
[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 jessica.c.shea2@uscg.mil.

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]
BILLING CODE 9110-04-P


