[Federal Register: September 11, 2006 (Volume 71, Number 175)]
[Rules and Regulations]
[Page 53323-53325]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11se06-10]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD05-06-044]
RIN 1625-AA09
Drawbridge Operation Regulations; Broad Creek, Cedar Creek, and
Nanticoke River, DE
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the drawbridge operation
regulations of four Delaware Department of Transportation (DelDOT)
bridges: the Poplar Street Bridge, at mile 8.2, and the U.S. 13A
Bridge, at mile 8.2, both across Broad Creek in Laurel, DE; the SR 36
Bridge, at mile 0.5, over Cedar Creek in Cedar Beach; and SR 13 Bridge,
at mile 39.6, across Nanticoke River in Seaford, DE. This final rule
allows the bridges to open on signal if advance notice is given at
different times from 4 to 48 hours. This change will eliminate the
continual attendance of draw tender services during the non-peak
boating periods while still providing for the reasonable needs of
navigation.
DATES: This rule is effective October 11, 2006.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD05-06-044 and are available for inspection or
copying at Commander (dpb), Fifth Coast Guard District, Federal
Building, 1st Floor, 431 Crawford Street, Portsmouth, VA 23704-5004
between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays. The Fifth Coast Guard District maintains the public docket
for this rulemaking.
FOR FURTHER INFORMATION CONTACT: Waverly W. Gregory, Jr., Bridge
Administrator, Fifth Coast Guard District, at (757) 398-6222.
SUPPLEMENTARY INFORMATION:
Regulatory History
On June 29, 2006, we published a notice of proposed rulemaking
(NPRM) entitled ``Drawbridge Operation Regulation; Broad Creek, Cedar
Creek, and Nanticoke River, DE'' in the Federal Register (71 FR 37024).
We received no comments on the proposed rule. No public meeting was
requested, and none was held.
Background and Purpose
DelDOT, who owns and operates the Poplar Street Bridge and the U.S.
13A Bridge, at mile 8.2, both across Broad Creek in Laurel; the SR 36
Bridge, at mile 0.5, over Cedar Creek in Cedar Beach; and the SR 13
Bridge, at mile 39.6, across Nanticoke River in Seaford, requested
advance notification for vessel openings and a reduction in draw tender
services for the following explanations:
Broad Creek
In the closed-to-navigation position, the Poplar Street Bridge,
mile 8.2, and the U.S. 13A Bridge, mile 8.2, both in Laurel, have
vertical clearances of five feet and two feet, above mean high water,
and eight feet and five feet, above mean low water, respectively. The
existing operating regulations for these drawbridges are set out in 33
CFR 117.233, which requires the bridges, along with the Conrail Bridge
(at mile 8.0) in Laurel, to open on signal if at least four hours
notice is given.
DelDOT provided information to the Coast Guard about the conditions
and reduced operational capabilities of the draw spans. Due to the
infrequency of requests for vessel openings of the drawbridge for the
past 10 years, the final rule changes the current operating regulations
by requiring the draw spans
[[Page 53324]]
to open on signal if at least 48 hours notice is given year-round.
Cedar Creek
The SR 36 Bridge, at mile 0.5 in Cedar Beach, has a vertical
clearance of two feet, above mean high water, and six feet, above mean
low water, in the closed-to-navigation position. The existing
regulation is listed at 33 CFR 117.5, which requires the bridge to open
on signal.
Bridge opening data submitted by DelDOT revealed significantly
fewer openings at certain hours of the night in the spring and summer
months; and during the fall and winter months. The bridge logs also
show the majority of drawbridge openings were performed year-round
between the hours of 6 a.m. and 6:30 p.m. This final rule requires the
draw to open on signal from April 1 through November 30, except from 2
a.m. to 4 a.m., when at least four hours notice must be given. From 6
a.m. to 6:30 p.m., from December 1 through March 31, the draw will open
on signal. At all other times, the draw will open on signal if at least
four hours notice is given.
These changes reduce bridge tender services required at the SR 36
Bridge due to the decrease in vessel opening requests.
Nanticoke River
The SR 13 Bridge, at mile 39.6, in Seaford has a vertical clearance
of three feet, above mean high water and seven feet, above mean low
water in the closed-to-navigation position. The existing regulation
found at 33 CFR 117.5 requires the bridge to open on signal.
Bridge opening data submitted by DelDOT revealed significantly
fewer openings between the hours of 8 a.m. and 6 p.m. in the spring and
summer months; and on weekdays in the fall and winter months.
The final rule requires the draw to open on signal from 8 a.m. to 6
p.m. from April 1 through October 31; and at all other times, if at
least four hours notice is given. From 7:30 a.m. to 3 p.m., from
November 1 through March 31, on weekends (Saturdays and Sundays), the
draw will open on signal; and at all other times, if at least four
hours notice is given.
These changes reduce bridge tender services required at the SR 13
Bridge due to the decrease in vessel opening requests.
Discussion of Comments and Changes
The Coast Guard did not receive any comments on the NPRM.
Therefore, no changes were made to the final rule.
Discussion of Rule
Broad Creek
The Coast Guard is revising 33 CFR 117.233, which governs the
Conrail Bridge, mile 8.0, the Poplar Street bridge, mile 8.2 and the
U.S. 13A bridge, mile 8.2, all in Laurel.
The current regulation is divided into paragraphs (a) and (b) by
this final rule. New paragraph (a) contains the existing rule for the
Conrail Bridge, mile 8.0, in Laurel and states that the draw shall open
on signal if at least four hours notice is given.
Paragraph (b) contains the requirements for the Poplar Street
Bridge, mile 8.2 and the U.S. 13A Bridge, mile 8.2, both in Laurel. The
final rule requires the drawbridges to open on signal if at least 48
hours notice is given.
Cedar Creek
A new Sec. 117.234, allows SR 36 Bridge, mile 0.5 in Cedar Beach,
to open on signal from April 1 through November 30, except from 2 a.m.
to 4 a.m., if at least four hours notice is given.
From December 1 through March 31, from 6 a.m. to 6:30 p.m., the
draw will open on signal; and at all other times, if at least four
hours notice is given.
Nanticoke River
In 33 CFR 117.243, this final rule redesignates paragraphs (a)
through (c) as paragraph (a)(1) through (a)(3). The redesignated
paragraph (a) contains the existing rules for the Norfolk Southern
Railway Bridge, mile 39.4, at Seaford. The contact information for
advance notice at the Norfolk Southern Railway Bridge is changed to the
``train dispatcher'' vice ``bridge tender.'' the telephone numbers are
changed to (717) 215-0379 or (609) 412-4338.
The redesignated paragraph (b) contains the requirements for the SR
13 Bridge, mile 39.6, in Seaford. The final rule requires the draw to
open on signal from 8 a.m. to 6 p.m. from April 1 through October 31;
and at all other times, if at least four hours notice is given. From
7:30 a.m. to 3 p.m., from November 1 through March 31, on weekends
(Saturdays and Sundays), the draw will open on signal; and at all other
times, if at least four hours notice is given.
Regulatory Evaluation
This 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 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 these changes have only a minimal impact on maritime traffic
transiting the bridge. Mariners can plan their trips in accordance with
the scheduled bridge openings, to minimize delays.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 rule
would not have a significant economic impact on a substantial number of
small entities.
This rule would not have a significant economic impact on a
substantial number of small entities for the following reason. The rule
only adds minimal restrictions to the movement of navigation, and
mariners who plan their transits in accordance with the scheduled
bridge openings can minimize delay.
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 rule so that they can better evaluate
its effects on them and participate in the rulemaking process. No
assistance was requested from any small entity.
Collection of Information
This rule calls 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
[[Page 53325]]
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 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 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 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 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 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.
Energy Effects
We have analyzed this 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have concluded
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, this rule is categorically excluded, under figure 2-1,
paragraph (32)(e) of the Instruction, from further environmental
documentation because it has been determined that the promulgation of
operating regulations for drawbridges are categorically excluded.
List of Subjects in 33 CFR Part 117
Bridges.
0
For the reasons discussed in the preamble, the Coast Guard amends 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; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. Revise Sec. 117.233 to read as follows:
Sec. 117.233 Broad Creek.
(a) The draw of the Conrail Bridge, mile 8.0 at Laurel, shall open
on signal if at least four hours notice is given.
(b) The draws of the Poplar Street Bridge, mile 8.2, and the U.S.
13A Bridge, mile 8.2, all at Laurel, shall open on signal if at least
48 hours notice is given.
0
3. Add new Sec. 117.234 to read as follows:
Sec. 117.234 Cedar Creek.
The SR 36 Bridge, mile 0.5 in Cedar Beach, shall open on signal.
From April 1 through November 30 from 2 a.m. to 4 a.m.; and from
December 1 through March 31 from 6:30 p.m. to 6 a.m., the draw shall
open on signal if at least four hours notice is given.
0
4. Revise Sec. 117.243 to read as follows:
Sec. 117.243 Nanticoke River.
(a) The draw of the Norfolk Southern Railway Bridge, mile 39.4 in
Seaford, will operate as follows:
(1) From March 15 through November 15, the draw will open on signal
for all vessels except that from 11 p.m. to 5 a.m. at least 2\1/2\
hours notice will be required.
(2) At all times, from November 16 through March 14, the draw will
open on signal if at least 2\1/2\ hours notice is given.
(3) When notice is required, the owner operator of the vessel must
provide the train dispatcher with an estimated time of passage by
calling (717) 215-0379 or (609) 412-4338.
(b) The draw of the SR 13 Bridge, mile 39.6 in Seaford, shall open
on signal, except from 6 p.m. to 8 a.m., from April 1 through October
31; from November 1 through March 31, Monday to Friday, and on Saturday
and Sunday from 3:30 p.m. to 7:30 a.m., if at least four hours notice
is given.
Dated: August 25, 2006.
L.L. Hereth,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard
District.
[FR Doc. E6-14984 Filed 9-8-06; 8:45 am]
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