[Federal Register: September 11, 2006 (Volume 71, Number 175)]
[Proposed Rules]
[Page 53352-53354]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11se06-23]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD5-06-086]
RIN 1625-AA09
Drawbridge Operation Regulations; Darby Creek, PA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to change the operating
regulations for the Consolidated Rail Corporation (CONRAIL) Railroad
Bridge, at mile 0.3, across Darby Creek in Essington, Pennsylvania. The
proposal would allow the bridge to be left in the open-to-navigation
position from April 1 through October 31 of every year. The bridge
would only close for the passage of trains and to perform periodic
maintenance. From November 1 to March 31, the bridge would open on
signal, if at least 24 hours notice is given by calling (856) 231-7088
or (856) 662-8201.
DATES: Comments and related material must reach the Coast Guard on or
before November 13, 2006.
ADDRESSES: You may mail comments and related material to Commander
(dpb), Fifth Coast Guard District, Federal Building, 1st Floor, 431
Crawford Street, Portsmouth, VA 233704-5004. The Fifth Coast Guard
District maintains the public docket for this rulemaking. Comments and
material received from the public, as well as documents indicated in
this preamble as being available in the docket, will become part of
this docket and will be available for inspection or copying at
Commander (dpb), Fifth Coast Guard District between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Waverly W. Gregory, Jr., Bridge
Administrator, Fifth Coast Guard District, at (757) 398-6222.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking CGD05-06-
086, indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like a return
receipt, please enclose a stamped, self-addressed postcard or envelope.
We will consider all submittals received during the comment period. We
may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Commander (dpb), Fifth Coast Guard
District at the address under ADDRESSES explaining 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
CONRAIL owns and remotely operates the railroad drawbridge across
Darby Creek, at mile 0.3, located in Essington, Pennsylvania. The
current operating regulations set out in 33 CFR 117.903 requires that
from May 15 through October 15, the draw be left in the open position
at all times and will only be lowered for the passage of trains and to
perform periodic maintenance authorized in accordance with subpart A of
this part. From October 16 through May 14, the draw shall open on
signal if at least 24 hours notice is given by telephone at (856) 231-
7088 or (856) 662-8201. Operational information will be provided 24
hours a day at the same telephone numbers.
The CONRAIL Railroad Bridge, a bascule-type drawbridge, has a
vertical clearance in the closed position to vessels of approximately
three feet above mean high water; and unlimited vertical clearance in
the open-to-navigation position.
The Ridley Township Municipal Marina Authority has requested a
change to the operating regulations for the Railroad Bridge, due to
increased marine traffic under the bridge from April 1 to October 31.
CONRAIL has agreed to modify the operating regulations of the
drawbridge to accommodate additional vessel traffic.
Discussion of Proposed Rule
The Coast Guard proposes to amend 33 CFR 117.903(a), which governs
the CONRAIL railroad drawbridge across Darby Creek, at mile 0.3 in
Essington, Pennsylvania, by amending paragraphs (a)(3) and (a)(13).
From April 1 through October 31, the bridge would be left in the open
position and would only close for the passage of trains and to perform
periodic maintenance authorized in accordance with subpart A of this
part. From November 1 to March 31, the draw of the CONRAIL Railroad
Bridge need only open on signal if at least 24 hours notice is given by
calling (856) 231-7088 or (856) 662-8201. Operational information will
be provided 24 hours a day by telephone at (856) 231-7088 or (856) 662-
8201, respectively.
Regulatory Evaluation
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. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS).
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 CONRAIL, the only known land user of the bridge, has agreed
to the change in the operating regulations.
Small Entities
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 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.
[[Page 53353]]
This proposed rule would not have a significant economic impact on
a substantial number of small entities for the following reason. This
proposed rule will have not impact on any small entities because
CONRAIL, the only known land user of the bridge, has agreed to the
change in the operating regulations.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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 process.
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.
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 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 Waverly W. Gregory, Jr., Bridge
Administrator, Fifth Coast Guard District, (757) 398-6222. The Coast
Guard will not retaliate against small entities that question or
complain about this rule or any policy or action of the Coast Guard.
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.).
Federalism
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 rule under
that Order and have determined that it does not have implications for
federalism.
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 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.
Taking of Private Property
This proposed rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
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, eliminates ambiguity, and reduce burden.
Protection of Children
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.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does 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.
Energy Effects
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.
Technical Standards
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 (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD, and Department of Homeland Security Management Directive
5100.1, 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 there are no factors in this
case that would limit the use of a categorical exclusion under section
2.B.2 of the Instruction. Therefore, we believe that this rule should
be categorically excluded, under figure 2-1, paragraph (32)(e), of the
Instruction, from further environmental documentation. Under figure 2-
1, paragraph (32)(e), of the Instruction, an ``Environmental Analysis
Check List'' is not required for this rule. Comments on this section
will be considered before we make the final decision on whether to
categorically exclude this rule from further environmental review.
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 OPERATIONS REGULATIONS
1. The authority citation for part 117 continues to read as
follows:
[[Page 53354]]
Authority: 33 U.S.C. 499; 33 CFR 1.05-1(g); Section 117.255 also
issued under authority of Public Law 102-587, 106 Stat. 5039.
2. Section 117.903 is amended by revising paragraphs (a)(3) and
(a)(13) to read as follows:
Sec. 117.903 Darby Creek.
(a) * * *
(3) From April 1 through October 31, the draw shall be left in the
open position at all times and will only be lowered for the passage of
trains and to perform periodic maintenance authorized in accordance
with subpart A of this part.
* * * * *
(13) From November 1 through March 31, the draw shall open on
signal if at least 24 hours notice is given by telephone at (856) 231-
7088 or (856) 662-8201. Operational information will be provided 24
hours a day by telephone at (856) 231-7088 or (856) 662-8201.
* * * * *
Dated: August 23, 2006.
L.L. Hereth,
Rear Admiral, U. S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E6-14983 Filed 9-8-06; 8:45 am]
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