[Federal Register Volume 77, Number 201 (Wednesday, October 17, 2012)]
[Rules and Regulations]
[Pages 63727-63729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25550]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2012-0625]
RIN 1625-AA09


Drawbridge Operation Regulation; Schuylkill River, Philadelphia, 
PA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the regulation that governs the 
operation of the Conrail Bridge over the Schuylkill River, mile 6.4 
near Christian Street, at Philadelphia, PA. The new rule will change 
the bridge name to CSX Bridge and the current regulation requiring a 
two hour advance notice to allow the bridge to remain in the closed 
position for the passage of vessels. There have been no requests for 
openings in 13 years.

DATES: This rule is effective November 16, 2012.

[[Page 63728]]


ADDRESSES: Comments and related materials received from the public, as 
well as documents mentioned in this preamble as being available in the 
docket, are part of docket USCG-2012-0625 and are available online by 
going to http://www.regulations.gov, inserting USCG-2012-0625 in the 
``Keyword'' box, and then clicking ``Search.'' This material is also 
available for inspection or copying at the Docket Management Facility 
(M-30), U.S. Department of Transportation, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Jim Rousseau, Bridge Management Specialist, Fifth Coast 
Guard District; telephone 757-398-6557, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section Symbol
U.S.C. United States Code

A. Regulatory History and Information

    On August 10, 2012, we published a NPRM entitled Drawbridge 
Operation Regulation; Schuylkill River, Philadelphia, PA in the FR (77 
FR 47792). We received no comments on the proposed rule. No public 
meeting was requested, and none was held.

B. Basis and Purpose

    CSX Transportation has requested a change in name and the operation 
regulation of the Conrail Bridge across Schuylkill River, mile 6.4, at 
Philadelphia PA. In 1999, CSX acquired the Conrail Bridge but never 
changed the name. From the time of purchase up to the present day, the 
Conrail Bridge has been an active and heavily used CSX railroad line. 
The bridge supports 51 MGT of freight every year. However, over the 
past 13 years the bridge logs show that there has been no request 
requiring an opening at the bridge. Therefore, the Coast Guard 
authorizes the above mentioned bridge to remain in the closed to 
navigation position in accordance with 33 CFR 117.39.
    The vertical clearance of the Swing Bridge is 26 feet above mean 
high tide in the closed position and unlimited in the open position. 
The current operating schedule for the bridge is set out in 33 CFR 
117.905(e). The current two hour advance notice is no longer necessary 
because of the lack of openings.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard will revise 33 CFR 117.905(e) for the Conrail 
Bridge over Schuylkill River, mile 6.4, at Philadelphia, PA. The 
current regulation states: The draw of the Conrail Bridge, mile 6.4 
near Christian Street, Philadelphia, shall open on signal if at least 
two hours notice is given. The new regulation would change the bridge 
name to CSX Bridge and allow the bridge to not open for the passage of 
vessels. The change of the operating regulation will reflect the 
current use of the waterway and not inhibit those vessels from 
transiting under the bridge. Pursuant to the NPRM, there was a comment 
period of 30 days and no comments were received.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Order 12866 or under 
section 1 of Executive Order 13563. The Office of Management and Budget 
has not reviewed it under those Orders. The change is expected to have 
minimal impact on mariners, because there have been no requests for 
openings for the past 13 years, and there is no anticipated change to 
vessel traffic.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 received no comments from the Small Business 
Administration on this rule. The Coast Guard certifies under 5 U.S.C. 
605(b) that this rule will not have a significant economic impact on a 
substantial number of small entities. This final rule would affect the 
following entities, some of which might be small entities: The owners 
and operators of vessels intending to transit in that portion of the 
Schuylkill River that have a mast height of greater than 26 feet. Due 
to the fact that there have been no requests for openings in 13 years, 
this final rule will not have a significant economic impact on a 
substantial number of small entities.

3. 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. 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 the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). 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.

4. 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.).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it does not have implications for federalism.

[[Page 63729]]

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the For Further 
Information Contact section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 (adjusted for 
inflation) 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. 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.

10. 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 might 
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it will 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.

12. 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.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guides the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have concluded 
that this action is one of a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment because it simply promulgates the operating regulations or 
procedures for drawbridges. This rule is categorically excluded, under 
figure 2-1, paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the 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; 33 CFR 1.05-1; and Department of 
Homeland Security Delegation No. 0170.1.

0
2. Revise Sec.  117.905(e) to read as follows:


Sec.  117.905  Schuylkill River.

* * * * *
    (e) The draw of the CSX Bridge, mile 6.4 near Christian Street, 
Philadelphia, need not be opened for the passage of vessels.

    Dated: September 28, 2012.
Steven H. Ratti,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard 
District.
[FR Doc. 2012-25550 Filed 10-16-12; 8:45 am]
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