Justia Regulation Tracker

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[Federal Register: August 2, 2007 (Volume 72, Number 148)]
[Rules and Regulations]               
[Page 42306-42307]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02au07-9]                         

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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: Final rule.

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SUMMARY: The Coast Guard is changing 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 final rule will 
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: This rule is effective September 4, 2007.

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 CGD05-07-025 and are available for inspection or 
copying at Commander (dpb), Fifth Coast Guard District, Federal 
Building, 1st Floor, 431 Crawford Street, Portsmouth, VA 23704-5004 
between 8 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays. The Fifth Coast Guard District maintains the public docket 
for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Waverly W. Gregory, Jr., Bridge 
Administrator, Fifth Coast Guard District, at (757) 398-6222.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    On April 5, 2007, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulations; Wicomico River 
(North Prong), Salisbury, MD'' in the  Federal Register (72 FR 16752). 
We received no comments on the proposed rule. No public meeting was 
requested, and none was held.

Background and Purpose

    The State Highway Administration (SHA), a division under MDOT, is 
responsible for the operation of both the Main Street and U.S. 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 U.S. 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 given 
year-round by calling the contact telephone number at (410) 430-7561.

Discussion of Comments and Changes

    The Coast Guard did not receive any comments on the NPRM. 
Therefore, no changes were made to the final rule.

Discussion of Rule

    The Coast Guard is amending 33 CFR 117.579, which governs the Main 
Street and U.S. 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 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).
    This conclusion is based on the fact that these changes have only a 
minimal impact on maritime traffic transiting the bridges. 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 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 
would not have a significant economic impact on a substantial number of 
small entities.
    This conclusion is based on the fact the 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.

[[Page 42307]]

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 rule so that they can better evaluate 
its effects on them and participate in the rulemaking process. No 
assistance was requested from any small entity.

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 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 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 effect 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, 
eliminates 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 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 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 Commandant Instruction M16475.1D 
and Department of Homeland Security Management Directive 5100.1, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
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, this rule is categorically excluded, under figure 2-1, 
paragraph (32)(e) of the Instruction, from further environmental 
documentation because it has been determined that the promulgation of 
operating regulations for drawbridges are categorically excluded.

List of Subjects in 33 CFR Part 117

    Bridges.

0
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; 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.

0
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: July 24, 2007.
Fred M. Rosa, Jr.,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard 
District.
 [FR Doc. E7-14936 Filed 8-1-07; 8:45 am]

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