
[Federal Register: April 26, 2011 (Volume 76, Number 80)]
[Rules and Regulations]               
[Page 23185-23187]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26ap11-5]                         

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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: Final rule.

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SUMMARY: The Coast Guard is changing the regulation governing the 
operation of the US 50 Bridge over Isle of Wight (Sinepuxent) Bay, mile 
0.5, at Ocean City, MD. This rule will require any mariner requesting 
an opening in the

[[Page 23186]]

evening hours during the off-season, to do so before the tender office 
has vacated for the night. The change will ensure draw tender 
availability for openings. The Coast Guard is also changing the 
waterway location from Isle of Wight Bay to Isle of Wight (Sinepuxent) 
Bay. This change is necessary because the waterway is known locally as 
both Isle of Wight Bay and Sinepuxent Bay. This change will ensure 
there is no confusion as to the referenced waterway.

DATES: This rule is effective May 26, 2011.

ADDRESSES: Comments and related materials received from the public, as 
well as documents mentioned in this preamble as being available in the 
docket, are part of docket USCG-2010-0612 and are available online by 
going to http://www.regulations.gov, inserting USCG-2010-0612 in the 
``Keyword'' box, and then clicking ``Search.'' This material is also 
available for inspection or copying at the 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, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 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 the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On December 9, 2010, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation: Isle of Wight 
(Sinepuxent) Bay, Ocean City, MD in the Federal Register (75 FR 236). 
We received no comments on the proposed rule. No public meeting was 
requested, and none was held.

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 
tender 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 
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.
    According to the draw tender logs for the past three years, 
furnished by MdTA, there have been few 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. The majority of the waterway traffic at this bridge site 
is seasonal recreational boaters. October 1 through April 30 is 
considered out-of-season and has minimal waterway traffic.
    The current regulation, set out in 33 CFR 117.559, locates this 
waterway as Isle of Wight Bay, mile 0.5, at Ocean City, MD. Local 
mariners refer to this waterway location as both the Isle of Wight Bay 
and the Sinepuxent Bay. To clarify any confusion mariners may have, 
this waterway location will be cited as Isle of Wight (Sinepuxent) Bay, 
mile 0.5, at Ocean City, MD in the Federal Register.

Discussion of Comments and Changes

    No comments were received on the proposed rule and no changes were 
made to the proposed rule.

Regulatory Analyses

    We developed this 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 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 changes are expected to have 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 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 rule will affect the following entities, some of which might 
be small entities: The owners or operators of vessels needing to 
transit through 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM 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.

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

    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 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

[[Page 23187]]

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 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 rule will 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 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 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 rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does 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 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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this 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 concluded 
that this action is one of a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment. This rule is categorically excluded, under figure 2-1, 
paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist 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 amends 
33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
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.


0
2. Section 117.559 is revised 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.
    (b) 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: April 13, 2011.
William D. Lee,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard 
District.
[FR Doc. 2011-9987 Filed 4-25-11; 8:45 am]
BILLING CODE 9110-04-P

