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Drawbridge Operation Regulation; Curtis Creek, Baltimore, MDJun 02, 2010 (Department of Homeland Security Documents and Publications/ContentWorks via COMTEX) -- SUMMARY: The Coast Guard proposes to change the regulations that govern the operation of the Pennington Avenue Bridge across Curtis Creek, at mile 0.9, in Baltimore, MD. The proposed rule would eliminate the need for a bridge tender by allowing the bridge to be operated from a remote location at the City of Baltimore Transportation Management Center. This proposed change would maintain the bridge's current level of operational capabilities and continue providing for the reasonable needs of vehicular transportation and vessel navigation. This proposed rule will also correct the statute mile marker of the I695 Bridge which is also across Curtis Creek in Baltimore, MD. DATES: Comments and related material must reach the Coast Guard on or before August 2, 2010. ADDRESSES: You may submit comments identified by docket number USCG-2010-0265 using any one of the following methods: (1) Federal eRulemaking Portal: http://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 below for instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed rule, call or e-mail Coast Guard; telephone 757-398-6629, e-mail [email protected]. 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 http://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-2010-0265), 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 e-mail 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, 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-2010-0265" 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 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 http://www.regulations.gov, click on the "read comments" box, which will then become highlighted in blue. In the "Keyword" box insert "USCG-2010-0265" 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 Background and Purpose 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. Discussion of Proposed Rule 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. 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, 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. Small Entities --This is a summary of a Federal Register article originally published on the page number listed below-- Notice of proposed rulemaking. CFR Part: "33 CFR Part 117" RIN Number: "RIN 1625-AA09" Citation: "75 FR 30747" Document Number: "Docket No. USCG-2010-0265" Federal Register Page Number: "30747" "Proposed Rules" |