[Federal Register Volume 79, Number 55 (Friday, March 21, 2014)]
[Rules and Regulations]
[Pages 15686-15688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06264]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2013-0778]
RIN 1625-AA09
Drawbridge Operation Regulation; Broad Creek, Laurel, DE
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 Poplar Street Bridge, mile 8.2, and the U.S. 13A
Bridge over Broad Creek, mile 8.25, both at Laurel, DE. The new rule
will change the current regulation requiring a forty-eight hour advance
notice and allow the bridges to remain in the closed position for the
passage of vessels. There have been no requests for openings since
1975.
DATES: This rule is effective April 21, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0778. 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 Mrs. Jessica Shea, Fifth Coast Guard District Bridge
Administration Division, Coast Guard; telephone 757-398-6422, email
[email protected]. If you have questions on viewing the docket,
call Cheryl Collins, 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
Sec. Section Symbol
U.S.C. United States Code
A. Regulatory History and Information
On November 8, 2013, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulation; Broad Creek, Laurel,
DE in the Federal Register (78 FR 67084). We received 1 comment on the
proposed rule. No public meeting was requested, and none was held.
B. Basis and Purpose
The bridge owner, DELDOT, requested a change in the operation
regulation for the Poplar Street Bridge, mile 8.2, and U.S. 13A Bridge,
mile 8.25, across Broad Creek. DELDOT provided Bridge logs dating back
to 1975 for both bridges, which demonstrated to the Coast Guard that
there have been no requests to open the bridges for the past 29 years.
The Coast Guard will allow the above mentioned bridges to remain in the
closed to navigation position in accordance with 33 CFR 117.39. In the
closed to navigation position, the bridge need not open for the passage
of vessels.
In the closed position, the Poplar Street Bridge, mile 8.2, has a
vertical clearance of five feet above mean high water and eight feet
above mean low water. In the closed position, the U.S. 13A Bridge, mile
8.25, has a vertical clearance of two feet above mean high water and a
vertical clearance of five feet above mean low water. Vessels which can
safely transit under the bridges in the closed to navigation position
can do so at any time.
C. Discussion of Comments, Changes and the Final Rule
The comment made in response to the NPRM was in favor of the need
not open status. There were no changes made to what was proposed in the
NPRM and this Final Rule as a result of this comment.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 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
[[Page 15687]]
not reviewed it under those Orders. Based on the DELDOT bridge tender
logs, no vessels will be adversely impacted by this regulation because
there is no record of actual openings or requests for an opening since
1975.
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. This rule would affect the following
entities, some of which might be small entities: owners and operators
of vessels intending to transit in that portion of Broad Creek that
cannot transit under the Poplar Street Bridge and the U.S. 13A Bridge
during mean high water. Due to the fact that there have been no
requests for openings in nearly 30 years, this final rule will not have
a significant economic impact on a substantial number of small
entities. 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.
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 final rule. If the rule affects 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. The Coast Guard will not retaliate against
small entities that question or complain about this final 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 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 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 that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves 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; Department of Homeland
Security Delegation No. 0170.1.
[[Page 15688]]
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2. Revise Sec. 117.233(b) to read as follows:
Sec. 117.233 Broad Creek.
* * * * *
(b) The draws of the Poplar Street Bridge, mile 8.2, and the U.S.
13A Bridge, mile 8.25, both at Laurel, need not open for the passage of
vessels.
Dated: March 6, 2014.
Steven H. Ratti,
Rear Admiral, United States Coast Guard Commander, Fifth Coast Guard
District.
[FR Doc. 2014-06264 Filed 3-20-14; 8:45 am]
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