Drawbridge Operation Regulations: Isle of Wight Bay (Sinepuxent Bay), Ocean City, MD, 63156-63158 [E7-21882]
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Federal Register / Vol. 72, No. 216 / Thursday, November 8, 2007 / Proposed Rules
• The suspension is in the interest of
National security or defense (see
§ 250.173(b)).
• When you are prevented from
drilling or other operations for reasons
beyond your control (see § 250.175(a)).
• When additional time is needed for
potentially drilling under salt sheets
(see § 250.175(b)).
• When additional time is needed to
potentially drill ultra-deep wells (see
§ 250.175(c)).
Suspensions have been limited
because lease maintenance is a very
critical issue to the operator and also to
MMS. Leases expire at the end of their
primary term unless operations
(drilling, well re-working, or production
in paying quantities) are being
conducted. Under current regulations,
only these operations or a suspension
will extend the term of a lease. Unless
the suspension program is properly
designed, it could delay the overall
development of Outer Continental Shelf
(OCS) hydrocarbon resources. The
existence of many deepwater units
further complicates the issue because
units are comprised of multiple leases.
Lastly, this proposed type of suspension
may be regarded as harmful by
associated businesses as it may
postpone drilling and associated
operations.
rwilkins on PROD1PC63 with PROPOSALS
Discussion
The MMS has modified regulations
governing suspensions in the past to
reflect technological challenges, i.e.,
complexities of geophysical imaging
under salt sheets and at extreme depths.
However, the regulations do not allow
for the granting of a SOP or SOO based
on time needed to develop technology.
The MMS will consider proposing a rule
that would allow a SOO to provide
additional time for the technological
improvement of existing surface and
wellbore equipment to promote safety
and protect the environment when High
Pressure (HP) or High Temperature (HT)
beyond the capability of existing
equipment has been encountered on the
lease.
Technology Suspension
The MMS has been approached by
companies that have drilled wells, made
discoveries, but have encountered HT/
HP conditions that create technological
challenges for drilling additional wells
or forming a development plan. The
concept would be to allow a suspension
to address these challenges.
Questions industry presenters should
address:
1. Is this concept warranted? Why?
2. How would MMS define
‘‘technological challenge’’ that would
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make one eligible for such a
suspension?
3. What other eligibility criteria
should be considered?
4. What would tangible/observable
milestones be for technology
development related to a lease?
5. How long should such a suspension
last, and should it be renewable?
Presentations and Written Comments
The MMS has not decided whether
technology suspensions are warranted.
This workshop is being held to provide
industry with an opportunity to provide
the necessary facts (pros and cons) that
MMS should consider in making a
determination on whether or not to
propose such a rule. Therefore, we
expect industry to play a major role in
this workshop. Requests by parties
interested in making a formal
presentation at the workshop should be
accompanied by a summary of the
material to be covered by the
presentation and an estimate of the
amount of time required. If time
constraints dictate, a time limit may be
placed on individual presentations.
Please address requests to make a
presentation to Carole Danos. Requests
must be received by close of business on
December 7, 2007. Approved presenters
will be notified prior to the workshop.
A final agenda will be posted by
December 21, 2007, on the MMS Web
site at https://www.gomr.mms.gov/
homepg/new/calendr.html. The MMS
encourages written comments
responding to this notice or the
workshop discussions.
DATES: You may submit written
comments by February 22, 2008. The
MMS may not fully consider comments
received after this date.
ADDRESSES: You may submit comments
on this concept by any of the following
methods. Please use ‘‘Technology
Suspension’’ as the heading for your
comments.
• Federal eRulemaking Portal: https://
www.regulations.gov, select ‘‘Minerals
Management Service’’ from the agency
drop-down menu, then click ‘‘submit.’’
In the Docket ID column, select MMS–
2007–OMM–0062 to submit public
comments and to view supporting and
related materials available for this
rulemaking. Information on using
Regulations.gov, including instructions
for accessing documents, submitting
comments, and viewing the docket after
the close of the comment period, is
available through the site’s ‘‘User Tips’’
link. All comments submitted will be
posted to the docket.
• Mail or hand-carry comments to the
Department of the Interior; Minerals
PO 00000
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Management Service; Attention:
Regulations and Standards Branch
(RSB); 381 Elden Street, MS–4024,
Herndon, Virginia 20170–4817. Please
reference ‘‘Technology Suspension’’ in
your comments and include your name
and return address.
Registration: There is no registration
fee for this workshop. However, to
assess the number of participants, MMS
requests participants to register with
Carole Danos at (504) 736–2675 or
carole.danos@mms.gov prior to the
meeting. The deadline to register is
January 11, 2008. Seating is limited and
the number of attendees from each
organization may have to be restricted.
Dated: November 2, 2007.
Chris C. Oynes,
Associate Director for Offshore Minerals
Management.
[FR Doc. E7–21895 Filed 11–7–07; 8:45 am]
BILLING CODE 4310–MR–P
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
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
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
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Federal Register / Vol. 72, No. 216 / Thursday, November 8, 2007 / Proposed Rules
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 81⁄2 by 11 inches,
suitable for copying. If you would like
confirmation to know if they were
received, please enclose a stamped, selfaddressed 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.
rwilkins on PROD1PC63 with PROPOSALS
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
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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
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63157
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.
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Federal Register / Vol. 72, No. 216 / Thursday, November 8, 2007 / Proposed Rules
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.
rwilkins on PROD1PC63 with PROPOSALS
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,
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Jkt 214001
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.
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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 § 117.559 as paragraph (a),
temporarily suspend newly designated
paragraph (a), and temporarily add
paragraph (b) to read as follows:
§ 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
E:\FR\FM\08NOP1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 216 (Thursday, November 8, 2007)]
[Proposed Rules]
[Pages 63156-63158]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-21882]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
