[Federal Register Volume 79, Number 103 (Thursday, May 29, 2014)]
[Rules and Regulations]
[Pages 30727-30728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-12374]



[[Page 30727]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-0972]
RIN 1625-AA09


Drawbridge Operation Regulation; Bush River, Perryman, MD

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is modifying the operating schedule that 
governs the Amtrak Bridge, at mile 6.8 over Bush River, at Perryman, 
MD. The rule updates the language of the regulation to reflect the 
intent of the original schedule and change the interim rule as final.

DATES: This rule is effective June 30, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0972. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 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 final 
rule, call or email Mr. Jim Rousseau, Bridge Management Specialist, 
Coast Guard, telephone (757) 398-6557, email 
[email protected]. If you have questions on reviewing the 
docket, call Cheryl Collins, Program Manager, Docket Operations, (202) 
366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section Symbol
U.S.C. United States Code

A. Regulatory History and Information

    On May 1, 1985, an interim rule was published (50 FR 18480) that 
changed the operating schedule of the Amtrak Bridge, at mile 6.8 over 
Bush River, at Perryman, MD. The comment period for this interim rule 
ended on June 14, 1985 and records indicate that no comments were 
received. The interim rule was never finalized and the proposed 
modification to the rule has remained in effect. Because the length of 
time the interim rule has been in effect, the Coast Guard opened a new 
comment period.
    On February 14, 2014, the Coast Guard published a NPRM titled 
Drawbridge Operation Regulation; Bush River, Perryman, MD in the FR (79 
FR 8911). The Coast Guard received no comments on the proposed rule. No 
public meeting was requested, and none was held.
    The interim operating regulation, in 33 CFR 117.547, required the 
bridge to open twice a day on the weekends during the summer boating 
season and on one weekend in October. However, it failed to clarify 
that the bridge would remain closed to navigation at all other times, 
which was the intent of the bridge owner and how the bridge has 
operated since 1985. As the interim regulation was written, the bridge 
was actually required to open on demand at all other times; which was 
impractical given that the bridge is part of a high speed rail line and 
requires a maintenance crew of ten to physically open to navigation.

B. Basis and Purpose

    The Amtrak Bridge is a single-leaf bascule bridge with a vertical 
clearance of approximately 12 feet above mean high water in the closed 
position. Due to the overhead power lines, the bridge has a vertical 
clearance of approximately 34 feet above mean high water in the open 
position.
    The Amtrak Bridge had operated under the interim rule for over 28 
years with little to no disagreements between the bridge owner, the 
waterway users, and local marinas. However, in 2011 Amtrak approached 
the Coast Guard with an issue on how they were receiving requests to 
open the bridge from the waterway users. As the Coast Guard reviewed 
the regulation in 33 CFR 117.547 the difference between the actual 
language and the intent of the regulation, identified in paragraph A, 
was brought to light. The Coast Guard proposed to modify the existing 
regulations for the Amtrak Bridge to clarify the original language and 
intent of the regulation.
    The Coast Guard has reviewed and discussed the original and 
perceived intent of the current regulation with Amtrak and local 
waterway users. Based on the information provided, the final rule will 
correct the current language discrepancy in the regulation but have no 
impacts on current vessel or train traffic.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard received no comments in response to the notice of 
proposed rulemaking. As a result, no changes have been made to this 
final rule.

D. Regulatory Analyses

    The Coast Guard developed this rule after considering numerous 
statutes and executive orders related to rulemaking. Below Coast Gaurd 
summarize our analyses based on these statutes or executive orders

1. 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 Order 12866 or under 
section 1 of Executive Order 13563. The Office of Management and Budget 
has not reviewed it under those Orders. This change is expected to have 
no impact on mariners and no anticipated change to vessel and train 
traffic.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 received no comments from the Small Business 
Administration on this rule. 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 action will not have a significant economic impact on a 
substantial number of small entities for the following reasons. Vessel 
requests requiring openings for the past years have been based on the 
final regulation intent of only opening during May through October 
after coordination with Amtrak. Vessels that can safely transit under 
the bridge may do so at any time.

3. 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).

[[Page 30728]]

4. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. The Coast Guard have analyzed this rule under that Order 
and have determined that it does not have implications for federalism.

5. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

6. 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 expenditure, Coast Guard do discuss the effects of this rule 
elsewhere in this preamble.

7. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

8. 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.

9. Protection of Children

    The Coast Guard 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 
does not create an environmental risk to health or risk to safety that 
might disproportionately affect children.

10. 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.

11. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

12. Technical Standards

    This rule does not use technical standards. Therefore, Coast Guard 
did not consider the use of voluntary consensus standards.

13. Environment

    Coast Guard 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 involves the change to the operating 
schedule for the S37 Barnegat Bay Bridge in order to accommodate 
necessary repair. 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. Revise Sec.  117.547, to read as follows:


Sec.  117.547  Bush River.

    The draw of the Amtrak Bridge, mile 6.8 at Perryman, shall operate 
as follows:
    (a) Shall open twice a day from May 1 through October 31, on 
Saturdays, Sundays, and Federal holidays that fall on a Friday or a 
Monday, when a proper request has been received.
    (b) Request for an opening is given to the Amtrak Assistant 
Division Engineer at 410-642-1588 and or email at 
[email protected] by an authorized representative of the 
Bush River Yacht Club no later than noon on the Friday just preceding 
the day of opening or, if that Friday is a Federal holiday, no later 
than noon on the preceding Thursday.
    (c) Amtrak determines the times for openings and shall schedule the 
times:
    (1) During daylight hours, six to ten hours apart; and
    (2) One opening before noon and one after noon.
    (3) In emergent situations after notification is given to the 
numbers indicated in paragraph (b) of this section it can take up to 
six hours for the bridge to open.
    (d) Amtrak shall notify a representative of the Bush River Yacht 
Club of the times of all openings for the weekend (or extended weekend) 
in question no later than 6 p.m., on the Friday just preceding the 
weekend or, if that Friday is a Federal holiday, no later than 6 p.m., 
on the preceding Thursday.
    (e) Each opening shall be of sufficient duration to pass waiting 
vessels.
    (f) At all other times the draw need not open for the passage of 
vessels.

    Dated: May 16, 2014.
Stephen P. Metruck,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2014-12374 Filed 5-28-14; 8:45 am]
BILLING CODE 9110-04-P