[Federal Register Volume 69, Number 209 (Friday, October 29, 2004)]
[Rules and Regulations]
[Pages 63064-63066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24254]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD05-04-052]
RIN 1625-AA09


Drawbridge Operation Regulation; Spa Creek, Annapolis, MD

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the regulations that govern the 
operation of the S181 Bridge, mile 0.4, across Spa Creek, at Annapolis, 
Maryland. These regulations are necessary to facilitate public safety 
and expedite vehicular traffic from the City of Annapolis after the 
annual firework display. This change to the drawbridge operation 
schedule will allow the S181 Bridge to remain in the closed position 
from 8:30 p.m. to 11 p.m. on July 4th, of every year. In the event of 
inclement weather, the alternate date is July 5th.

DATES: This rule is effective: November 29, 2004.

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 CGD05-04-052 and are available for inspection or 
copying at the Commander (obr), Fifth Coast Guard District, Federal 
Building, 4th Floor, 431 Crawford Street, Portsmouth, Virginia 23704-
5004, between 8 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Gary S. Heyer, Bridge Management 
Specialist, Fifth Coast Guard District, at (757) 398-6227.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On May 17, 2004, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulations; Spa Creek, 
Annapolis, MD'' in the Federal Register (69 FR 27870). We received no 
comments on the proposed rule. No public meeting was requested or held.

Background and Purpose

    The City of Annapolis Recreation and Parks Department (the 
Department) on behalf of Maryland Department of Transportation, who 
owns and operates the S181 Bridge, requested a change to the operating 
regulations set out in 33 CFR 117.571.
    In accordance with 33 117.37(a) for reason of public safety or for 
public functions, the District Commander may authorize the opening and 
closing of a drawbridge for a specified period of time.
    Due to the high volume of spectators that attend this annual event, 
it is necessary to close the draw span to vessels between the hours of 
8:30 p.m. to 11 p.m. to help expedite exiting vehicular traffic from 
the City of Annapolis after the fireworks display. This will reduce 
vehicular traffic congestion and increase public safety.
    Under this rule, the S181 Bridge will be allowed to remain in the 
closed position to vessels from 8:30 p.m. to 11 p.m. on July 4th, of 
every year. In the event of inclement weather, the alternate date is 
July 5th.
    Since the Annapolis Fireworks Display is a well-known annual event, 
and it is publicly advertised, vessel operators can arrange their 
transits to minimize any impact caused by the closure. Vessels with a 
mast height less than 15 feet at high water can still

[[Page 63065]]

transit the bridge in the closed position during this event.

Discussion of Comments and Changes

    The Coast Guard received no comments on the NPRM for the Spa Creek 
Bridge and no changes are being made to this final rule.

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).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary.
    This conclusion was based on the fact that this final rule will 
have a very limited impact on maritime traffic transiting this area. 
Since Spa Creek will remain open to navigation during this event, 
mariners with mast height less than 15 feet may still transit through 
the S181 Bridge.

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 final rule will not have a significant economic impact on a 
substantial number of small entities because even though the rule 
closes the S181 Bridge to mariners, those with mast height of less than 
the 15 feet at high water can still transit through the bridge during 
the closed hours. There are no alternate routes.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), 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. No 
assistance was asked for, or given to assist Small Entities.

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 final 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 final rule will not result in such expenditure, 
we do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This 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 final rule meets applicable standards in section 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 final 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 final 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 final 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.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 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.

List of Subjects in 33 CFR Part 117

    Bridges.

[[Page 63066]]

Regulations

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. Amend Sec.  117.571 by revising paragraph (c) to read as follows:


Sec.  117.571  Spa Creek.

* * * * *
    (c) On Saturdays, Sundays, and holidays year-round, the draw shall 
open on the hour and half-hour for vessels waiting to pass. Except on 
July 4th of every year from 8:30 p.m. to 11 p.m., the draw need not 
open for vessels, and in the event of inclement weather, the alternate 
date is July 5th.

    Dated: October 18, 2004.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 04-24254 Filed 10-28-04; 8:45 am]
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