[Federal Register Volume 82, Number 127 (Wednesday, July 5, 2017)]
[Proposed Rules]
[Pages 31036-31038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14068]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0162]
RIN 1625-AA09


Drawbridge Operation Regulation; Nanticoke River, Seaford, 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 SR 13 Bridge across the Nanticoke River, mile 39.6, in 
Seaford, DE. This proposal will require the bridge to open on signal 
every Saturday and Sunday during the winter season, if at least 24 
hours notice is given. This action is necessary to balance bridge 
operations and maintenance with the existing needs of navigation.

DATES: Comments and related material must reach the Coast Guard on or 
before September 5, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0162 using Federal eRulemaking Portal at http://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Mr. Martin A. Bridges, Fifth Coast Guard District 
(dpb), at (757) 398-6422, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background, Purpose and Legal Basis

    The US 13 Bridge across the Nanticoke River, Mile 39.6, in Seaford, 
DE, owned and operated by the Delaware Department of Transportation, 
has a vertical clearance of three feet above mean high water in the 
closed-to-navigation position. There is a monthly average of three 
bridge openings on Saturdays and Sundays, from 7:30 a.m. to 3:30 p.m., 
from November 1 through March 31, which allow one or more vessels to 
transit through the bridge

[[Page 31037]]

during each opening. The bridge is normally maintained in the closed 
position, due to the volume of vehicular traffic crossing the bridge. 
The current operating schedule is published in 33 CFR 117.243(b). The 
Coast Guard's authority to make a permanent change to a drawbridge 
operating schedule is contained in 33 CFR 117.8.
    The Nanticoke River is predominately used by recreational vessels 
and pleasure craft. Data contained in the bridge tender logs provided 
by the Delaware Department of Transportation documenting the three-year 
average number of bridge openings, maximum number of bridge openings, 
and weekend bridge openings between 7:30 a.m. and 3:30 p.m., by month 
and overall for 2014 through 2016, is presented below.

----------------------------------------------------------------------------------------------------------------
                                                                                                     Proposed
                                                                                                     weekends
                                                                      Average         Maximum         average
                              Month                                  openings        openings      openings 7:30
                                                                                                    a.m.- 3:30
                                                                                                       p.m.
----------------------------------------------------------------------------------------------------------------
January.........................................................              11              31               3
February........................................................               1               3               1
March...........................................................              21              53               4
April...........................................................              72              91             N/A
May.............................................................             138             192             N/A
June............................................................             150             168             N/A
July............................................................             280             175             N/A
August..........................................................             198             223             N/A
September.......................................................             144             214             N/A
October.........................................................              51              66             N/A
November........................................................               8              13               5
December........................................................               1               4               1
Monthly.........................................................              89             223               3
Daily...........................................................               3               7              <1
----------------------------------------------------------------------------------------------------------------

    This proposed modification of the operating schedule for the bridge 
is designed to balance bridge operations and maintenance with the 
existing needs of navigation.

III. Discussion of Proposed Rule

    The Delaware Department of Transportation requested to modify the 
operating regulation for the bridge, due to the limited number of 
requested openings of the bridge on Saturday and Sunday, from 7:30 a.m. 
to 3:30 p.m., from November 1 through March 31, over approximately the 
past three years. The data presented in the table above demonstrates 
that the requested modification may be implemented with de minimis 
impact to navigation. The modification requested will require the 
bridge to open on signal on Saturday and Sunday; from 7:31 a.m. to 3:29 
p.m., from November 1 through March 31, if at least 24 hours notice is 
given. All other provisions of 33 CFR 117.243(b) will remain the same.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive Orders related to rulemaking. Below we summarize our 
analyses based on these statutes and Executive Orders and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This is not considered a significant regulatory action. This 
determination is based on the findings that: (1) The potential impact 
is small, given the limited number of vessels requiring a bridge 
opening during the time frame of the proposed modification, and (2) 
vessels will be able to transit through the bridge during the time 
frame of the proposed modification, given the bridge will open on 
signal, if at least 24 hours notice is given.

B. 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 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. The potential impact to all 
vessels is small, given the limited number of vessels requiring a 
bridge opening during the time frame of the proposed modification. All 
vessels will be able to transit through the bridge during the time 
frame of the proposed modification, given the bridge will open on 
signal, if at least 24 hours notice is given.
    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.
    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.

[[Page 31038]]

C. 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.).

D. Federalism and Indian Tribal Government

    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 is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section above.

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.l (series), 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. Normally such actions are categorically excluded from 
further review, under figure 2-1, paragraph (32) (e), of the 
Instruction.
    Under figure 2-1, paragraph (32) (e), of the Instruction, a Record 
of Environmental Consideration (REC) and a Memorandum for the Record 
(MFR) 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.

G. 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this notice and all public comments, are in 
our online docket at http://www.regulations.gov and can be viewed by 
following that Web site's instructions. Additionally, if you go to the 
online docket and sign up for email alerts, you will be notified when 
comments are posted or a final rule is published.

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; and Department of 
Homeland Security Delegation No. 0170.1.


0
2. Revise Sec.  117.243(b) to read as follows:


Sec.  117.243  Nanticoke River.

* * * * *
    (b) The draw of the SR 13 Bridge, mile 39.6, in Seaford shall:
    (1) Open on signal, except from 6 p.m. to 8 a.m., from April 1 
through October 31; from November 1 through March 31, Monday to Friday 
and on Saturday and Sunday from 3:30 p.m. to 7:30 a.m., if at least 
four hours notice is given.
    (2) Open on signal, on Saturday and Sunday, from 7:31 a.m. through 
3:29 p.m., from November 1 through March 31, if at least 24 hours 
notice is given.

    Dated: June 21, 2017.
M.L. Austin,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2017-14068 Filed 7-3-17; 8:45 am]
 BILLING CODE 9110-04-P