[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 <a href="/cdn-cgi/l/email-protection#ca88a3a6a6e482e488b8abb0a3afb88abfb9a9ade4a7a3a6"><span class="__cf_email__" data-cfemail="75371c19195b3d5b3707140f1c100735000616125b181c19">[email protected]</span></a>. 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


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