[Federal Register Volume 71, Number 248 (Wednesday, December 27, 2006)]
[Rules and Regulations]
[Pages 77614-77615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22149]



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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

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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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