Drawbridge Operation Regulation; Isle of Wight (Sinepuxtent) Bay, Ocean City, MD, 18243-18245 [2014-07267]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 79, Number 62 (Tuesday, April 1, 2014)]
[Proposed Rules]
[Pages 18243-18245]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07267]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-1021]
RIN 1625-AA09


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to modify the operating schedule that 
governs the US 50 Bridge, over Isle of Wight (Sinepuxent) Bay, mile 
0.5, at Ocean City, MD. This proposal would revise the current closure 
times to accommodate heavy volumes of vehicular traffic following the 
annual July 4th fireworks show.

DATES: Comments and related material must reach the Coast Guard on or 
before May 16, 2014.

ADDRESSES: You may submit comments identified by docket number USCG-
2013-1021 using any one of the following methods:
    (1) Federal eRulemaking Portal: https://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: 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. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments. To avoid duplication, please use only one of these 
four methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Mrs. Traci Whitfield, Fifth Coast Guard District 
Bridge Administration Division, Coast Guard; telephone 757-398-6629, 
email traci.g.whitfield@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Cheryl Collins, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section Symbol
U.S.C. United States Code

A. Public Participation and Request for Comments

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

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
proposed rulemaking (USCG-2013-1021), 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 (https://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 https://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 email 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 https://www.regulations.gov, 
type the docket number [USCG-2013-1021] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking. 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.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to https://www.regulations.gov, 
type the docket number (USCG-2013-1021) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. 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.

3. 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

[[Page 18244]]

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).

4. 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.

B. Regulatory History and Information

    On November 14, 2011 we published a Final rule entitled Drawbridge 
Operation Regulations; Isle of Wight (Sinepuxent) Bay, Ocean City, MD 
in the Federal Register (76 FR 70346). This rule initially added dates 
and times that the bridge was allowed to remain in the closed position 
to accommodate heavy volumes of vehicular traffic due to the annual 
fireworks show on July 4th or July 5th should inclement weather 
prevents the event from taking place as planned.

C. Basis and Purpose

    The Ocean City Police Department, on behalf of the Maryland 
Department of Transportation, has requested to change the operating 
regulation for the US 50 Bridge across Isle of Wight (Sinepuxent) Bay, 
mile 0.5, at Ocean City, MD. To accommodate the annual Ocean City July 
4th fireworks show and the heavy volumes of vehicular traffic that 
transit across the drawbridge after the show, the Ocean City Police 
Department requested that the times be changed to remain in the closed 
position from 9:30 p.m. until 10:30 p.m., to 10:00 p.m. until 11:00 
p.m. Since the firework show runs between 9:30 p.m. and 10:00 p.m., 
there is very little traffic crossing the bridge. However, there 
remains a high volume of traffic between 10:30 p.m. and 11:00 p.m. This 
change will better reflect the actual time when the traffic is at its 
heaviest crossing the bridge. The exact date of the closure will be 
published locally in the Local Notice to Mariners and Broadcast Notice 
to Mariners.
    The vertical clearance of the bascule bridge is 13 feet above mean 
high water in the closed position and unlimited in the open position.

D. Discussion of Proposed Rule

    The Coast Guard proposes to change Sec.  117.559(c) from the bridge 
needing not to open from 9:30 p.m. to 10:30 p.m. to needing not to open 
from 10:00 p.m. to 11:00 p.m. This proposed change in the rule will 
allow for a more orderly process of transiting heavy volumes of 
vehicular traffic following the annual July 4th fireworks show.

E. Regulatory Analyses

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

1. 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, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Order 12866 or under 
section 1 of Executive Order 13563. The Office of Management and Budget 
has not reviewed it under those Orders.
    The changes are expected to have minimal impact on maritime traffic 
transiting the bridge. Mariners can plan their trips in accordance with 
the revised scheduled to minimize delays. Additionally, as mariners are 
familiar with this event because for the past 12 years the Coast Guard 
has allowed the bridge to remain in the closed position for it, a 
bridge closure should not be unexpected.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 through the bridge from 10:00 p.m. until 11:00 p.m., 
on July 4th or July 5th of every year. 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 and mariners who plan their transits in accordance with the 
scheduled bridge closure can minimize delay. A bridge closure has 
occurred every year for the past 12 years for this event; therefore, 
mariners should be familiar with planning their transits accordingly. 
Vessels that can safely transit under the bridge may do so at any time.

3. 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. 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 the person listed in the FOR FURTHER INFORMATION 
CONTACT, above. 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.

4. 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.).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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

[[Page 18245]]

expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

8. 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.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. 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 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. This proposed rule simply promulgates 
the operating regulations or procedures for drawbridges. 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. 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

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. Revise Sec.  117.559(c) to read as follows:


Sec.  117.559  Isle of Wight (Sinepuxent) Bay.

* * * * *
    (c) On July 4, the draw need not open from 10:00 p.m. until 11:00 
p.m. to accommodate the annual July 4th fireworks show. Should 
inclement weather prevent the fireworks event from taking place as 
planned, the draw need not open from 10:00 p.m. until 11:00 p.m. on 
July 5th to accommodate the annual July 4th fireworks show.

    Dated: March 20, 2014.
Steven H. Ratti,
Rear Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 2014-07267 Filed 3-31-14; 8:45 am]
BILLING CODE 9110-04-P