[Federal Register Volume 76, Number 203 (Thursday, October 20, 2011)]
[Rules and Regulations]
[Pages 65118-65120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27128]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2011-0816]
RIN 1625-AA09


Drawbridge Operation Regulation; Bear Creek, Sparrows Point, MD

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is canceling a portion of an existing 
drawbridge operation regulation. The Baltimore County Revenue Authority 
(Dundalk Avenue) highway toll drawbridge across Bear Creek, mile 1.5, 
Sparrows Point, MD was replaced with a fixed bridge in 1998. Therefore, 
that portion of the operating regulation, as it pertains to the Dundalk 
Avenue highway toll drawbridge, is no longer applicable or necessary.

DATES: This rule is effective October 20, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket USCG-2011-0816 and are available by 
going to http://www.regulations.gov, inserting USCG-2011-0816 in the 
``Keyword'' box, and then 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 or e-mail Lindsey Middleton, Coast Guard; telephone 757-398-6629, 
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 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

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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 the Baltimore 
County Revenue Authority (Dundalk Avenue) highway toll draw bridge 
requiring draw operations, as specified in 33 CFR 117.543(a), was 
removed and replaced with a fixed bridge in 1998. That portion of the 
regulation has not been enforced since the replacement of the bridge, 
approximately thirteen years ago. The regulations governing the bridge, 
which is no longer a drawbridge, are no longer applicable and shall be 
removed from this section. It is unnecessary to publish an NPRM as this 
regulation cancels a regulation that has no further practical value. It 
is further unnecessary to publish an NPRM because operators transiting 
this portion of the waterway are aware that the bridge is now a fixed 
bridge. And, it is unnecessary to publish an NPRM because this 
regulation does not purport to place any restriction on mariners but 
rather removes a restriction that has no further applicability.
    Under 5 U.S.C. 553(d)(1), a rule that relieves a restriction is not 
required to provide the 30 day notice period before its effective date. 
This rule removes the Baltimore County Revenue Authority (Dundalk 
Avenue) highway toll draw operation requirements under 33 CFR 
117.543(a), thus removing a regulatory restriction on the public. 
Additionally, 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. The bridge has been a fixed bridge 
for the past 13 years; this rule merely requires an administrative 
change to the Federal Register, in order to omit a regulatory 
requirement that is no longer applicable or necessary.

Basis and Purpose

    The drawbridge across Bear Creek, mile 1.5 was removed and replaced 
with a fixed bridge in 1998. Prior to 1998, a regulation was necessary 
to govern the operation of the openings of the drawbridge. After 1998, 
because the bridge can no longer be opened, there became no need for a 
regulation governing openings. It has come to the attention of the 
Coast Guard that the regulation was never updated subsequent to the 
completion of the fixed bridge. Therefore, this regulation seeks to 
alter the original regulation, to remove that portion which does not 
have present applicability due to the present capabilities of the 
bridge. The elimination of this drawbridge necessitates the 
modification of the Baltimore County Revenue Authority (Dundalk Avenue) 
highway toll drawbridge operation regulation.
    The regulation governing the operation of the bridge is found in 33 
CFR 117.543(a). The purpose of this rule is to remove the portion of 33 
CFR 117.543(a) that refers to the Baltimore County Revenue Authority 
(Dundalk Avenue) highway toll bridge at mile 1.5, from the Code of 
Federal Regulations since it governs a bridge that is no longer able to 
be opened.
    The regulation found at 33 CFR 117.543 also governs the Peninsula 
Parkway Bridge, mile 2.1, and the Wise Avenue Bridge, mile 3.4. This 
Final Rule shall not alter the operating regulations in place at 33 CFR 
117.543 for the Peninsula Parkway Bridge and the Wise Avenue Bridge. 
This rule shall only remove that verbiage regulating the Dundalk Avenue 
Bridge.

Discussion of Rule

    The Coast Guard is changing the regulation in 33 CFR 117.543 by 
removing the restrictions and the regulatory burden related to the draw 
operations for this bridge which is no longer a drawbridge. The change 
removes the portion of the regulation governing the Baltimore County 
Revenue Authority (Dundalk Avenue) highway toll bridge because the 
bridge has been replaced with a fixed bridge. The replacement took 
place in 1998, approximately thirteen years ago. This Final Rule seeks 
to update the Code of Federal Regulations by removing language that 
regulates signaling and notice requirements for the opening of a bridge 
that, in fact, can no longer open. This change does not affect vessel 
operators using the waterway. This change does not affect nor does it 
alter those portions of 33 CFR 117.543 dealing with the Peninsula 
Parkway Bridge and the Wise Avenue Bridge.

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, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory 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.
    The Coast Guard does not consider this rule to be ``significant'' 
under that Order because it is an administrative change and does not 
affect the way vessels operate on the waterway.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considers whether this final rule will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include (1) small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and (2) governmental jurisdictions with populations of less 
than 50,000.
    Since this drawbridge has been removed and replaced with a fixed 
bridge, the regulation governing draw operations for this bridge is no 
longer needed. There is no new restriction or regulation being imposed 
by this rule; therefore, 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 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 cause a taking of private property or otherwise 
have

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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, 
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 rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does 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.
    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.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 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 because this rule affects 
the promulgation of operating regulations or procedures for 
drawbridges.

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. Revise paragraph (a) of Sec.  117.543 to read as follows:


Sec.  117.543  Bear Creek.

    (a) The draw of the Peninsula Parkway Bridge, mile 2.1, between 
Dundalk and Sparrows Point, shall open on signal; except that, from 
April 16 through November 15 from 12 midnight to 8 a.m. except 
Saturdays and Sundays, and Federal and State holidays, at least one 
half hour notice is required.
* * * * *

    October 5, 2011.
William D. Lee,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2011-27128 Filed 10-19-11; 8:45 am]
BILLING CODE 9110-04-P