
[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.

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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: http://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.,

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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 http://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 http://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 http://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 http://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 http://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


