[Federal Register Volume 76, Number 33 (Thursday, February 17, 2011)]
[Rules and Regulations]
[Pages 9225-9227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3572]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2010-1103]
RIN 1625-AA09
Drawbridge Operation Regulation; Curtis Creek, Baltimore, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is temporarily changing the drawbridge
operation regulations of the Pennington Avenue Bridge, across Curtis
Creek, mile 0.9, at Baltimore, MD. This temporary change allows the
bridge to operate on a restricted schedule to complete structural
repairs and replacement of the grid deck, floor beams and stringers.
DATES: This temporary final rule is effective from 6 a.m. on February
17, 2011 to 11:59 p.m. on November 30, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket USCG-2010-1103 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-1103 in the
``Keyword'' box, and clicking ``Search.'' This material is also
available for inspection or copying at the 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,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call Bill H. Brazier, Bridge Management Specialist, Fifth Coast Guard
District; telephone 757-398-6422, e-mail [email protected]. If
you have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because after the current repair project
began extensive additional repairs and replacements were identified.
This additional work will require additional time to complete. The
corresponding request to revise the operating schedule for this
temporary final rule also required extensive coordination with the
known affected marine facilities (i.e., the Coast Guard Yard and the U
S. Army Reserve Unit), the City of Baltimore, MD, and the contractor so
that necessary repairs can continue to the Pennington Avenue Bridge.
The timing of the discovery of the additional repairs and replacements
combined with the length of time to coordinate with the affected
parties makes it impractical to publish an NPRM and still continue the
work as scheduled. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that
good cause exists for making this rule effective in less than 30 days
after publication in the Federal Register for the same reasons stated
in the preceding paragraph.
Basis and Purpose
The City of Baltimore, MD, who owns and operates this double-leaf
bascule drawbridge, has requested a temporary change from the current
general operating regulation set out in 33 CFR 117.5 that requires the
bridge to open promptly and fully for the passage of vessels when a
request to open is given, to complete structural repairs.
The Pennington Avenue Bridge has a vertical clearance in the closed
position to vessels of 38 feet, above mean high water. Regular users of
the waterway consist of Coast Guard vessels bound for the Coast Guard
Yard at Curtis Bay, as well as a significant amount of commercial
vessels that pass through the bridge.
On August 17, 2010, we published a notice of temporary deviation
from regulation entitled ``Drawbridge Operation Regulations; Curtis
Creek, Baltimore, MD'' in the Federal Register (74 FR 50707). The
temporary deviation allowed the bridge to operate on a restricted
schedule to facilitate structural repairs from August 5, 2010 to
December 1, 2010.
During completion of structural repairs, the drawbridge with four
lift spans will provide full and partial openings of the spans for
vessels on several dates and times from February 17, 2011 to November
30, 2011. During the replacement of the grid deck, floor beams and
stringers, the drawbridge will be maintained in closed position to
vessels to include immobilizing half of the draw spans to single-leaf
operation.
Discussion of Rule
The Coast Guard is temporarily amending 33 CFR 117.557 by inserting
new paragraphs (a) and (b).
Paragraph (a) will contain the temporary rule for the Pennington
Avenue Bridge at mile 0.9 in Baltimore, MD. The rule will allow the
draw of the bridge to operate as follows: (1) Need not open from 6 a.m.
on February 17, 2011 to 11:59 p.m. on January 20, 2011; except, vessel
openings shall be provided on signal if at least two hours advance
notice is given; (2) Single-leaf operation on the southeast side span
from 11:59 p.m. on January 20, 2011 to 11:59 p.m. on February 12, 2011.
The opposite connecting spans on the north side while not under repair
shall continue to open on signal for vessels; (3) Need not open from
11:59 p.m. on February 12, 2011 to 11:59 p.m. on March 6, 2011; except,
vessel openings shall be provided on signal if at least two hours
advance notice is given; (4) Single-leaf operation on the southwest
side span from 11:59 p.m. on March 6, 2011 to 11:59 p.m. on March 28,
2011. The opposite connecting spans on the north side while not under
repair shall continue to open on signal for vessels; (5) Need not open
from 11:59 p.m. on March 28, 2011 to 11:59 p.m. on November 30, 2011;
except, vessel openings shall be provided on signal if at least two
hours advance notice is given.
Paragraph (b) will contain the existing regulations for the I695
Bridge, mile 1.0, at Baltimore, MD.
The temporary regulation will not significantly disrupt vessel
traffic since
[[Page 9226]]
mariners may still transit the bridge with full and partial openings of
the draw spans for vessels on several dates and times.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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.
We expect the economic impact of this temporary rule to be so
minimal that a full Regulatory Evaluation is unnecessary. We reached
this conclusion based on the fact that the temporary changes have only
a minimal impact on maritime traffic transiting the bridge. Mariners
can still plan their trips in accordance with the scheduled bridge
openings, and to minimize delays, vessels that can pass under the
bridge without a bridge opening may do so at all times.
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 rule will affect the following entities, some of which may be
small entities: Commercial users and unexpected users of the waterway
intending to transit the drawbridge on signal. This action will not
have a significant economic impact on a substantial number of small
entities for the following reasons. Mariners can plan their trips in
accordance with the scheduled bridge openings, to minimize delays and
vessels that can pass under the bridge without a bridge opening may do
so at all times.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process. Small
businesses may send comments on the actions of Federal employees who
enforce, or otherwise determine compliance with, Federal regulations to
the Small Business and Agriculture Regulatory Enforcement Ombudsman and
the Regional Small Business Regulatory Fairness Boards. The Ombudsman
evaluates these actions annually and rates each agency's responsiveness
to small business. If you wish to comment on actions by employees of
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). 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 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 (adjusted for
inflation) 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 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 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.
[[Page 9227]]
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 Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.1D, 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 this action is one of a category of actions which do not
individually or cumulatively have a significant effect on the human
environment. 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.
List of Subjects in 33 CFR Part 117
Bridges.
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; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
0
2. From February 17, 2011 to November 30, 2011, suspend Sec. 117.557,
and add Sec. 117.558, to read as follows:
Sec. 117.558 Curtis Creek.
(a) The draw of the Pennington Avenue Bridge, mile 0.9 at Baltimore
shall operate as follows:
(1) Need not open from 6 a.m. on February 17, 2011 to 11:59 p.m. on
January 20, 2011; except, vessel openings shall be provided on signal
if at least two hours advance notice is given;
(2) Single leaf operation on the southeast side span from 11:59
p.m. on January 20, 2011 to 11:59 p.m. on February 12, 2011. The
opposite connecting spans on the north side while not under repair
shall continue to open on signal for vessels;
(3) Need not open from 11:59 p.m. on February 12, 2011 to 11:59
p.m. on March 6, 2011; except, vessel openings shall be provided on
signal if at least two hours advance notice is given;
(4) Single leaf operation on the southwest side span starting from
11:59 p.m. on March 6, 2011 to 11:59 p.m. on March 28, 2011. The
opposite connecting spans on the north side while not under repair
shall continue to open on signal for vessels;
(5) Need not open from 11:59 p.m. on March 29, 2011 to 11:59 p.m.
on November 30, 2011; except, vessel openings will be provided on
signal if at least two hours advance notice is given.
(b) The draw of the I695 Bridge, mile 1.0 at Baltimore, shall open
on signal if at least a one-hour notice is given to the Maryland
Transportation Authority in Baltimore.
Dated: January 14, 2011.
William D. Lee
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2011-3572 Filed 2-16-11; 8:45 am]
BILLING CODE 9110-04-P