[Federal Register Volume 81, Number 103 (Friday, May 27, 2016)]
[Rules and Regulations]
[Pages 33590-33591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12627]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2015-1011]
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 Norfolk Southern Railroad Bridge over Broad Creek,
mile 8.0, at Laurel, DE. This final rule changes the current regulation
requiring a four-hour advance notice and allows the bridge to remain in
the closed to navigation position. This final rule aligns the operating
schedule with the observed lack of marine traffic that requires a
bridge opening and the operating regulations for the Poplar Street and
US Highway 13A, which also cross Broad Creek.
DATES: This rule is effective June 27, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG
2015-1011 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mrs. Jessica Shea, 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
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On February 3, 2016, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulation; Broad Creek, Laurel,
DE in the Federal Register (81 FR 5679). We received one comment on
this rule.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The bridge owner, Norfolk Southern, made a request under 33 CFR 117.39
that the operating regulations be revised due to infrequent openings.
The Norfolk Southern Railroad Bridge over Broad Creek, mile 8.0, at
Laurel, DE, is a swing bridge that has a vertical clearance of fourteen
feet above mean high water in the closed to navigation position and is
unlimited in the open to navigation position.
Presently, the bridge opens with 4 hour advance notice in
accordance with 33 CFR 117.233(a). This final rule changes the status
of the Norfolk Southern Broad Creek railroad bridge to need not open
for the passage of vessels. There have been no requests for openings
from vessels since Norfolk Southern acquired the bridge in 1999. In
order to align the operating schedule of the bridge with observed
marine traffic, this change amends the regulation to state that the
bridge need not open. The lack of requests from vessels for bridge
openings since 1999 illustrate that the vessels that use this waterway
can safely navigate while the drawbridge is in the closed-to-navigation
position.
IV. Discussion of Comments, Changes and the Final Rule
One comment was made in response to the NPRM. The comment was in
favor of the need not open status. There were no changes made to the
final rule from what was proposed in the NPRM.
This rule changes the status of the Norfolk Southern Railroad
Bridge to need not open for the passage of vessels. This action aligns
the operating schedule of the bridge with the lack observed marine
traffic that requires an opening and with the operating schedule for
other drawbridges on this waterway. The change amends the regulation to
state that the bridge need not open.
V. 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 and Executive Orders, and we
discuss First Amendment rights of protesters.
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 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget. This regulatory action determination is based on the observed
lack of marine traffic that requires a bridge opening.
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
[[Page 33591]]
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.
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section V.A
above, this rule will not have a significant economic impact on any
vessel owner or operator. As discussed in the NPRM, commercial traffic
on Broad Creek, DE has not been present since the 1970s. The gradual
change in the characteristics of the waterway shows that there will not
be a significant economic impact of changing the drawbridge operating
regulations on Broad Creek, DE.
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.
C. 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).
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 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 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.
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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. 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 made a
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 rule simply promulgates the operating regulations or
procedures for drawbridges. This action is 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, an
environmental analysis checklist and a categorical exclusion
determination are not required for this 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.
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; and Department of
Homeland Security Delegation No. 0170.1.
0
2. Revise Sec. 117.233 to read as follows:
Sec. 117.233 Broad Creek.
The draws of the Norfolk Southern bridge, mile 8.0, the Poplar
Street Bridge, mile 8.2 and the U.S. 13A Bridge, mile 8.25, all in
Laurel, need not open for the passage of vessels.
Dated: May 18, 2016.
Meredith L. Austin,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard
District.
[FR Doc. 2016-12627 Filed 5-26-16; 8:45 am]
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