Federal Register / Vol. 76, No. 33 / Thursday, February 17, 2011 / Rules and Regulations 9225 

Under this temporary deviation the 

Lower Hack Bridge, across the 

Hackensack River at mile 3.4, may 

remain in the closed position from 

7 a.m. through 8 p.m. on February 19, 

2011, with a rain date of February 26, 

2011. Vessels that can pass under the 

bridge without a bridge opening may do 

so at all times. 

In accordance with 33 CFR 117.35(e), 

the bridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: February 4, 2011. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. 2011–3571 Filed 2–16–11; 8:45 am] 

BILLING CODE 9110–04–P 

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. 

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 

Bill.H.Brazier@uscg.mil. 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 


jlentini on DSKJ8SOYB1PROD with RULES
9226 Federal Register / Vol. 76, No. 33 / Thursday, February 17, 2011 / Rules and Regulations 

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. 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 76, No. 33 / Thursday, February 17, 2011 / Rules and Regulations 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 

■ 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. 

■ 2. From February 17, 2011 to 

November 30, 2011, suspend § 117.557, 

and add § 117.558, to read as follows: 

§ 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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0018] 

RIN 1625–AA00 

Safety Zone; Havasu Landing Regatta, 

Colorado River, Lake Havasu Landing, 

CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

Lake Havasu, California in support of 

the Havasu Landing Regatta. This 

temporary safety zone is necessary to 

provide for the safety of the 

participants, crew, spectators, 

participating vessels, and other vessels 

and users of the waterway. Persons and 

vessels are prohibited from entering 

into, transiting through, or anchoring 

within this safety zone unless 

authorized by the Captain of the Port, or 

his designated representative. 

DATES: This rule is effective from 8 a.m. 

on February 19, 2011, to 4 p.m. on 

February 20, 2011. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2011– 

0018 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2011–0018 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are 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 temporary 

rule, call or e-mail Petty Officer Shane 

Jackson, Waterways Management, U.S. 

Coast Guard Sector San Diego; Coast 

Guard; telephone 619–278–7267, e-mail 

Shane.E.Jackson@uscg.mil. 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)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because doing 

so would be impracticable. The 

logistical details of the race were neither 

finalized nor presented to the Coast 

Guard with enough forewarning to draft 

and publish an NPRM. As such, the 

event will occur before the rulemaking 

process could be completed. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date 

would be contrary to the public interest, 

since immediate action is needed to 

ensure public safety. 

Background and Purpose 

We are establishing this temporary 

safety zone in support of the Havasu 

Landing Regatta, a marine event that 

includes vessels racing along an 

established and marked course on Lake 

Havasu, CA. A temporary safety zone is 

necessary to provide for the safety of the 

crews, spectators, and participants of 

the race and is also necessary to protect 

other vessels and users of the waterway. 

Discussion of Rule 

The Coast Guard is establishing a 

safety zone that will be enforced from 

8 a.m. to 4 p.m. on Saturday, February 

19, and Sunday, February 20, 2011. The 

limits of this safety zone are as follows: 

From the California shoreline in 


jlentini on DSKJ8SOYB1PROD with RULES