[Federal Register Volume 72, Number 25 (Wednesday, February 7, 2007)]
[Rules and Regulations]
[Pages 5617-5619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1976]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD05-06-089]
RIN 1625-AA09
Drawbridge Operation Regulations; Lewes and Rehoboth Canal,
Lewes, DE and Rehoboth, DE; Mispillion River, Milford, DE
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the drawbridge operation
regulations of three Delaware Department of Transportation (DelDOT)
bridges: the Savannah Road/SR 18 Bridge, at mile 1.7, in Lewes, the SR
14A Bridge, at mile 6.7, in Rehoboth, and the S14 Bridge, at mile 11.0,
across Mispillion River at Milford, DE. This final rule will allow the
Savannah Road/SR 18 Bridge to open on signal if 4 hours advance notice
is given and allow the SR 14A and S14 Bridges to open on signal if 24
hours advance notice is given. This change will provide longer advance
notification for vessel openings from 4 hours to 24 hours while still
providing for the reasonable needs of navigation.
DATES: This rule is effective March 9, 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 CGD05-06-089 and are available for inspection or
copying at Commander (dpb), Fifth Coast Guard District, Federal
Building, 1st Floor, 431 Crawford Street, Portsmouth, VA 23704-5004
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 History
On October 5, 2006, we published a notice of proposed rulemaking
(NPRM) entitled ``Drawbridge Operation Regulation; Lewes and Rehoboth
Canal, Mispillion River, DE'' in the Federal Register (71 FR 58776). We
received one comment on the proposed rule. No public meeting was
requested, and none was held.
Background and Purpose
DelDOT, who owns and operates the Savannah Road/SR 18 Bridge, at
mile 1.7, in Lewes, the SR 14A Bridge, at mile 6.7, in Rehoboth, and
the S14 Bridge, at mile 11.0, across Mispillion River at Milford,
requested longer advance notification for vessel openings from 2 hours
to 24 hours for the following reasons:
Lewes and Rehoboth Canal
In the closed-to-navigation position, the Savannah Road/SR 18
Bridge, at mile 1.7, in Lewes and the SR 14A Bridge, at mile 6.7, in
Rehoboth, have vertical clearances of 15 feet and 16 feet, above mean
high water, respectively. The existing operating regulation for these
drawbridges is set out in 33 CFR 117.239, which requires the bridges to
open on signal from May 1 through October 31 from 7 a.m. to 8 p.m. and
from 8 p.m. to 7 a.m. if at least two hours notice is given. From
November 1 through April 30, the draws shall open if at least 24 hours
notice is given.
DelDOT provided information to the Coast Guard about the conditions
and reduced operational capabilities of the draw spans. Due to the
infrequency of requests for vessel openings of the drawbridge for the
past 10 years, DelDOT requested that we amend the current operating
regulation by requiring the draw spans to open on signal if at least 24
hours notice is given year-round.
Mispillion River
The S14 Bridge, at mile 11.0 in at Milford, has a vertical
clearance of five feet, above mean high water, in the closed-to-
navigation position. The existing regulation is listed at 33 CFR
117.241, which requires the bridge to open on signal if at least two
hours notice is given. Due to the infrequency of requests for vessel
openings of the drawbridge for the past 10 years, DelDOT requested that
we amend the current operating regulation by requiring the draw spans
to open on
[[Page 5618]]
signal if at least 24 hours notice is given year-round.
Discussion of Comments and Changes
The Coast Guard received one comment on the NPRM from the City of
Lewes (the City). The City requested that, with respect to the Savannah
Road/SR 18 Bridge, the Coast Guard provide for opening the bridge on
four-hour notice between May 1 and October 30 of each year, instead of
the 24-hour notice proposed in the NRPM.
DelDOT indicated that to ensure reliability and safe performance by
bridge operators, a four to six-hour advance notice is actually needed
to respond to requests by boaters. Therefore, the Coast Guard
considered the change to require at least four hours advance notice by
boaters to be safer and more reliable for navigation than the 24-hour
proposal and the final rule was changed to reflect this modification.
Discussion of Rule
Lewes and Rehoboth Canal
The Coast Guard will revise 33 CFR 117.239, which governs the
Delaware highway bridges, at miles 1.7 and 6.7, both at Rehoboth. The
bridge names, the statute mile points and the localities in the
paragraph will be changed from the ``Delaware highway bridges miles 2.0
and 7.0 both at Rehoboth'' to the ``Savannah Road/SR18 Bridge, at mile
1.7, in Lewes'' and the ``SR 14A Bridge, at mile 6.7, in Rehoboth''.
These changes will accurately reflect the proper information for these
drawbridges.
The current paragraph will be divided into paragraphs (a) and (b).
Paragraph (a) will contain the final rule for the Savannah Road/SR 18
Bridge, at mile 1.7 in Lewes and will state that the draw shall open on
signal if at least four hours notice is given.
Paragraph (b) will contain the final rule for the SR 14A Bridge, at
mile 6.7, in Rehoboth. The final rule will require the drawbridge to
open on signal if at least 24 hours notice is given.
Mispillion River
The Coast Guard will amend 33 CFR 117.241, which governs the S14
Bridge, at mile 11.0, at Milford by revising the paragraph to read that
the draw shall open on signal if at least 24 hours notice is given.
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 that these changes have only a
minimal impact on maritime traffic transiting the bridge. Mariners can
plan their trips in accordance with the scheduled bridge openings, to
minimize delays.
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 the rule only adds minimal restrictions to the movement of
navigation, and mariners who plan their transits in accordance with the
scheduled bridge openings can minimize delay.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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 effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect 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,
eliminates 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
[[Page 5619]]
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 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; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. Revise Sec. 117.239 to read as follows:
Sec. 117.239 Lewes and Rehoboth Canal.
(a) The draw of the Savannah Road/SR 18 Bridge, at mile 1.7, in
Lewes shall open on signal if at least four hours notice is given.
(b) The draw of the SR 14A Bridge, at mile 6.7, in Rehoboth shall
open on signal if at least 24 hours notice is given.
0
3. Revise Sec. 117.241 to read as follows:
Sec. 117.241 Mispillion River.
The draw of the S14 Bridge, at mile 11.0, at Milford shall open on
signal if at least 24 hours notice is given.
Dated: January 25, 2007.
L.L. Hereth,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard
District.
[FR Doc. E7-1976 Filed 2-6-07; 8:45 am]
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