[Federal Register Volume 71, Number 175 (Monday, September 11, 2006)]
[Proposed Rules]
[Pages 53352-53354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14983]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD5-06-086]
RIN 1625-AA09


Drawbridge Operation Regulations; Darby Creek, PA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is proposing to change the operating 
regulations for the Consolidated Rail Corporation (CONRAIL) Railroad 
Bridge, at mile 0.3, across Darby Creek in Essington, Pennsylvania. The 
proposal would allow the bridge to be left in the open-to-navigation 
position from April 1 through October 31 of every year. The bridge 
would only close for the passage of trains and to perform periodic 
maintenance. From November 1 to March 31, the bridge would open on 
signal, if at least 24 hours notice is given by calling (856) 231-7088 
or (856) 662-8201.

DATES: Comments and related material must reach the Coast Guard on or 
before November 13, 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 233704-5004. 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-
086, 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

    CONRAIL owns and remotely operates the railroad drawbridge across 
Darby Creek, at mile 0.3, located in Essington, Pennsylvania. The 
current operating regulations 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 will only be lowered 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 has 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 has agreed to modify the operating regulations of the 
drawbridge to accommodate additional vessel traffic.

Discussion of Proposed Rule

    The Coast Guard proposes to amend 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 would be left in the open 
position and would 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 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 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 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.

[[Page 53353]]

    This proposed rule would not have a significant economic impact on 
a substantial number of small entities for the following reason. This 
proposed rule will have not impact on any 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 (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 process.
    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 (Pub. L. 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, (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 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 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, eliminates 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 does 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 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 guides 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.

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

PART 117--DRAWBRIDGE OPERATIONS REGULATIONS

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


[[Page 53354]]


    Authority: 33 U.S.C. 499; 33 CFR 1.05-1(g); Section 117.255 also 
issued under authority of Public Law 102-587, 106 Stat. 5039.

    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: August 23, 2006.
L.L. Hereth,
Rear Admiral, U. S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E6-14983 Filed 9-8-06; 8:45 am]
BILLING CODE 4910-15-P