Drawbridge Operation Regulation; Bush River, Perryman, MD, 8911-8914 [2014-03309]
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Federal Register / Vol. 79, No. 31 / Friday, February 14, 2014 / Proposed Rules
has determined that this rule is not a
‘‘significant regulatory action’’ under
Executive Order 12866, section 3(f),
Regulatory Planning and Review, and
accordingly this rule has been reviewed
by the Office of Management and
Budget (OMB).
Executive Order 13132
This regulation will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on
distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with Executive Order 13132,
it is determined that this rule does not
have sufficient federalism implications
to warrant the preparation of a
Federalism Assessment.
Regulatory Flexibility Act
The Director of the Bureau of Prisons,
in accordance with the Regulatory
Flexibility Act (5 U.S.C. 605(b)), has
reviewed this regulation and by
approving it certifies that this regulation
will not have a significant economic
impact upon a substantial number of
small entities for the following reasons:
This rule pertains to the correctional
management of offenders committed to
the custody of the Attorney General or
the Director of the Bureau of Prisons,
and its economic impact is limited to
the Bureau’s appropriated funds.
Unfunded Mandates Reform Act of
1995
This rule will not result in the
expenditure by State, local and tribal
governments, in the aggregate, or by the
private sector, of $100,000,000 or more
in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995.
tkelley on DSK3SPTVN1PROD with PROPOSALS
Small Business Regulatory Enforcement
Fairness Act of 1996
This rule is not a major rule as
defined by section 804 of the Small
Business Regulatory Enforcement
Fairness Act of 1996. This rule will not
result in an annual effect on the
economy of $100,000,000 or more; a
major increase in costs or prices; or
significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the
ability of United States-based
companies to compete with foreignbased companies in domestic and
export markets.
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List of Subjects 28 CFR Part 552
Prisoners.
Charles E. Samuels, Jr.,
Director, Bureau of Prisons.
Accordingly, under rulemaking
authority vested in the Attorney General
in 5 U.S.C. 301; 28 U.S.C. 509, 510 and
delegated to the Director, Bureau of
Prisons in 28 CFR 0.96, we propose to
amend 28 CFR part 552 as set forth
below.
SUBCHAPTER C—INSTITUTIONAL
MANAGEMENT
PART 552—CUSTODY
1. Revise the authority citation for 28
CFR part 552 to read as follows:
■
Authority: 5 U.S.C. 301; 18 U.S.C. 3621,
3622, 3624, 4001, 4042, 4081, 4082 (Repealed
in part as to offenses committed on or after
November 1, 1987), 5006–5024 (Repealed
October 12, 1984, as to offenses committed
after that date), 5039; 28 U.S.C. 509, 510.
8911
performed if it is determined by the
institution physician that it is likely to
result in serious or lasting medical
injury or harm to the inmate. Staff shall
place documentation of the examination
and the reasons for the examination in
the inmate’s central file and medical
file.
(1) The Warden and Regional Director
or persons officially acting in that
capacity may not redelegate the
authority to approve an examination
using medical x-ray device for the
purpose of determining if contraband is
present. An Acting Warden or Acting
Regional Director may, however,
perform this function.
(2) Staff shall solicit the inmate’s
consent prior to an examination using a
medical x-ray device. However, the
inmate’s consent is not required.
(c) The Warden may direct searches of
inanimate objects using a medical x-ray
device where the inmate is not exposed.
[FR Doc. 2014–03240 Filed 2–13–14; 8:45 am]
2. Revise § 552.11(a) to read as
follows:
BILLING CODE 4410–05–P
§ 552.11
DEPARTMENT OF HOMELAND
SECURITY
■
Searches of inmates.
(a) Electronic devices. Inspection of an
inmate’s person using electronic devices
(for example, metal detector, ion
spectrometry device, or body imaging
search device) does not require the
inmate to remove clothing. The
inspection may also include a search of
the inmate’s clothing and personal
effects. Staff may conduct an electronic
device search of an inmate on a routine
or random basis to control contraband.
*
*
*
*
*
■ 3. Revise § 552.13 to read as follows:
§ 552.13 Medical x-ray device, major
instrument, or surgical intrusion.
(a) The institution physician may
authorize use of a major instrument
(including anoscope or vaginal
speculum) or surgical intrusion for
medical reasons only, with the inmate’s
consent.
(b) The institution physician may
authorize use of a medical x-ray device
for medical reasons and only with the
consent of the inmate. When there exists
no reasonable alternative, and an
examination using a medical x-ray
device is determined necessary for the
security, good order, or discipline of the
institution, the Warden, upon approval
of the Regional Director, may authorize
the institution physician to order a nonrepetitive examination using a medical
x-ray device for the purpose of
determining if contraband is concealed
in or on the inmate (for example: In a
cast or body cavity). The examination
using a medical x-ray device may not be
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Coast Guard
33 CFR Part 117
[Docket No. USCG–2013–0972]
RIN 1625–AA09
Drawbridge Operation Regulation;
Bush River, Perryman, MD
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
modify the interim rule that currently
governs the Amtrak Bridge, at mile 6.8
over Bush River, at Perryman, MD. The
proposed rule intends to update the
language of the current regulation to
reflect the intent of the original
schedule and confirm the interim rule
as final.
DATES: Comments and related material
must reach the Coast Guard on or before
April 15, 2014.
ADDRESSES: You may submit comments
identified by docket number USCG–
2013–0972 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
SUMMARY:
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Federal Register / Vol. 79, No. 31 / Friday, February 14, 2014 / Proposed Rules
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments. To avoid duplication, please
use only one of these four methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or email Jim Rousseau, District
Five Prevention Bridges, Coast Guard;
telephone 757–398–6557, email
James.L.Rousseau2@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Cheryl
Collins, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
Amtrak National Railroad Passenger
Corporation
NPRM Notice of Proposed Rulemaking
§ Section Symbol
U.S.C. United States Code
A. Public Participation and Request for
Comments
We encourage you to participate in
this proposed 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
1. Submitting Comments
If you submit a comment, please
include the docket number for this
proposed rulemaking (USCG–2013–
0972), 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
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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, type the
docket number [USCG–2013–0972] in
the ‘‘SEARCH’’ box and click ‘‘Search.’’
then click on ‘‘Submit a Comment’’ on
the line associated with this rulemaking.
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
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.
2. 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, type the
docket number (USCG–2013–0972) 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.
this interim rule ended on June 14, 1985
and records indicate that no comments
were received. The interim rule has
never been finalized and still remains in
effect. Because of the length of time that
the interim rule has been in effect and
the proposed modification to the rule,
the Coast Guard is opening a new
comment period. The current operating
regulation, in 33 CFR 117.547, requires
the bridge to open twice a day on the
weekends during the summer boating
season and on one weekend in October.
However, it fails to clarify that the
bridge will remain closed to navigation
at all other times, which is the intent of
the bridge owner and how the bridge
has operated since 1985. As the
regulation is currently written, the
bridge is actually required to open on
demand at all other times; which is
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.
4. 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.
C. 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 has 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 B,
was brought to light. The Coast Guard
proposes 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
proposed rule will correct the current
language discrepancy in the regulation
but have no impacts on current vessel
or train traffic.
B. 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
D. Discussion of Proposed Rule
The Coast Guard proposes to revise 33
CFR 117.547 governing the Amtrak
Bridge, at mile 6.8, over Bush River, at
Perryman, MD by adding language that
the bridge will remain closed to
3. 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).
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Federal Register / Vol. 79, No. 31 / Friday, February 14, 2014 / Proposed Rules
navigation during all other times except
when it is required to open. As the
regulation is currently written, the
bridge is required to open at all other
times other than the weekend daylight
hours during the summer boating
season. This is not Amtrak’s intent for
the regulation and is not how the bridge
has operated since 1985. Under the
proposed change, the bridge shall open
twice daily, from May 1 to Oct 31, on
Saturdays and Sundays and on any
federal holidays during that period that
fall on a Friday or Monday, if proper
request for openings have been received.
The proposed modification of the
operating regulation accounts for the
current scheduled high speed rail
service and the difficulty of opening the
bridge, which can take a maintenance
crew of ten people six hours to open.
This rule proposes to clarify the
intention of the regulation and reflect
the current operation of the bridge.
Vessels with a mast height less than
12 feet can pass underneath the bridge
in the closed position at any time. There
are no alternate routes available for
vessels unable to pass underneath the
bridge in the closed position.
Emergency openings follow 33 CFR
117.31.
E. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes or executive
orders.
tkelley on DSK3SPTVN1PROD with PROPOSALS
1. 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
those Orders. The proposed 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
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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 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 current
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.
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.
3. 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. 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 the person
listed in the FOR FURTHER INFORMATION
CONTACT, above. 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.
4. 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.).
8913
section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
INFORMATION CONTACT
7. 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
expenditure, we do discuss the effects of
this proposed rule elsewhere in this
preamble.
8. 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.
9. 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.
10. Protection of Children
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This proposed 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.
5. 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
various levels of government. We have
analyzed this proposed rule under that
Order and have determined that it does
not have implications for federalism.
11. Indian Tribal Governments
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
12. Energy Effects
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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.
This proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
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Federal Register / Vol. 79, No. 31 / Friday, February 14, 2014 / Proposed Rules
Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. 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. This proposed
rule simply promulgates the operating
regulations or procedures for
drawbridges. 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. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed rule.
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
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. Revise § 117.547, to read as follows:
tkelley on DSK3SPTVN1PROD with PROPOSALS
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
BridgeOpeningRequest@Amtrak.com by
an authorized representative of the Bush
River Yacht Club no later than noon on
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BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–R03–OAR–2013–0789; FRL–9906–68–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Minor New Source Review
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
1. The authority citation for part 117
continues to read as follows:
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[FR Doc. 2014–03309 Filed 2–13–14; 8:45 am]
AGENCY:
■
§ 117.547
Dated: January 28, 2014.
Steven H. Ratti,
Rear Admiral, United States Coast Guard,
Commander, Fifth Coast Guard District.
40 CFR Part 52
List of Subjects in 33 CFR Part 117
■
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) 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.
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision submitted on July 20, 2009 by
the State of West Virginia. The proposed
revision will expedite the processing of
certain preconstruction permits issued
under West Virginia’s minor New
Source Review (NSR) Program. Notably,
the revision will allow, in certain
circumstances, construction prior to
obtaining a permit, and will allow
equipment and materials to be delivered
and stored onsite prior to permit
issuance. This action is being taken
under the Clean Air Act (CAA).
DATES: Written comments must be
received on or before March 17, 2014.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
SUMMARY:
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R03–OAR–2013–0789 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: cox.kathleen@epa.gov.
C. Mail: EPA–R03–OAR–2013–0789,
Kathleen Cox, Associate Director, Office
of Permits and Air Toxics, Mailcode
3AP10, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2013–
0789. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov, your
email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
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]]>Agencies
[Federal Register Volume 79, Number 31 (Friday, February 14, 2014)]
[Proposed Rules]
[Pages 8911-8914]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03309]
=======================================================================
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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: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to modify the interim rule that
currently governs the Amtrak Bridge, at mile 6.8 over Bush River, at
Perryman, MD. The proposed rule intends to update the language of the
current regulation to reflect the intent of the original schedule and
confirm the interim rule as final.
DATES: Comments and related material must reach the Coast Guard on or
before April 15, 2014.
ADDRESSES: You may submit comments identified by docket number USCG-
2013-0972 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE.,
[[Page 8912]]
Washington, DC 20590-0001. Deliveries accepted between 9 a.m. and 5
p.m., Monday through Friday, except federal holidays. The telephone
number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments. To avoid duplication, please use only one of these
four methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Jim Rousseau, District Five Prevention Bridges,
Coast Guard; telephone 757-398-6557, email James.L.Rousseau2@uscg.mil.
If you have questions on viewing or submitting material to the docket,
call Cheryl Collins, Program Manager, Docket Operations, telephone 202-
366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
Amtrak National Railroad Passenger Corporation
NPRM Notice of Proposed Rulemaking
Sec. Section Symbol
U.S.C. United States Code
A. Public Participation and Request for Comments
We encourage you to participate in this proposed 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.
1. Submitting Comments
If you submit a comment, please include the docket number for this
proposed rulemaking (USCG-2013-0972), 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,
type the docket number [USCG-2013-0972] in the ``SEARCH'' box and click
``Search.'' then click on ``Submit a Comment'' on the line associated
with this rulemaking. 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.
2. 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,
type the docket number (USCG-2013-0972) 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.
3. 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).
4. 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.
B. 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 has never been finalized and still remains
in effect. Because of the length of time that the interim rule has been
in effect and the proposed modification to the rule, the Coast Guard is
opening a new comment period. The current operating regulation, in 33
CFR 117.547, requires the bridge to open twice a day on the weekends
during the summer boating season and on one weekend in October.
However, it fails to clarify that the bridge will remain closed to
navigation at all other times, which is the intent of the bridge owner
and how the bridge has operated since 1985. As the regulation is
currently written, the bridge is actually required to open on demand at
all other times; which is 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.
C. 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 has 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 Sec. 117.547 the difference between the
actual language and the intent of the regulation, identified in
paragraph B, was brought to light. The Coast Guard proposes 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 proposed rule
will correct the current language discrepancy in the regulation but
have no impacts on current vessel or train traffic.
D. Discussion of Proposed Rule
The Coast Guard proposes to revise 33 CFR 117.547 governing the
Amtrak Bridge, at mile 6.8, over Bush River, at Perryman, MD by adding
language that the bridge will remain closed to
[[Page 8913]]
navigation during all other times except when it is required to open.
As the regulation is currently written, the bridge is required to open
at all other times other than the weekend daylight hours during the
summer boating season. This is not Amtrak's intent for the regulation
and is not how the bridge has operated since 1985. Under the proposed
change, the bridge shall open twice daily, from May 1 to Oct 31, on
Saturdays and Sundays and on any federal holidays during that period
that fall on a Friday or Monday, if proper request for openings have
been received. The proposed modification of the operating regulation
accounts for the current scheduled high speed rail service and the
difficulty of opening the bridge, which can take a maintenance crew of
ten people six hours to open. This rule proposes to clarify the
intention of the regulation and reflect the current operation of the
bridge.
Vessels with a mast height less than 12 feet can pass underneath
the bridge in the closed position at any time. There are no alternate
routes available for vessels unable to pass underneath the bridge in
the closed position. Emergency openings follow 33 CFR 117.31.
E. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on these statutes or executive orders.
1. 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 those Orders. The proposed 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 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 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
current 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.
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.
3. 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. 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 the person listed in the FOR FURTHER INFORMATION
CONTACT, above. 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.
4. 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.).
5. 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 various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it does not have implications for federalism.
6. 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.
7. 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 expenditure, we do discuss the effects of this proposed
rule elsewhere in this preamble.
8. 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.
9. 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.
10. Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed 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.
11. 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.
12. Energy Effects
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
[[Page 8914]]
Significantly Affect Energy Supply, Distribution, or Use.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. 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. This proposed rule simply
promulgates the operating regulations or procedures for drawbridges.
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. 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
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
BridgeOpeningRequest@Amtrak.com 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) 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: January 28, 2014.
Steven H. Ratti,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard
District.
[FR Doc. 2014-03309 Filed 2-13-14; 8:45 am]
BILLING CODE 9110-04-P
