentation. Under figure 2-
1, paragraph (32)(e), an ``Environmental Analysis Check List'' and a 
``Categorical Exclusion Determination'' are not required for this rule. 
Comments on this section will be considered before we make the final 
decision on whether to categorically exclude this rule from further 
environmental review.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to temporarily 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; 33 CFR 1.05-1(g); Department of 
Homeland Security Delegation No. 0170.1.
    2. From 8 a.m. on January 7, 2008 through 5 p.m. on February 21, 
2008, temporarily designate the regulatory text in Sec.  117.559 as 
paragraph (a), temporarily suspend newly designated paragraph (a), and 
temporarily add paragraph (b) to read as follows:


Sec.  117.559  Isle of Wight Bay.

* * * * *
    (b) From 8 a.m. on January 7, 2008 through 5 p.m. on February 21, 
2008, the draw of the U.S. 50 Bridge, mile 0.5, at Ocean City, need not 
be opened.

    Dated: October 24, 2007.
Fred M. Rosa, Jr.,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard 
District.
[FR Doc. E7-21882 Filed 11-7-07; 8:45 am]

BILLING CODE 4910-15-P
