[Federal Register Volume 77, Number 239 (Wednesday, December 12, 2012)]
[Proposed Rules]
[Pages 73967-73968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30001]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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DATES: The notice of proposed rulemaking is withdrawn on December 12,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ADDRESSES: The docket for this withdrawn rulemaking is available for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
[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:
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