
[Federal Register Volume 79, Number 55 (Friday, March 21, 2014)]
[Rules and Regulations]
[Pages 15686-15688]
From the Federal Register Online via the Government Printing 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 
jessica.c.shea2@uscg.mil. 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]
BILLING CODE 9110-04-P


