Daily Rules, Proposed Rules, and Notices of the Federal Government
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The City of Baltimore has requested a change to the operating procedures for the Pennington Avenue Bridge across Curtis Creek, mile 0.9 in Baltimore, MD. The change in the operating procedure would allow the bridge to be operated from a remote location at the City of Baltimore Transportation Management Center. This proposed rule follows the general regulations set out at 33 CFR 117.5 that states: Drawbridges shall open promptly and fully for the passage of vessels when a request to open is given.
The Pennington Avenue Bridge, a lift-type drawbridge, has a vertical clearance in the closed position to vessels of 38 feet, above mean high water.
The City of Baltimore is installing six video cameras on the bridge to enhance the remote operator's ability to monitor and control the equipment. The remote office and the bridge site will be equipped with audio devices to enable the remote operator to hear boat horns that may signal for an opening as well as two-way communication. There will be posted signs placed on both sides of the navigational channel providing a phone number for vessels to call to request an opening. Warning lights will be installed on the bridge to signal when the bridge is in operation. All aspects of the current drawbridge operating regulations will remain the same.
The City of Baltimore has requested this change to utilize new technology to maintain the bridge's current level of operating capabilities and continue providing for the reasonable needs of vehicular transportation and vessel navigation.
The Coast Guard proposes to revise 33 CFR 117.557. The current paragraph would be divided into paragraphs (a) and (b).
Paragraph (a) would contain the proposed rule for the Pennington Avenue Bridge at mile 0.9 in Baltimore, MD. The rule would allow the draw of the bridge to be operated by the controller at the Transportation Management Center.
In the event of failure or obstruction of the video cameras, audio system, or phone communications, the Pennington Avenue Bridge would not be operated from the remote office. In these situations, a bridge tender must be called and be on-site within 30 minutes to operate the bridge.
When vehicular and pedestrian traffic has cleared, a horn will sound one prolonged blast followed by one short blast to warn of bridge movement. The channel traffic lights will flash red continually to indicate that the bridge is moving to the full open position for vessels. Once the bridge is in the fully open position, the bridge channel traffic lights will turn and remain green. The draw of the bridge must begin opening within 5 minutes of vehicular and pedestrian traffic clearing the bridge except as provided in 33 CFR 117.31(b).
Before the span begins to close, the horn will sound five short blasts and an audio voice-warning device will announce bridge movement. The channel traffic lights will then continually flash red until the bridge is seated and locked down to vessels.
Paragraph (b) would contain the existing regulations for the I695 Bridge; however, the statute mile marker of 0.9 is incorrect and will be changed to mile 1.0 which is the accurate mile mark.
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.
This proposed rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and 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.
We expect the economic impact of this proposed rule to be so minimal that a full Regulatory Evaluation under the regulatory policies and procedures of DHS is unnecessary. We reached this conclusion based on the fact that the proposed changes have only a minimal impact on maritime traffic transiting the bridge. Although the Pennington Avenue Bridge will be operated from a remote office, mariners can continue their transits because all aspects of the current operating regulations remain essentially the same.
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
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.
The proposed rule would not have a significant economic impact on a substantial number of small entities for the following reasons. The rule allows the Pennington Avenue Bridge to operate remotely and mariners will continue to plan their transits in accordance with the existing bridge operating regulations.
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
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 Specialist, Fifth Coast Guard District, at (757) 368-6629 or e-mail at
This proposed rule would call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
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.
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.
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.
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.
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.
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.
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.
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 (
This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards.
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 drawbridges. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule.
For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 117 as follows:
1. The authority citation for part 117 continues to read as follows:
33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland Security Delegation No. 0170.1.
2. Revise § 117.557 to read as follows:
(a) The Pennington Avenue Bridge, mile 0.9 at Baltimore.
(1) The draw of the bridge to be operated by the controller at the City of
(2) The draw of the bridge shall not be operated by the controller at the Transportation Management Center office in the event of failure or obstruction of the video cameras, audio system, or phone lines. In these situations, a bridge tender must be called and be on-site within 30 minutes to operate the bridge on-site.
(3) The draw of the bridge must begin opening within 5 minutes of the vehicular and pedestrian traffic clearing the bridge, except as provided in 33 CFR 117.31(b).
(4) When vehicular and pedestrian traffic has cleared, a horn will sound one prolonged blast followed by one short blast to warn of bridge movement. The channel traffic lights will flash red continually to indicate that the Bridge is moving to the full open position for vessels. Once the bridge is in the fully open position, the bridge channel traffic lights will turn and remain green.
(5) Before the span begins to close, the horn will sound five short blasts and an audio voice-warning device will announce bridge movement. The channel traffic lights will then continually flash red until the bridge is seated and locked down to vessels.
(6) The owners of the bridge shall provide and keep in good legible condition two board gauges painted white with black figures not less than six inches high to indicate the vertical clearance under the closed draw at all stages of the tide. The gauges shall be placed on the bridge so that they are plainly visible to the operator of any vessel approaching the bridge from either upstream or downstream.
(b) The draw of the I695 Bridge, mile 1.0 at Baltimore, shall open on signal if at least a one-hour notice is given to the Maryland Transportation Authority in Baltimore.