[Federal Register: December 27, 2006 (Volume 71, Number 248)]
[Rules and Regulations]
[Page 77614-77615]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27de06-12]
[[Page 77614]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD05-06-086]
RIN 1625-AA09
Drawbridge Operation Regulations; Darby Creek, Essington, PA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the drawbridge operation
regulation that governs the Consolidated Rail Corporation (CONRAIL)
Railroad Bridge, at mile 0.3, across Darby Creek in Essington,
Pennsylvania. This change will allow the bridge to be left in the open-
to-navigation position from April 1 through October 31 of every year.
The bridge will only close for the passage of trains and to perform
periodic maintenance. From November 1 to March 31, the bridge will open
on signal, if at least 24 hours notice is given by calling (856) 231-
7088 or (856) 662-8201.
DATES: This rule is effective January 26, 2007.
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 CGD05-06-086 and are 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. 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 Information
On September 11, 2006, we published a notice of proposed rule
(NPRM) entitled ``Drawbridge Operation Regulations; Darby Creek, PA''
in the Federal Register (71 FR 53352). We received no comments on the
proposed rule. No public meeting was requested, and none was held.
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 regulation 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 be lowered only 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 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
agreed to modify the operating regulations of the drawbridge to
accommodate additional vessel traffic.
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
The Coast Guard is revising 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 will be left in the open
position and will 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 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).
This conclusion is 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 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 conclusion is based on the fact the rule would not have a
significant economic impact on a substantial number of 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 (Pub. L. 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 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
[[Page 77615]]
effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect 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,
eliminate 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 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(g); Department of
Homeland Security Delegation No. 0170.1; section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
0
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: December 14, 2006.
L.L. Hereth,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard
District.
[FR Doc. E6-22149 Filed 12-26-06; 8:45 am]
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