
[Federal Register Volume 77, Number 239 (Wednesday, December 12, 2012)]
[Proposed Rules]
[Pages 73967-73968]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30001]


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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: Proposed rule; withdrawal.

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SUMMARY: The Coast Guard is withdrawing its proposed rule concerning 
the proposed change to regulations 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 would 
have altered the current four hour advance notice requirement for a 
bridge opening to a 48-hour advance notice for a bridge opening.

DATES: The notice of proposed rulemaking is withdrawn on December 12, 
2012.

ADDRESSES: The docket for this withdrawn rulemaking is available for 
inspection or copying at the Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday,

[[Page 73968]]

except Federal holidays. You may also find this docket on the Internet 
by going to http://www.regulations.gov, inserting USCG-2011-1062 in the 
``Search'' box, and then clicking ``Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, 
call or email Bill H. Brazier, Bridge Management Specialist, Fifth 
Coast Guard District, telephone 757-271-1016, email 
Bill.H.Brazier@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: 

Background

    On February 2, 2012, we published a Notice of Proposed Rulemaking 
entitled ``Drawbridge Operation Regulation; Bear Creek, Dundalk, MD'' 
in the Federal Register (77 FR 5201). The rulemaking concerned would 
alter the current four hour advance notice requirement for a bridge 
opening, found in 33 CFR 117.543(b), to a 48-hour advance notice.
    Baltimore County requested to reduce the necessity for bridge 
openings based on bridge logs provided over a two year period. However, 
prior to the publication of the notice of proposed rulemaking the 
bridge owner displayed on the Wise Avenue Bridge signage that stated a 
48-hour advance notice was required to open the draw bridge. This 
signage portrayed improper operational information since the current 
operation regulation had not changed. The Coast Guard determined the 
signage that stated a 48-hour advance notice was required for a bridge 
opening was misleading to the public and navigational users.

Withdrawal

    Baltimore County, responsible for the operation of the Wise Avenue 
Bridge, had requested advance notification of vessel openings. 
Following publication of the notice of proposed rulemaking, the Coast 
Guard received two comments opposing changes to the regulation. Both 
comments felt the 48-hour advance notice was unnecessary and too 
burdensome to the waterway users. One of the comments stated signage 
had been placed on the bridge providing information misleading to the 
public. Baltimore County admitted establishing signage on the bridge 
prior to the publication of the notice of proposed rulemaking citing 
the bridge would open with a 48-hour notice prior to approval from the 
regulatory process. The second comment stated that a 24-hour advance 
notice would be better than the proposed 48 hours. Due to the bridge 
owner displaying misleading and inaccurate signage during a public 
comment period and prior to any change in the bridge opening 
regulations, the Coast Guard is withdrawing the proposed rule. The 
owner may, however, request a new notice of proposed rulemaking for a 
future period in which the inaccurate signage is not posted.

Authority

    We issue this notice of withdrawal under the authority of 33 U.S.C. 
499; 33 CFR 1.05-1; Department of Homeland Security Delegation No. 
0170.1.

    Dated: December 4, 2012.
Steven H. Ratti,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2012-30001 Filed 12-11-12; 8:45 am]
BILLING CODE 9110-04-P


