[Federal Register Volume 78, Number 16 (Thursday, January 24, 2013)]
[Proposed Rules]
[Pages 5156-5158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-01355]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2012-1085]
RIN 1625-AA09


Drawbridge Operation Regulation; Christina River, Wilmington, DE

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify the operating schedule that 
governs the Third Street Bridge at mile 2.3, the Walnut Street Bridge 
at mile 2.8, and the Market Street Bridge at mile 3.0, all located on 
the Christina River in Wilmington, DE. Since the three drawbridges are 
located near one another and the few vessels that do transit this 
waterway usually go through all three bridges, it is proposed that all 
the bridges open on the same eight hour advance notice. This proposal 
would change the current regulations by allowing the Third Street and 
Walnut Street drawbridges to be opened in sequence with the same eight 
hour advance notice currently given to the Market Street drawbridge. 
This proposed schedule clarifies the sequencing of the three drawbridge 
openings, and provides for the reasonable needs of navigation.

DATES: Comments and related material must be received by the Coast 
Guard on or before March 11, 2013.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-1085 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries will 
be accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments. To avoid duplication, please use only one of these 
methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Terrance A. Knowles, Environmental Protection 
Specialist, Fifth Coast Guard District, at (757) 398-6587, 
[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. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. All comments received will be posted, 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2012-1085), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (http://www.regulations.gov), or by fax, mail or hand delivery, 
but please use only one of these means. If you submit a comment online 
via http://www.regulations.gov, it will be considered received by the 
Coast Guard when you successfully transmit the comment. If you fax, 
hand delivery, or mail your comment, it will be considered as having 
been received by the Coast Guard when it is received at the Docket 
Management Facility. We recommend that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so that we can contact you if we have questions regarding 
your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number (USCG-2012-1085) in the ``SEARCH'' box and click 
``SEARCH''. Click on the ``Submit a Comment'' on the line associated 
with this notice of proposed rulemaking. If you submit your comments by 
mail or hand delivery, submit them in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying and electronic filing. If you 
submit them by mail and would like to know that they

[[Page 5157]]

reached the Facility, please enclose a stamped, self-addressed postcard 
or envelope. We will consider all comments and material received during 
the comment period and may change the rule based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2012-1085) in the ``SEARCH'' box and click 
``SEARCH''. Click on Open Docket Folder on the line associated with 
this notice of proposed rulemaking. You may also visit either the 
Docket Management Facility in Room W12-140 on the ground floor of the 
Department of Transportation West Building, 1200 New Jersey Avenue SE., 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. You may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain 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.

B. Regulatory History and Information

    The current Drawbridge Operation Regulation, 33 CFR 117.237(c), for 
the Christina River, Third Street drawbridge at mile 2.3 and the Walnut 
Street drawbridge at mile 2.8, in Wilmington, DE requires both of the 
bridges to open on signal, and that the Market Street drawbridge at 
mile 3.0, open on signal with eight hours advance notice.

C. Basis and Purpose

    The Delaware Department of Transportation (DELDOT) who owns and 
operates these bascule-type drawbridges has requested a permanent 
change to the existing bridge regulations, allowing the Third Street 
and Walnut Street bridges to also open on signal with eight hours 
advance notice as does the Market Street Bridge. This proposed schedule 
allows for all three of the drawbridges to be opened in sequence on the 
same opening request if required. Vessel traffic on this part of the 
Christina River consists of a few commercial and pleasure craft.
    Three vessels cause 97% of the openings at the three bridges: The 
Kalmar Nyckel sail ship, the River Taxi, and the River Boat Queen. The 
Market Street bridge has the most restrictive vertical clearance of the 
three drawbridges (8 feet above mean high water), and was opened a 
total 578 times in 2011. In 2011, the Walnut Street Bridge was opened 
244 times and the Third Street Bridge was opened 250 times. The River 
Taxi does not require an opening to pass under the Third and Walnut 
Street Bridges.

D. Discussion of Proposed Rule

    Our proposed change to 33 CFR 117.237(c) would allow for a more 
ordered process of transiting through the three draw spans while 
providing for the reasonable needs of navigation. The Market Street 
Drawbridge presently opens with 8 hours advance notice and it is 
proposed that both the Third Street and Walnut Street bridges open on 
the same 8 hour notice when needed.
    In addition, a text modification is required to remove the last 
sentence in paragraph 117.237(c) ``The draws of these bridges shall 
open at all times as soon as possible for passage of a public vessel of 
the United States''. This sentence is being removed because it is 
already addressed in paragraph 117.31(b)(1).

E. Regulatory Analyses

    We developed this proposed 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 proposed 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 proposed changes are expected to have minimal impact on 
mariners due to the low number of vessels requiring openings on the 
river. In addition, because an 8-hour advance notice is currently 
required for the Market Street Bridge opening, it is understood that 
time for passage through all three bridges, under the proposed rule, 
will be consistent with the current regulation.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. 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 will not have a significant economic impact on a 
substantial number of small entities because only a few vessels transit 
through all three of the bridges and it is rare that in such cases any 
vessel stops between the three bridges. Most commercial traffic will 
leave and return during the day. The proposed rule would possibly 
affect small entities such as owners/operators of vessels needing to 
transit through the three bridges but requiring more than eight feet of 
vertical clearance (most restrictive bridge). These vessels can 
minimize delays and plan their transits in accordance with the proposed 
opening schedule.
    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.

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 proposed 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. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

4. 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.).

[[Page 5158]]

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 proposed rule under that Order and 
have determined that it does not have implications for federalism.

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 proposed rule will not 
result in such expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would 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 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.

10. 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.

11. 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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed 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 made a preliminary determination that this action is one of a 
category of actions which do not individually or cumulatively have a 
significant effect on the human environment. This proposed rule 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. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

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 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; Department of Homeland 
Security Delegation No. 0170.1.

0
2. In Sec.  117.237, revise paragraph (c) to read as follows:


Sec.  117.237  Christina River.

* * * * *
    (c) The draws of the Third Street Bridge at mile 2.3, the Walnut 
Street Bridge at mile 2.8, and the Market Street Bridge at mile 3.0, 
located in Wilmington, DE shall all open on signal if at least eight 
hours notice is given. From 7 a.m. to 8 a.m. and 4:30 p.m. to 5:30 
p.m., Monday through Saturday except holidays, the draws of these three 
bridges need not be opened for the passage of vessels. Any vessel which 
has passed through one or more of these bridges immediately prior to a 
closed period and which requires passage through the other bridge or 
bridges in order to continue to its destination shall be passed through 
the draw or draws of the bridge or bridges without delay.
* * * * *

    Dated: January 11, 2013.
Steven H. Ratti,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2013-01355 Filed 1-23-13; 8:45 am]
BILLING CODE 9110-04-P