Drawbridge Operation Regulation; Bear Creek, Dundalk, MD, 5201-5204 [2012-2283]
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Federal Register / Vol. 77, No. 22 / Thursday, February 2, 2012 / Proposed Rules
tkelley on DSK3SPTVN1PROD with PROPOSALS
Designation Authorization (ODA) that has
been authorized by the Manager, Seattle
ACO, to make those findings. For a repair
method to be approved, the repair must meet
the certification basis of the airplane, and the
approval must specifically refer to this AD.
(4) AMOCs approved previously in
accordance with AD 2007–23–18,
amendment 39–15266 (72 FR 65655,
November 23, 2007), are approved as AMOCs
for the corresponding requirements of
paragraphs (g), (h), and (i) of this AD.
environmental assessment by March 5,
2012.
ADDRESSES: Submit electronic
comments to https://
www.regulations.gov. Submit written
comments to the Division of Dockets
Management (HFA–305), Food and Drug
Administration, 5630 Fishers Lane, rm.
1061, Rockville, MD 20852.
FOR FURTHER INFORMATION CONTACT:
Celeste Johnston, Center for Food Safety
(t) Related Information
and Applied Nutrition (HFS–265), Food
and Drug Administration, 5100 Paint
(1) For more information about this AD,
Branch Pkwy., College Park, MD 20740–
contact Nathan Weigand, Aerospace
Engineer, Airframe Branch, ANM–120S,
3835, (240) 402–1282.
FAA, Seattle Aircraft Certification Office,
SUPPLEMENTARY INFORMATION: Under the
1601 Lind Avenue SW., Renton, Washington
Federal Food, Drug, and Cosmetic Act
98057–3356; phone: (425) 917–6428; fax:
(section 409(b)(5) (21 U.S.C. 348(b)(5))),
(425) 917–6590; email:
notice is given that a food additive
nathan.p.weigand@faa.gov.
petition (FAP 2A4785) has been filed by
(2) For service information identified in
this AD, contact Boeing Commercial
Ecolab, Inc., 370 North Wabasha St., St.
Airplanes, Attention: Data & Services
Paul, MN 55102–1390. The petition
Management, P.O. Box 3707, MC 2H–65,
proposes to amend the food additive
Seattle, Washington 98124–2207; telephone
regulations in 21 CFR part 173,
(206) 544–5000, extension 1; fax (206) 766–
Secondary Direct Food Additives
5680; email me.boecom@boeing.com; Internet
Permitted in Food for Human
https://www.myboeingfleet.com.
Consumption, to provide for the safe use
(3) You may review copies of the
of sodium dodecylbenzenesulfonate as
referenced service information at the FAA,
an antimicrobial agent in produce wash
Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, Washington. For
water without the requirement of a
information on the availability of this
potable water rinse.
material at the FAA, call (425) 227–1221.
The potential environmental impact
of this petition is being reviewed. To
Issued in Renton, Washington, on January
encourage public participation
12, 2012.
consistent with regulations issued under
Michael J. Kaszycki,
the National Environmental Policy Act
Acting Manager, Transport Airplane
(40 CFR 1501.4(b)), the Agency is
Directorate, Aircraft Certification Service.
placing the environmental assessment
[FR Doc. 2012–2301 Filed 2–1–12; 8:45 am]
submitted with the petition that is the
BILLING CODE 4910–13–P
subject of this notice on public display
at the Division of Dockets Management
(see DATES and ADDRESSES) for public
DEPARTMENT OF HEALTH AND
review and comment.
HUMAN SERVICES
Interested persons may submit to the
Division of Dockets Management (see
Food and Drug Administration
ADDRESSES) either electronic or written
comments regarding this document. It is
21 CFR Part 173
only necessary to send one set of
[Docket No. FDA–2011–F–0853]
comments. Identify comments with the
docket number found in brackets in the
Ecolab, Inc.; Filing of Food Additive
heading of this document. Received
Petition
comments may be seen in the Division
AGENCY: Food and Drug Administration, of Dockets Management between 9 a.m.
and 4 p.m., Monday through Friday.
HHS.
FDA will also place on public display
ACTION: Notice of petition.
any amendments to, or comments on,
SUMMARY: The Food and Drug
the petitioner’s environmental
Administration (FDA) is announcing
assessment without further
that Ecolab, Inc., has filed a petition
announcement in the Federal Register.
proposing that the food additive
If, based on its review, the Agency finds
regulations be amended to provide for
that an environmental impact statement
the safe use of sodium
is not required, and this petition results
dodecylbenzenesulfonate as an
in a regulation, the notice of availability
antimicrobial agent in produce wash
of the Agency’s finding of no significant
water without the requirement of a
impact and the evidence supporting that
potable water rinse.
finding will be published with the
regulation in the Federal Register in
DATES: Submit either electronic or
accordance with 21 CFR 25.51(b).
written comments on the petitioner’s
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Dated: January 19, 2012.
Dennis M. Keefe,
Director, Office of Food Additive Safety,
Center for Food Safety and Applied Nutrition.
[FR Doc. 2012–2279 Filed 2–1–12; 8:45 am]
BILLING CODE 4160–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2011–1062]
RIN 1625–AA09
Drawbridge Operation Regulation;
Bear Creek, Dundalk, MD
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
change the regulation governing the
operation of the Baltimore County
highway bridge at Wise Avenue across
Bear Creek, mile 3.4, between Dundalk
and Sparrows Point, MD. The proposed
change will alter the four hour advance
notice requirement for a bridge opening
to a 48-hour advance notice requirement
for a bridge opening. Due to the lack of
openings, it is not necessary to have
personnel available on a four-hour
notice. The operating regulation change
will allow Baltimore County to more
efficiently utilize the maintenance
personnel who are responsible for the
operation of the bridge.
DATES: Comments and related material
must reach the Coast Guard on or before
April 2, 2012.
ADDRESSES: You may submit comments
identified by docket number USCG–
2011–1062 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: (202) 493–2251.
(3) Mail: 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–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The telephone number
is (202) 366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
SUMMARY:
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below for instructions on submitting
comments.
If
you have questions on this proposed
rule, call or e-mail Lindsey Middleton,
Fifth Coast Guard District Bridge
Administration Division, Coast Guard;
telephone (757) 398–6629, email
Lindsey.R.Middleton@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change to https://www.
regulations.gov and will include any
personal information you have
provided.
tkelley on DSK3SPTVN1PROD with PROPOSALS
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2011–1062),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (https://www.regulations.
gov), or by fax, mail or hand delivery,
but please use only one of these means.
If you submit a comment online via
https://www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand deliver, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an email address,
or a phone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rules’’ and insert
‘‘USCG–2011–1062’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
If you submit your comments by mail or
hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit them by
mail and would like to know that they
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reached the Facility, please enclose a
stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period and may change
the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2011–
1062’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. 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. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one using one of the four methods
specified under ADDRESSES. Please
explain why one would be beneficial. If
we determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
Basis and Purpose
Baltimore County has requested a
change to the operating regulation for
the bascule Baltimore County highway
bridge at Wise Avenue across Bear
Creek, mile 3.4 between Dundalk and
Sparrows Point, MD. This change would
require the draw to open if at least 48
hours of notice is given.
Draw tender logs provided by the
County show that this bridge has had
fewer than 12 openings every year since
2008. The majority of these openings
have been to test or maintain the bridge.
When a request is made, the County
contacts the ‘‘on call’’ maintenance
contractor who relays the message to
their electrical subcontractor. This
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subcontractor is the person that operates
the bridge. The qualified subcontractors
are normally at other work locations
making it difficult, logistically, to arrive
at the bridge site for an opening within
the current four hour notice period. This
change would allow the County to
utilize its maintenance personnel more
efficiently.
The current regulation, set out in 33
CFR 117.543(b), requires the bridge to
open if at least four hours of notice is
given. Section 117.543 was last
amended on October 20, 2011, which
was to remove a bridge operating
regulation for a bridge that has been
replaced with a fixed bridge.
Discussion of Proposed Rule
The Coast Guard proposes to amend
33 CFR 117.543(b) for the Baltimore
County highway bridge, mile 3.4 at Wise
Avenue between Dundalk and Sparrows
Point, MD. This regulation would
change to allow the bridge to open on
signal if at least 48 hours notice is given.
There is no alternate route. The majority
of vessels that use this waterway are
recreational boats that can travel
through the bridge without requiring a
bridge opening; the vertical clearance of
the bridge in the closed position is 14
feet at mean high water. For those
vessels, this regulation will not impact
their waterway transit because they are
able to transit through the bridge at any
time. There are few larger vessels that
may require a bridge opening. This
regulation change should not have an
adverse effect on their transit because
the bridge is able to open if the mariner
provides at least 48 hours of advance
notice.
Regulatory Analyses
We developed this proposed 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 proposed 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
that Order. The proposed change is
expected to have only a minimal impact
on maritime traffic transiting the bridge.
Most mariners utilizing this waterway
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do not require a bridge opening. The
few mariners that may need a bridge
opening can plan their trips in
accordance with the 48-hour scheduled
advance notice requirement for a bridge
opening to minimize delay.
tkelley on DSK3SPTVN1PROD with PROPOSALS
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed 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 proposed rule
would not have a significant economic
impact on a substantial number of small
entities.
This proposed rule would affect the
following entities, some of which might
be small entities: the owners or
operators of vessels requiring a bridge
opening.
This action will not have a significant
economic impact on a substantial
number of small entities because the
rule adds minimal restrictions to the
movement of navigation by requiring
mariners to give at least 48 hours of
notice when requesting a bridge
opening. The majority of vessels
utilizing this waterway is shorter than
14 feet and is able to safely transit under
the bridge in the closed position at any
time.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact Lindsey
Middleton, Bridge Management
Specialist, Fifth Coast Guard District,
(757) 398–6629 or Lindsey.R.
Middleton@uscg.mil. The Coast Guard
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will not retaliate against small entities
that question or complain about this
proposed rule or any policy or action of
the Coast Guard.
Collection of Information
This proposed rule would call 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 proposed 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
proposed 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 proposed rule would 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.
Civil Justice Reform
This proposed 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 proposed 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 proposed rule does not have
tribal implications under Executive
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5203
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 proposed 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 proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed 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 made a preliminary determination
that this action is one of a category of
actions which do not individually or
cumulatively have a significant effect on
the human environment because it
simply promulgates the operating
regulations or procedures for
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drawbridges. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 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 § 117.543(b) to read as
follows:
§ 117.543
Bear Creek
*
*
*
*
*
(b) The draw of the Baltimore County
highway bridge, mile 3.4 at Wise
Avenue between Dundalk and Sparrows
Point, shall open on signal if at least 48
hours of notice is given.
Dated: January 19, 2012.
William D. Lee,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. 2012–2283 Filed 2–1–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 100
[Docket No. FWS–R7–SM–2011–0015;
FXFR13350700640L6–123–FF07J00000]
RIN 1018–AX64
Subsistence Management Regulations
for Public Lands in Alaska—2013–14
and 2014–15 Subsistence Taking of
Fish and Shellfish Regulations
Forest Service, Agriculture;
Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
tkelley on DSK3SPTVN1PROD with PROPOSALS
AGENCY:
This proposed rule would
establish regulations for fish and
shellfish seasons, harvest limits,
methods and means related to taking of
fish and shellfish for subsistence uses
during the 2013–2014 and 2014–2015
regulatory years. The Federal
SUMMARY:
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Subsistence Board (Board) is on a
schedule of completing the process of
revising subsistence taking of fish and
shellfish regulations in odd-numbered
years and subsistence taking of wildlife
regulations in even-numbered years;
public proposal and review processes
take place during the preceding year.
The Board also addresses customary and
traditional use determinations during
the applicable cycle. When final, the
resulting rulemaking will replace the
existing subsistence fish and shellfish
taking regulations. This proposed rule
would also amend the general
regulations on subsistence taking of fish
and wildlife.
DATES: Public meetings: The Subsistence
Regional Advisory Councils (Councils)
will hold public meetings to receive
comments and make proposals to
change this proposed rule on several
dates between February 7 and March 23,
2012, and then hold another round of
public meetings to discuss and receive
comments on the proposals, and make
recommendations on the proposals to
the Board, on several dates between
August 14 and October 17, 2012. The
Board will discuss and evaluate
proposed regulatory changes during a
public meeting in Anchorage, AK, in
January 2013. See SUPPLEMENTARY
INFORMATION for specific information on
dates and locations of the public
meetings.
Public comments: Comments and
proposals to change this proposed rule
must be received or postmarked by
March 30, 2012.
ADDRESSES: Public meetings: The
Federal Subsistence Board and the
Subsistence Regional Advisory
Councils’ public meetings will be held
at various locations in Alaska. See
SUPPLEMENTARY INFORMATION for specific
information on dates and locations of
the public meetings.
Public comments: You may submit
comments by one of the following
methods:
• Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov and search for
FWS–R7–SM–2011–0015, which is the
docket number for this rulemaking.
• By hard copy: U.S. mail or handdelivery to: USFWS, Office of
Subsistence Management, 1011 East
Tudor Road MS 121, Attn: Theo
Matuskowitz, Anchorage, AK 99503–
6199, or hand delivery to the Designated
Federal Official attending any of the
Federal Subsistence Regional Advisory
Council public meetings. See
SUPPLEMENTARY INFORMATION for
additional information on locations of
the public meetings.
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We will post all comments on
https://www.regulations.gov. This
generally means that we will post any
personal information you provide us
(see the Public Review Process section
below for more information).
FOR FURTHER INFORMATION CONTACT:
Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service,
Attention: Peter J. Probasco, Office of
Subsistence Management; (907) 786–
3888 or subsistence@fws.gov. For
questions specific to National Forest
System lands, contact Steve Kessler,
Regional Subsistence Program Leader,
USDA, Forest Service, Alaska Region;
(907) 743–9461 or skessler@fs.fed.us.
SUPPLEMENTARY INFORMATION:
Background
Under Title VIII of the Alaska
National Interest Lands Conservation
Act (ANILCA) (16 U.S.C. 3111–3126),
the Secretary of the Interior and the
Secretary of Agriculture (Secretaries)
jointly implement the Federal
Subsistence Management Program. This
program provides a preference for take
of fish and wildlife resources for
subsistence uses on Federal public
lands and waters in Alaska. The
Secretaries published temporary
regulations to carry out this program in
the Federal Register on June 29, 1990
(55 FR 27114), and final regulations
were published in the Federal Register
on May 29, 1992 (57 FR 22940). The
Program has subsequently amended
these regulations a number of times.
Because this program is a joint effort
between Interior and Agriculture, these
regulations are located in two titles of
the Code of Federal Regulations (CFR):
Title 36, ‘‘Parks, Forests, and Public
Property,’’ and Title 50, ‘‘Wildlife and
Fisheries,’’ at 36 CFR 242.1–28 and 50
CFR 100.1–28, respectively. The
regulations contain subparts as follows:
Subpart A, General Provisions; Subpart
B, Program Structure; Subpart C, Board
Determinations; and Subpart D,
Subsistence Taking of Fish and Wildlife.
Consistent with subpart B of these
regulations, the Secretaries established a
Federal Subsistence Board to administer
the Federal Subsistence Management
Program. The Board is currently made
up of:
• A Chair appointed by the Secretary
of the Interior with concurrence of the
Secretary of Agriculture;
• The Alaska Regional Director, U.S.
Fish and Wildlife Service;
• The Alaska Regional Director, U.S.
National Park Service;
• The Alaska State Director, U.S.
Bureau of Land Management;
• The Alaska Regional Director, U.S.
Bureau of Indian Affairs;
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]]>Agencies
[Federal Register Volume 77, Number 22 (Thursday, February 2, 2012)]
[Proposed Rules]
[Pages 5201-5204]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2283]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2011-1062]
RIN 1625-AA09
Drawbridge Operation Regulation; Bear Creek, Dundalk, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to change the regulation governing
the operation of the Baltimore County highway bridge at Wise Avenue
across Bear Creek, mile 3.4, between Dundalk and Sparrows Point, MD.
The proposed change will alter the four hour advance notice requirement
for a bridge opening to a 48-hour advance notice requirement for a
bridge opening. Due to the lack of openings, it is not necessary to
have personnel available on a four-hour notice. The operating
regulation change will allow Baltimore County to more efficiently
utilize the maintenance personnel who are responsible for the operation
of the bridge.
DATES: Comments and related material must reach the Coast Guard on or
before April 2, 2012.
ADDRESSES: You may submit comments identified by docket number USCG-
2011-1062 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: (202) 493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is (202) 366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section
[[Page 5202]]
below for instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Lindsey Middleton, Fifth Coast Guard District
Bridge Administration Division, Coast Guard; telephone (757) 398-6629,
email Lindsey.R.Middleton@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change to https://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2011-1062), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (https://www.regulations.gov), or by fax, mail or hand delivery,
but please use only one of these means. If you submit a comment online
via https://www.regulations.gov, it will be considered received by the
Coast Guard when you successfully transmit the comment. If you fax,
hand deliver, or mail your comment, it will be considered as having
been received by the Coast Guard when it is received at the Docket
Management Facility. We recommend that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that we can contact you if we have questions regarding
your submission.
To submit your comment online, go to https://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rules'' and insert ``USCG-2011-1062'' in the ``Keyword''
box. Click ``Search'' then click on the balloon shape in the
``Actions'' column. If you submit your comments by mail or hand
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11
inches, suitable for copying and electronic filing. If you submit them
by mail and would like to know that they reached the Facility, please
enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period
and may change the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2011-1062'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
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. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why one would be beneficial. If we determine
that one would aid this rulemaking, we will hold one at a time and
place announced by a later notice in the Federal Register.
Basis and Purpose
Baltimore County has requested a change to the operating regulation
for the bascule Baltimore County highway bridge at Wise Avenue across
Bear Creek, mile 3.4 between Dundalk and Sparrows Point, MD. This
change would require the draw to open if at least 48 hours of notice is
given.
Draw tender logs provided by the County show that this bridge has
had fewer than 12 openings every year since 2008. The majority of these
openings have been to test or maintain the bridge. When a request is
made, the County contacts the ``on call'' maintenance contractor who
relays the message to their electrical subcontractor. This
subcontractor is the person that operates the bridge. The qualified
subcontractors are normally at other work locations making it
difficult, logistically, to arrive at the bridge site for an opening
within the current four hour notice period. This change would allow the
County to utilize its maintenance personnel more efficiently.
The current regulation, set out in 33 CFR 117.543(b), requires the
bridge to open if at least four hours of notice is given. Section
117.543 was last amended on October 20, 2011, which was to remove a
bridge operating regulation for a bridge that has been replaced with a
fixed bridge.
Discussion of Proposed Rule
The Coast Guard proposes to amend 33 CFR 117.543(b) for the
Baltimore County highway bridge, mile 3.4 at Wise Avenue between
Dundalk and Sparrows Point, MD. This regulation would change to allow
the bridge to open on signal if at least 48 hours notice is given.
There is no alternate route. The majority of vessels that use this
waterway are recreational boats that can travel through the bridge
without requiring a bridge opening; the vertical clearance of the
bridge in the closed position is 14 feet at mean high water. For those
vessels, this regulation will not impact their waterway transit because
they are able to transit through the bridge at any time. There are few
larger vessels that may require a bridge opening. This regulation
change should not have an adverse effect on their transit because the
bridge is able to open if the mariner provides at least 48 hours of
advance notice.
Regulatory Analyses
We developed this proposed 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 proposed 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 that Order. The proposed change is expected
to have only a minimal impact on maritime traffic transiting the
bridge. Most mariners utilizing this waterway
[[Page 5203]]
do not require a bridge opening. The few mariners that may need a
bridge opening can plan their trips in accordance with the 48-hour
scheduled advance notice requirement for a bridge opening to minimize
delay.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities.
This proposed rule would affect the following entities, some of
which might be small entities: the owners or operators of vessels
requiring a bridge opening.
This action will not have a significant economic impact on a
substantial number of small entities because the rule adds minimal
restrictions to the movement of navigation by requiring mariners to
give at least 48 hours of notice when requesting a bridge opening. The
majority of vessels utilizing this waterway is shorter than 14 feet and
is able to safely transit under the bridge in the closed position at
any time.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Lindsey Middleton, Bridge
Management Specialist, Fifth Coast Guard District, (757) 398-6629 or
Lindsey.R.Middleton@uscg.mil. The Coast Guard will not retaliate
against small entities that question or complain about this proposed
rule or any policy or action of the Coast Guard.
Collection of Information
This proposed rule would call 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 proposed 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 proposed 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 proposed rule would 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.
Civil Justice Reform
This proposed 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 proposed 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 proposed 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 proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed 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 made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment because it simply
promulgates the operating regulations or procedures for
[[Page 5204]]
drawbridges. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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 Sec. 117.543(b) to read as follows:
Sec. 117.543 Bear Creek
* * * * *
(b) The draw of the Baltimore County highway bridge, mile 3.4 at
Wise Avenue between Dundalk and Sparrows Point, shall open on signal if
at least 48 hours of notice is given.
Dated: January 19, 2012.
William D. Lee,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2012-2283 Filed 2-1-12; 8:45 am]
BILLING CODE 9110-04-P
