[Federal Register Volume 68, Number 67 (Tuesday, April 8, 2003)]
[Rules and Regulations]
[Pages 16953-16955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8525]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD05-02-020]
RIN 1625-AA09


Drawbridge Operation Regulation; Nanticoke River, Seaford, DE

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the regulations that govern the 
operation of the Norfolk Southern Railroad Bridge across the Nanticoke 
River, mile 39.4, in Seaford, Delaware. The final rule will increase 
bridge openings by extending the daytime hours of operation and 
reducing the required signal time for opening the draw. The change will 
reduce delays for navigation by allowing more draw openings.

DATES: This rule is effective May 8, 2003.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as available in the docket, are 
part of docket CGD05-02-020 and are available for inspection or copying 
at Commander (oan), Fifth Coast Guard District, Federal Building, 4th 
Floor, 431 Crawford Street, Portsmouth, Virginia 23704-5004 between 8 
a.m. and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Terrance Knowles, Environmental 
Protection Specialist, Fifth Coast Guard District, at (757) 398-6587.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On August 6, 2002, a notice of proposed rulemaking (NPRM) entitled 
``Drawbridge Operation Regulations; Nanticoke River, Seaford, 
Delaware'' was published in the Federal Register (67 FR 50844). No 
comments on the proposed rule were received. No public hearing was 
requested, nor held.

Background and Purpose

    The Nanticoke River Bridge is owned and operated by Norfolk 
Southern Railroad. 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. and 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 Town of Blades and Seaford. This bridge is 
one of two railways supplying the southern Delmarva Peninsula. Mariners 
do not have an alternate route. The Town of Blades 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 asserted that the present regulation for this bridge is too 
restrictive for the increased number of mariners. Blades Economic 
Development Commission (BEDCO) has built an 87-slip marina in the Town 
of Blades, upstream from the bridge. The marina is now open, and the 
drawbridge needs to 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 also asserts that this economic development project 
will draw more than the 87 mariners already projected for the marina.
    The Town of Blades requested permission to increase the number of 
hours the bridge will be open to water

[[Page 16954]]

craft 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 will 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 
aforementioned indicates that it would be advantageous to change the 
drawbridge operating regulations. The Coast Guard believes that this 
rule change is needed and will expedite and not overburden marine 
traffic.
    Due to the fact that the final rule will increase time/openings, 
all of which the bridge owner has agreed to, we anticipate only 
positive impacts on the boating community.
    This final rule will revise 33 CFR 117.243, which regulates the 
scheduled openings of the Norfolk Southern Railroad Bridge across the 
Nanticoke River at mile 39.4.

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.

Regulatory Evaluation

    This final 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, l979).
    We expect the economic impact of this final 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 these changes 
will not impede but enhance maritime traffic transiting the bridge, 
while still providing for the needs of the bridge owner.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this final rule will 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 final 
rule will not have a significant economic impact on a substantial 
number of small entities.
    This final rule will 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking. In our notice of 
proposed rulemaking we provided a point of contact to small entities 
who could answer questions concerning proposed provisions or options 
for compliance.

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 could 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 effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will 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, 
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 does not create an 
environmental risk to health or risk to safety that may 
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. 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 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 final rule only involves the operation 
of an existing drawbridge and will not have any impact on the 
environment. A ``Categorical Exclusion Determination'' is available in 
the docket where indicated under ADDRESSES.

[[Page 16955]]

List of Subjects in 33 CFR Part 117

    Bridges.

0
For 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; 33 CFR 1.05-1(g); Sec.  117.255 also issued 
under authority of Pub. L. 102-587, 106 Stat. 5039.

0
2. Sec.  117.243 is revised to read as follows:


Sec.  117.243  Nanticoke River.

    The draw of the Norfolk Southern Railway Bridge across the 
Nanticoke River, at mile 39.4, at Seaford, Delaware will operate as 
follows:
    (a) 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.
    (b) 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.
    (c) 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: March 31, 2003.
James D. Hull,
Vice Admiral, U. S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 03-8525 Filed 4-7-03; 8:45 am]
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