[Federal Register Volume 71, Number 125 (Thursday, June 29, 2006)]
[Proposed Rules]
[Pages 37024-37027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10247]


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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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the drawbridge operation

[[Page 37025]]

regulations of four Delaware Department of Transportation (DelDOT) 
bridges: The Poplar Street Bridge, at mile 8.2, and the US 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 proposal would allow 
the bridges to open on signal if advance notice is given at different 
times from 4 to 48 hours. This proposal will eliminate the continual 
attendance of draw tender services during the non-peak boating periods 
while still providing the reasonable needs of navigation.

DATES: Comments and related material must reach the Coast Guard on or 
before August 14, 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 23704-5004. 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-
044, 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

    DelDOT, who owns and operates the Poplar Street Bridge and the US 
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 US 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, DelDOT requested to change the current operating 
regulations by requiring the draw spans 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. The proposed change will 
require 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 would open on signal. At all other times, the draw would open on 
signal if at least four hours notice is given.
    These changes are being requested to 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 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 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 proposed change would require 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 would open on signal; and at all other times, if at least four 
hours notice is given.
    These changes are being requested to reduce bridge tender services 
required at the SR 13 Bridge due to the decrease in vessel opening 
requests.

Discussion of Proposed Rule

Broad Creek

    The Coast Guard proposes to revise 33 CFR 117.233, which governs 
the Conrail Bridge, mile 8.0, the Poplar Street bridge, mile 8.2 and 
the US 13A bridge, mile 8.2, all in Laurel.
    The current paragraph would be divided into paragraphs (a) and (b). 
Paragraph (a) would contain the existing rule for the Conrail Bridge, 
mile 8.0, in Laurel and would state that the draw shall open on signal 
if at least four hours notice is given.
    Paragraph (b) would contain the proposed rules for the Poplar 
Street Bridge, mile 8.2 and the US 13A Bridge, mile 8.2, both in 
Laurel. The proposals would require the drawbridges to open on signal 
if at least 48 hours notice is given.

Cedar Creek

    A new section, 117.234, would be inserted to allow 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.

[[Page 37026]]

    From December 1 through March 31, from 6 a.m. to 6:30 p.m., the 
draw would open on signal; and at all other times, if at least four 
hours notice is given.

Nanticoke River

    In 33 CFR 117.243, this proposed rule redesignate paragraphs (a) 
through (c) as paragraph (a)(1) through (a)(3). The redesignated 
paragraph (a) would contain 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 would be changed 
to the ``train dispatcher'' vice ``bridge tender'' and the new 
telephone numbers at (717) 215-0379 or (609) 412-4338.
    The redesignated paragraph (b) would contain the proposed rules for 
the SR 13 Bridge, mile 39.6, in Seaford. The proposed rule would 
require 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 would open on 
signal; and at all other times, if at least four hours notice is given.
    Text modifications to be consistent with other proposed changes 
would be made in these paragraphs, as appropriate.

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 that the proposed changes have only a minimal impact on 
maritime traffic transiting the bridge. Mariners can plan their trips 
in accordance with the proposed scheduled bridge openings, to minimize 
delays.

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 rule only adds 
minimal restrictions to the movement of navigation, and mariners who 
plan their transits in accordance with the proposed scheduled bridge 
openings can minimize delay.
    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 Waverly W. Gregory, Jr., Bridge 
Administrator, Fifth Coast Guard District, and (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 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 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 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 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.

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

[[Page 37027]]

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 guide 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.

Regulations

    For the 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; 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.

    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 US 13A 
Bridge, mile 8.2, all at Laurel, shall open on signal if at least 48 
hours notice is given.
    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; 
except that 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.
    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 that from April 1 through October 31, from 6 p.m. to 
8 a.m.; and from November 1 through March 31, Monday to Friday; and 
from November 1 through March 31, on Saturday and Sunday, from 3:30 
p.m. to 7:30 a.m., the draw shall open on signal if at least four hours 
notice is given.

    Dated: June 16, 2006.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
 [FR Doc. E6-10247 Filed 6-28-06; 8:45 am]
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