[Federal Register Volume 67, Number 151 (Tuesday, August 6, 2002)]
[Proposed Rules]
[Pages 50844-50846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19846]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-02-020]
RIN 2115-AE47


Drawbridge Operation Regulations; Nanticoke River, Seaford, DE

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the regulations that govern 
the operation of the Norfolk Southern Railway Bridge across the 
Nanticoke River, mile 39.4, in Seaford, Delaware. The proposed rule 
would allow for increased bridge openings by extending the daytime 
hours of operation and reducing the required advance notice time for 
opening the draw. This proposed rule change would reduce delays for 
navigation by allowing more draw openings.

DATES: Comments and related material must reach the Coast Guard on or 
before September 5, 2002.

ADDRESSES: You may mail comments and related material to Commander 
(Aowb), Fifth Coast Guard District, Federal Building, 4th Floor, 431 
Crawford Street, Portsmouth, Virginia 23704-5004. The Commander (Aowb), 
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 the above address between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ann B. Deaton, 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 (CGD05-02-
020), 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 to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material 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 the Commander, 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

    The Nanticoke River Bridge is owned and operated by Norfolk 
Southern Railway. The regulation in 33 CFR 117.243 requires the 
railroad bridge over the Nanticoke River, mile 39.4, in Seaford, 
Delaware to open on signal from May 1 through September 30 from 8 a.m. 
to 8 p.m. but need not be opened from 8 p.m. to 8 a.m. At all times 
from October 1 through April 30, the draw shall open on signal if at 
least four hours notice is given.
    The bridge connects The Towns of Blades and Seaford. This bridge is 
part of one of two railways supplying the southern Delmarva Peninsula. 
Mariners do not have an alternate route. The Town of Blades has 
requested permission to increase the number of hours the bridge will be 
open to marine traffic due to the increased navigation on the waterway. 
The Town of Blades asserts that the present regulation for this bridge 
is too restrictive for the increased number of mariners. Blades 
Economic Development Commission (BEDCO) is just completing an 87-slip 
marina in the Town of Blades, upstream from the bridge. Once the marina 
is complete, the drawbridge will need to

[[Page 50845]]

be opened more frequently to accommodate the increased flow of maritime 
traffic in this area. As the flow of vessel traffic increases, the 
current operating schedule of the bridge may cause vessel back-ups and 
potential hazardous impacts on navigation.
    The Town of Blades requested permission to increase the number of 
hours the bridge will be open for boats to avoid excessive/hazardous 
vessel back-ups at the bridge. Norfolk Southern Railway and local 
mariners developed an inter-modal compromise. The plan allows for an 
extended amount of time that the draw could be open, while not 
excessively limiting the rail traffic. This compromise will help to 
decrease the back-up of mariners at the bridge and thus avoid 
potentially hazardous/dangerous situations. The Coast Guard believes 
that this proposed rule change is needed and would not overburden 
marine traffic.
    Due to the fact that the proposed rule will increase the number of 
hours the bridge will open, and the bridge owner has agreed to these 
changes, we anticipate only positive impacts on the boating community. 
Therefore, the time for public comment is shortened.

Discussion of Proposed Rule

    This proposed rule will govern the opening schedule of the Norfolk 
Southern drawbridge on the Nanticoke River, Seaford, Delaware. The 
proposed rule will allow the draw to open more frequently, extend the 
summer season and the hours of operation. In the proposed rule, the 
draw will open on signal from 5 a.m. through 11 p.m. from March 15 
through November 15. During the night (11 p.m. to 5 a.m.) from March 15 
to November 15, the draw will open after 2\1/2\ hours notice is given. 
At all times during the remainder of the year, the draw will open after 
2\1/2\ hours notice is given.

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 
Transportation (DOT)(44 FR 11040, February 26, 1979).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary.
    We reached this conclusion based on the fact that this proposed 
rule change will not overburden marine traffic but actually improve the 
quality of navigation on the Nanticoke River.

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.
    This proposed rule would not have a significant economic impact on 
a substantial number of small entities because the regulation removes 
current restrictions on navigation by allowing for an increased number 
of draw openings. In addition, maritime advisories will be widely 
available to users of the river about all proposed regulations and any 
potential impacts to navigation.
    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 (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. 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 Ann B. Deaton, Bridge 
Administrator, Fifth Coast Guard District, (757) 398-6222.

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 proposed 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 would 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, eliminate 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 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.
    To help the Coast Guard establish regular and meaningful 
consultation

[[Page 50846]]

and collaboration with Indian and Alaskan Native tribes, we published a 
notice in the Federal Register (66 FR 36361, July 11, 2001) requesting 
comments on how to best carry out the Order. We invite your comments on 
how this proposed rule might impact tribal governments, even if that 
impact may not constitute a ``tribal implication'' under the Order.

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. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have considered the environmental impact of this proposed rule 
and concluded that, under figure 2-1, paragraph (32)(e), of Commandant 
Instruction M16475.lD, this rule is categorically excluded from further 
environmental documentation. The proposed rule only involves the 
operation of an existing drawbridge and will not have any impact on the 
environment.

List of Subjects 33 CFR Part 117

    Bridges.

    For reasons discussed in the preamble, the Coast Guard proposes to 
amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    1. The authority citation for part 117 continues to read as 
follows:

    Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g); section 
117.255 also issued under authority of Pub. L. 102-587, 106 Stat. 
5039.
    2. Section 117.243 is revised to read as follows:


Sec. 117.243  Nanticoke River.

    (a) The draw of the Norfolk Southern Railway bridge across the 
Nanticoke River, at mile 39.4, at Seaford, Delaware will operate as 
follows:
    (1) From March 15 through November 15 the draw shall open on signal 
for all vessels except that, from 11 p.m. to 5 a.m. at least 2\1/2\ 
hours notice shall 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.
    (b) When notice is required, the owner operator of the vessel must 
provide the bridge tender with an estimated time of passage by calling 
717-541-2151/2140.

    Dated: July 25, 2002.
Arthur E. Brooks,
Captain, U.S. Coast Guard Acting Commander, Fifth Coast Guard District.
[FR Doc. 02-19846 Filed 8-5-02; 8:45 am]
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