
[Federal Register Volume 75, Number 236 (Thursday, December 9, 2010)]
[Proposed Rules]
[Pages 76688-76691]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30918]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2010-0612]
RIN 1625-AA09


Drawbridge Operation Regulation; Isle of Wight (Sinepuxent) Bay, 
Ocean City, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the regulations that govern 
the operation of the US 50 Bridge over Isle of Wight (Sinepuxent) Bay, 
mile 0.5, at Ocean City, MD. This proposed rule will require any 
mariner requesting an opening in the evening hours during the off-
season, to do so before the tender office has vacated for the night. 
The proposed change will ensure draw tender availability for every 
scheduled opening. The Coast Guard also proposes to change the waterway 
location from Isle of Wight Bay to Isle of Wight (Sinepuxent) Bay. This 
waterway is known locally as both Isle of Wight Bay and Sinepuxent Bay.

DATES: Comments and related material must reach the Coast Guard on or 
before February 7, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-

[[Page 76689]]

2010-0612 using any one of the following methods:
    (1) Federal eRulemaking Portal: http:[sol][sol]www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail Ms. Lindsey Middleton, Fifth District Bridge 
Administration Division, Coast Guard; telephone 757-398-6629, e-mail 
Lindsey.R.Middleton@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change to http:[sol][sol]www.regulations.gov and will include 
any personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2010-0612), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (http:[sol][sol]www.regulations.gov), or by fax, mail or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http:[sol][sol]www.regulations.gov, it will be 
considered received by the Coast Guard when you successfully transmit 
the comment. If you fax, hand deliver, or mail your comment, it will be 
considered as having been received by the Coast Guard when it is 
received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an e-mail address, or a phone 
number in the body of your document so that we can contact you if we 
have questions regarding your submission.
    To submit your comment online, go to 
http:[sol][sol]www.regulations.gov, click on the ``submit a comment'' 
box, which will then become highlighted in blue. In the ``Document 
Type'' drop down menu select ``Proposed Rules'' and insert ``USCG-2010-
0612'' in the ``Keyword'' box. Click ``Search'' then click on the 
balloon shape in the ``Actions'' column. If you submit your comments by 
mail or hand delivery, submit them in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying and electronic filing. If you 
submit them by mail and would like to know that they reached the 
Facility, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period and may change the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to 
http:[sol][sol]www.regulations.gov, click on the ``read comments'' box, 
which will then become highlighted in blue. In the ``Keyword'' box 
insert ``USCG-2010-0612'' and click ``Search.'' Click the ``Open Docket 
Folder'' in the ``Actions'' column. You may also visit the Docket 
Management Facility in Room W12-140 on the ground floor of the 
Department of Transportation West Building, 1200 New Jersey Avenue, 
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. We have an agreement with the 
Department of Transportation to use the Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain 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.

Basis and Purpose

    The Maryland Department of Transportation (MdTA) has requested a 
change to the operating procedure for the double-leaf bascule US 50 
Bridge. This change would require that the draw shall open on signal; 
except that, from 6 p.m. to 6 a.m., from October 1 to April 30 of every 
year, the draw shall open on signal if notice is given to the bridge 
before 6 p.m.
    The current regulation, set out in 33 CFR 117.559, requires that 
the US 50 Bridge over Isle of Wight (Sinepuxent) Bay, mile 0.5, at 
Ocean City, with a vertical clearance of 13 feet above mean high tide 
in the closed position, shall 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 
vessel 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.
    According to the records furnished by MdTA, draw tender logs for 
the past three years show that there have been little to no requests 
for bridge openings from October 1 to April 30, between the hours of 6 
p.m. and 6 a.m. By providing notice to the bridge tender before 6 p.m., 
mariners can plan their transits and minimize delay in accordance with 
the proposed rule.

Discussion of Proposed Rule

    The Coast Guard proposes to revise 33 CFR 117.559 for the US 50 
bridge, mile 0.5, at Ocean City. The current paragraph would be divided 
into paragraphs (a) and (b).
    Paragraph (a) would contain the proposed rule and require the 
drawbridge to open on signal from October 1 through April 30, from 6 
p.m. to 6 a.m., if notice has been given to the bridge tender before 6 
p.m.
    Paragraph (b) would contain the existing regulation that states the 
following: 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

[[Page 76690]]

open position until all waiting vessels pass.
    The change in the operating regulation would ensure a timely bridge 
opening for mariners during the off-season, from October 1 through 
April 30 from 6 p.m. to 6 a.m.
    The Atlantic Ocean is the alternate route for vessels transiting 
this section of Isle of Wight (Sinepuxent) Bay. Vessels with a mast 
height of less than 13 feet can pass underneath the bridge in the 
closed position at anytime.
    The Coast Guard also proposes to change the waterway location at 
section 117.559 Isle of Wight Bay, by inserting the name Sinepuxent 
Bay, since this waterway is known locally as both the Isle of Wight Bay 
and the Sinepuxent Bay.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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. The proposed changes are 
expected to have only a minimal impact on maritime traffic transiting 
the bridge.
    Mariners can plan their trips in accordance with the scheduled 
bridge openings to minimize delays.

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: the owners or 
operators of vessels needing to transit the bridge from 6 p.m. to 6 
a.m. from October 1 to April 30. This action will not have a 
significant economic impact on a substantial number of small entities 
because the rule adds minimal restrictions to the movement of 
navigation, by requiring mariners from October 1 to April 30, from 6 
p.m. to 6 a.m., to give notice to the bridge tender before 6 p.m.
    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 Lindsey Middleton, Bridge 
Management Specialist, Fifth Coast Guard District, (757) 398-6629 or 
Lindsey.R.Middleton@uscg.mil. The Coast Guard will not retaliate 
against small entities that question or complain about this proposed 
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 (adjusted for 
inflation) 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 cause 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

[[Page 76691]]

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 Department of Homeland 
Security Management Directive 023-01, and Commandant Instruction 
M16475.lD 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 this action is one of a 
category of actions which do not individually or cumulatively have a 
significant effect on the human environment because it simply 
promulgates the operating regulations or procedures for drawbridges. We 
seek any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed 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; 33 CFR 1.05-1; Department of Homeland 
Security Delegation No. 0170.1.

    2. Revise Sec.  117.559 to read as follows:


Sec.  117.559  Isle of Wight (Sinepuxent) Bay

    The draw of the US 50 Bridge, mile 0.5, at Ocean City, shall open 
on signal; except:
    (a) From October 1 through April 30, from 6 p.m. to 6 a.m., the 
draw shall open if notice has been given to the bridge tender before 6 
p.m.
    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.

    Dated: November 24, 2010.
William D. Lee,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard 
District.
[FR Doc. 2010-30918 Filed 12-8-10; 8:45 am]
BILLING CODE 9110-04-P


