Drawbridge Operation Regulation; Bear Creek, Sparrows Point, MD, 65118-65120 [2011-27128]
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65118
Federal Register / Vol. 76, No. 203 / Thursday, October 20, 2011 / Rules and Regulations
Clearinghouse relating to an application
filed with the Secretary of
Transportation pursuant to 49 U.S.C.
44718 shall be forwarded to the
Clearinghouse by the DoD Component
except when that DoD Component has
been designated by the Clearinghouse to
engage in discussions with the entity
making the inquiry.
(b) A request for informal DoD review
or any other inquiry related to matters
covered by this part and received by a
DoD Component other than the
Clearinghouse shall be forwarded to the
Clearinghouse by that Component
except when that DoD Component has
been designated by the Clearinghouse to
engage in discussions with the entity
making the request.
pmangrum on DSK29S0YB1PROD with RULES
§ 211.9
Mitigation Options.
(a) In discussing mitigation to avoid
an unacceptable risk to the national
security of the United States, the DoD
Components designated to discuss
mitigation with an applicant or
requester shall, as appropriate and as
time allows, analyze the following types
of DoD mitigation to determine if they
identify feasible and affordable actions
that may be taken to mitigate adverse
impacts of projects on military
operations and readiness:
(1) Modifications to military
operations.
(2) Modifications to radars or other
items of military equipment.
(3) Modifications to military test and
evaluation activities, military training
routes, or military training procedures.
(4) Providing upgrades or
modifications to existing systems or
procedures.
(5) The acquisition of new systems by
the DoD and other departments and
agencies of the Federal Government.
(b) In discussing mitigation to avoid
an unacceptable risk to the national
security of the United States, the
applicant or requester, as the case may
be, should consider the following
possible actions:
(1) Modification of the proposed
structure, operating characteristics, or
the equipment in the proposed project.
(2) Changing the location of the
proposed project.
(3) Providing a voluntary contribution
of funds to offset the cost of measures
undertaken by the Secretary of Defense
to mitigate adverse impacts of the
project on military operations and
readiness.
officer shall submit to the congressional
defense committees a report on such
determination and the basis for such
determination.
(b) Such a report shall include—
(1) An explanation of the operational
impact that led to the determination.
(2) A discussion of the mitigation
options considered.
(3) An explanation of why the
mitigation options were not feasible or
did not resolve the conflict.
Subpart D—Communications and
Outreach
§ 211.11 Communications With the
Clearinghouse.
All communications to the
Clearinghouse by applicants, requesters,
or members of the public should be
addressed to:
Executive Director, DoD Siting
Clearinghouse, Office of the Deputy
Under Secretary of Defense
(Installations and Environment), Room
5C646, 3400 Defense Pentagon,
Washington, DC 20301–3400 or to such
internet address as the Clearinghouse
may provide.
§ 211.12
Public Outreach.
(a) The DoD shall establish a Web site
accessible to the public that—
(1) Lists the applications and requests
for informal review the DoD is currently
considering.
(2) Identifies the stage of the action,
e.g., preliminary review, referred for
mitigation discussions, determined to be
an unacceptable risk.
(3) Indicates how the public may
provide comments.
(b) The Clearinghouse shall publish a
handbook to provide applicants,
requesters, and members of the public
with necessary information to assist
them in participating in the Mission
Compatibility Evaluation Process.
Dated: October 12, 2011.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. 2011–26987 Filed 10–19–11; 8:45 am]
BILLING CODE 5001–06–P
(a) Not later than 30 days after making
a determination of unacceptable risk
pursuant to section 211.6, the senior
14:45 Oct 19, 2011
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Coast Guard
33 CFR Part 117
[Docket No. USCG–2011–0816]
RIN 1625–AA09
Drawbridge Operation Regulation;
Bear Creek, Sparrows Point, MD
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Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
§ 211.10 Reporting Determinations to
Congress.
VerDate Mar<15>2010
DEPARTMENT OF HOMELAND
SECURITY
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.
SUMMARY:
DATES:
This rule is effective October 20,
2011.
Documents indicated in this
preamble as being available in the
docket, are part of docket USCG–2011–
0816 and are available by going to
https://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
Lindsey.R.Middleton@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
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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pmangrum on DSK29S0YB1PROD with RULES
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
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14:45 Oct 19, 2011
Jkt 226001
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
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65119
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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65120
Federal Register / Vol. 76, No. 203 / Thursday, October 20, 2011 / Rules and Regulations
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.
pmangrum on DSK29S0YB1PROD with RULES
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
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14:45 Oct 19, 2011
Jkt 226001
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.
DEPARTMENT OF HOMELAND
SECURITY
Environment
Drawbridge Operation Regulation;
Islais Creek, San Francisco, CA
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
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. Revise paragraph (a) of § 117.543 to
read as follows:
■
§ 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
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Coast Guard
33 CFR Part 117
[Docket No. USCG–2011–0962]
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
The Commander, Eleventh
Coast Guard District, has issued a
temporary deviation from the regulation
governing the operation of the Third
Street Drawbridge across Islais Creek,
mile 0.4, at San Francisco, CA. The
deviation is necessary to allow the City
of San Francisco to make emergency
electrical repairs on the bridge. This
deviation allows the bridge to be
secured in the closed-to-navigation
position during the deviation period.
DATES: This deviation is effective from
8 a.m. on October 3, 2011 to 6 p.m. on
November 18, 2011.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of the docket USCG–
2011–0962 and are available online by
going to https://www.regulations.gov,
inserting USCG–2011–0962 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 rule, call or
e-mail David H. Sulouff, Chief, Bridge
Section, Eleventh Coast Guard District;
telephone 510–437–3516, e-mail
David.H.Sulouff@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: The City
of San Francisco requested a temporary
change to the operation of the Third
Street Drawbridge, mile 0.4, over Islais
Creek, at San Francisco, CA. The
drawbridge navigation span provides a
vertical clearance of 4 feet above Mean
High Water in the closed-to-navigation
position. As required by 33 CFR
117.163(b), the draw shall open on
signal if at least 72 hours advance notice
is given to the San Francisco
SUMMARY:
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Agencies
[Federal Register Volume 76, Number 203 (Thursday, October 20, 2011)]
[Rules and Regulations]
[Pages 65118-65120]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27128]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://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 Lindsey.R.Middleton@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 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
[[Page 65119]]
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
[[Page 65120]]
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