[Federal Register Volume 60, Number 119 (Wednesday, June 21, 1995)]
[Rules and Regulations]
[Pages 32266-32267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15230]



[[Page 32266]]

DEPARTMENT OF TRANSPORTATION

33 CFR Part 117

[CGD05-94-116]
RIN 2115-AE47


Drawbridge Operation Regulations; Wicomico River, Salisbury, MD

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the regulations governing the 
operation of the Main Street and the US 50 drawbridges across the North 
Prong of the Wicomico River, mile 22.4, in Salisbury, Maryland. This 
rule will extend the current rush hour restrictions by one hour in the 
morning and one hour in the afternoon, and require a three hour advance 
notice for commercial vessels needing a bridge opening during the hours 
of closure due to emergency situations. The existing 12 noon to 1 p.m. 
closure period will remain in effect. These changes to the drawbridge 
regulations are intended to reduce motor vehicle delays and congestion, 
while still providing for the reasonable needs of navigation.

EFFECTIVE DATE: This rule is effective on July 21, 1995.

FOR FURTHER INFORMATION CONTACT:
Ann B. Deaton, Bridge Administrator, Fifth Coast Guard District, at 
(804) 398-6222.

SUPPLEMENTARY INFORMATION:

Drafting Information

    The principal persons involved in drafting this document are Linda 
L. Gilliam, Project Manager, Bridge Section, and LCDR Christopher A. 
Abel, Project Counsel, Fifth Coast Guard District Legal Office.

Regulatory History

    On February 10, 1995, the Coast Guard published a notice of 
proposed rulemaking with request for comments entitled Wicomico River, 
Salisbury, Maryland, in the Federal Register (60 FR 7930). The comment 
period ended May 11, 1995. The Coast Guard received no comments on the 
proposed rule. The Commander, Fifth Coast Guard District, also 
published the proposed rule as a public notice on March 20, 1995, with 
the comment period ending May 11, 1995, and no comments were received 
as a result of this notice. A public hearing was not requested and one 
was not held.

Background and Purpose

    The State Highway Administration, Maryland Department of 
Transportation (MDOT), has requested that openings of the Main Street 
and US 50 drawbridges across the North Prong of the Wicomico River, 
mile 22.4, at Salisbury, Maryland, be further restricted during the 
morning and evening rush hours. This will help to reduce highway 
traffic congestion problems and relieve public safety and welfare 
concerns associated with frequent bridge openings caused by commercial 
boat traffic. Currently, these drawbridges open on signal except from 8 
a.m. to 9 a.m., 12 noon to 1 p.m., and 4:30 p.m. to 5:30 p.m., during 
which time both remain closed to navigation. This rule changes the 
hours of bridge closures to 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m. The 
existing 12 noon to 1 p.m. closure will remain the same. This rule also 
includes the provision that commercial vessels needing passage through 
the bridge during the hours of restriction will be required to give a 
three hour advance notice for a bridge opening. This advance notice 
requirement only applies to tugs and barges unable to reach the bridges 
except during the hours of closure due to severe inclement weather or 
other emergency or unforeseen circumstances.
    MDOT conducted an analysis of highway traffic and marine traffic 
data, along with a waterway user and property owner survey that was 
conducted in 1993. It revealed that the excessive drawbridge openings 
during the morning and evening hours were caused by commercial vessels 
from two waterfront companies located upstream of the drawbridges. 
Based on this information and the allowance of the three hour advance 
notice provision, the Coast Guard believes these regulations should not 
unduly restrict commercial vessel passage through the bridge since they 
can plan their vessel transits around the hours of restriction as well 
as take advantage of the three hour advance notice for bridge openings 
during the hours of restriction during inclement weather.

Regulatory Evaluation

    This final rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that order. It has been exempted from review by the Office of 
Management and Budget under that order. It is not significant under the 
regulatory policies and procedures of the Department of Transportation 
(DOT) (44 FR 11040, February 26, 1979). The Coast Guard expects the 
economic impact of this rule to be so minimal that a full Regulatory 
Evaluation under paragraph 10e of the regulatory policies and 
procedures of DOT is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
U.S. Coast Guard must consider whether this final rule will have a 
significant economic impact on a substantial number of small entities. 
``Small entities'' include independently owned and operated small 
businesses that are not dominant in their field and that otherwise 
qualify as ``small business concerns'' under section 3 of the Small 
Business Act (15 U.S.C. 632). Because it expects the impact of this 
rule to be minimal, the Coast Guard certifies under 5 U.S.C. 605(b) 
that this final rule will not have a significant economic impact on a 
substantial number of small entities.
Collection of Information

    This rule contains no collection of information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism Assessment

    The Coast Guard has analyzed this rule under the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that this rule will not have sufficient federalism implications to 
warrant preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under section 2.B.2.e. (32)(e) of Commandant 
Instruction M16475.1B (as amended, 59 FR 38654, 29 July 1994), this 
rule is categorically excluded from further environmental 
documentation. A Categorical Exclusion Determination statement and 
checklist have been prepared and placed in the rulemaking docket.

List of Subjects in 33 CFR Part 117

    Bridges.

Final Regulations

    In consideration of the foregoing, the Coast Guard is amending part 
117 of title 33, Code of Federal Regulations, 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; 49 CFR 1.46; 33 CFR 1.05-1(g); 
Sec. 117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.

    2. Section 117.579 is revised to read as follows: [[Page 32267]] 


Sec. 117.579  Wicomico River (North Prong).

    The draws of the Main Street and US 50 bridges, mile 22.4, 
Salisbury, Maryland shall 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.

    Dated: May 22, 1995.
W.J. Ecker,
Rear Admiral, Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 95-15230 Filed 6-20-95; 8:45 am]
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