[Federal Register Volume 78, Number 192 (Thursday, October 3, 2013)]
[Rules and Regulations]
[Pages 61180-61182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-24154]


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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: Final rule.

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SUMMARY: The Coast Guard is changing the operating schedule that 
governs the Walnut Street Bridge at mile 2.8, and the Market Street 
Bridge at mile 3.0, both located on the Christina River in

[[Page 61181]]

Wilmington, DE. Originally it was also proposed that the Third Street 
Drawbridge at mile 2.3 be included in this rule change but that request 
was withdrawn. Since the two other drawbridges are located near one 
another and the few vessels that do transit this waterway usually go 
through all three bridges, the Walnut Street and Market Street bridges 
will now open on the same eight hour advance notice. This rule will 
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 presently given to the Market Street drawbridge. This 
schedule clarifies the sequencing of these drawbridge openings, and 
provides for the reasonable needs of navigation.

DATES: This rule is effective November 4, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
number USCG-2012-1085. To view documents mentioned in this preamble as 
being available in the docket, go to http://www.regulations.gov, type 
the docket number in the ``SEARCH'' box and click ``SEARCH''. Click on 
Open Docket Folder on the line associated with this rulemaking. You may 
also visit 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 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, call 
Barbara Hairston, Program Manager, Docket Operations, telephone 202-
366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

CFR Code of Federal Regulations
DELDOT Delaware Department of Transportation
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    On January 24, 2013, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation; Christina River, 
Wilmington, DE in the Federal Register (78 FR 5156). We received one 
comment on the proposed rule. No public meeting was requested, and none 
was held.

 B. Basis and Purpose

    The Delaware Department of Transportation (DELDOT) who owns and 
operates these bascule-type drawbridges have requested a permanent 
change to the existing bridge regulations, allowing the Walnut Street 
bridge to also open on signal with eight hours advance notice as does 
the Market Street Bridge. This schedule allows for both 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 make-up 97% of the number of openings at these 
bridges: The Kalmar Nyckel sail ship, the River Taxi, and the River 
Boat Queen. The Market Street bridge has the most restrictive clearance 
of the three (8 ft. vertical clearance), and was opened a total 578 
times in 2011. In 2011 the Walnut Street Bridge was opened 244 times. 
The River Taxi does not require an opening to pass under the Walnut 
Street Bridge. The Third Street Bridge was opened 250 times, but it 
will continue to open on signal.

C. Discussion of Comments, Changes and the Final Rule

    The City of Wilmington Fire Department requested that the Third 
Street Bridge continue to have a bridge tender to open it on signal 
twenty-four hours per day, as it is currently regulated. The Fire Chief 
wanted a bridge tender to be available to open all the bridges during 
an emergency. DELDOT agreed with this proposal and now only Market 
Street and Walnut Street Bridges will require 8 hours advance notice.
    The Coast Guard will not finalize the proposed change to the 
operating schedule that governs the Third Street Drawbridge. Since the 
two other drawbridges are located near one another and the few vessels 
that do transit this waterway usually go through all three bridges, the 
Walnut Street and Market Street bridges will now open on the same eight 
hour advance notice.
    This rule changes the current regulations by allowing the Third 
Street and Walnut Street drawbridges to be opened in sequence with the 
same eight hour advance notice presently given to the Market Street 
drawbridge.
    We are also modifying the existing regulations by removing the last 
sentence in 33 CFR 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 redundant 
and already exists in 33 CFR 117.31(b)(1).

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

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (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 rule will not have a significant economic impact on a 
substantial number of small entities because only a few vessels transit 
through both these bridges and it is rare that in such cases any vessel 
stops between the bridges being regulated. Most commercial traffic will 
leave and return during the day. This rule would possibly affect small 
entities such as owners/operators of vessels needing to transit through 
the bridges but requiring more than eight feet of vertical clearance 
(the most vertically restrictive Market Street

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Bridge). These vessels can minimize delays and plan their transits in 
accordance with the opening schedule.

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.

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 expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

8. Taking of Private Property

    This 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 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 would 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 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

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. This rule simply promulgates the operating regulations or 
procedures for drawbridges. The Christina River, Walnut Street and 
Market Street bridges will only open with eight hours of advance 
notice. 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; 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) In Wilmington DE, the draw of the Third Street Bridge at mile 
2.3, shall open on signal, the draws of the Walnut Street Bridge at 
mile 2.8, and the Market Street Bridge at mile 3.0, shall 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: September 18, 2013.
S.H. Ratti,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2013-24154 Filed 10-2-13; 8:45 am]
BILLING CODE 9110-04-P