[Federal Register Volume 82, Number 208 (Monday, October 30, 2017)]
[Rules and Regulations]
[Pages 50082-50084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23559]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG 2017-0162]
RIN 1625-AA09


Drawbridge Operation Regulation; Nanticoke River, Seaford, DE

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is modifying the operating schedule that 
governs the SR 13 Bridge across the Nanticoke River, mile 39.6, in 
Seaford, Delaware (DE). This modification will require the

[[Page 50083]]

bridge to open on signal every Saturday and Sunday during the winter 
season, if at least 24 hours notice is given. This action is necessary 
to balance bridge operations and maintenance with the existing needs of 
navigation.

DATES: This rule is effective November 29, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov. Type USCG-
2017-0162 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 Mr. Martin A. Bridges, Fifth Coast Guard District (dpb), 
at (757) 398-6422, email <a href="/cdn-cgi/l/email-protection#eda08c9f998483c3acc3af9f84898a889ead989e8e8ac3808481"><span class="__cf_email__" data-cfemail="f0bd918284999edeb1deb2829994979583b085839397de9d999c">[email protected]</span></a>.
    SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On July 5, 2017, we published a notice of proposed rulemaking 
entitled, ``Drawbridge Regulation; Nanticoke River, Seaford, DE'' in 
the Federal Register (see 82 FR 127). We did not receive any comments 
on the proposed rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499. 
The US 13 Bridge across the Nanticoke River, Mile 39.6, in Seaford, DE, 
owned and operated by the Delaware Department of Transportation, has a 
vertical clearance of 3 feet above mean high water in the closed-to-
navigation position. There is a monthly average of three bridge 
openings on Saturdays and Sundays, from 7:30 a.m. to 3:30 p.m., from 
November 1 through March 31, which allow one or more vessels to transit 
through the bridge during each opening. The bridge is normally 
maintained in the closed position, due to the volume of vehicular 
traffic crossing the bridge. The current operating schedule is 
published in 33 CFR 117.243(b). The Coast Guard's authority to make a 
permanent change to a drawbridge operating schedule is contained in 33 
CFR 117.8.
    The Nanticoke River is used predominately by recreational vessels 
and pleasure craft. The three-year average number of bridge openings, 
maximum number of bridge openings, and weekend bridge openings between 
7:30 a.m. and 3:30 p.m., by month and overall for 2014 through 2016, as 
drawn from the data contained in the bridge tender logs provided by the 
Delaware Department of Transportation, is presented below.

----------------------------------------------------------------------------------------------------------------
                                                                                            Proposed weekends--
                          Month                                Average         Maximum     average openings 7:30
                                                              openings        openings         a.m.-3:30 p.m.
----------------------------------------------------------------------------------------------------------------
January..................................................              11              31                      3
February.................................................               1               3                      1
March....................................................              21              53                      4
April....................................................              72              91                    N/A
May......................................................             138             192                    N/A
June.....................................................             150             168                    N/A
July.....................................................             280             175                    N/A
August...................................................             198             223                    N/A
September................................................             144             214                    N/A
October..................................................              51              66                    N/A
November.................................................               8              13                      5
December.................................................               1               4                      1
Monthly..................................................              89             223                      3
Daily....................................................               3               7                     <1
----------------------------------------------------------------------------------------------------------------

IV. Discussion of Comments, Changes and the Final Rule

    The Delaware Department of Transportation has requested to modify 
the operating regulation for the bridge, due to the limited number of 
requested openings of the bridge on Saturday and Sunday, from 7:30 a.m. 
to 3:30 p.m., from November 1 through March 31, over a period of 
approximately the past three years. The data presented in the table 
above demonstrate that the requested modification may be implemented 
with minimal impact to navigation. The modification requested will 
require the bridge to open on signal on Saturday and Sunday; from 7:31 
a.m. to 3:29 p.m., from November 1 through March 31, if at least 24 
hours notice is given. All other provisions of 33 CFR 117.243 (b) will 
remain the same.
    The Coast Guard provided a comment period of 60 days and received 
zero comments on the proposed rule.

V. Regulatory Analysis

    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 13771 directs agencies to control 
regulatory costs through a budgeting process. 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 (OMB) and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This is not considered a significant regulatory action. This 
determination is based on the findings that: (1) The potential impact 
is small, given the limited number of vessels requiring a bridge 
opening during the time frame of the proposed modification, and (2) 
vessels will be able to transit through the bridge during the time 
frame of the proposed modification, given the bridge will open on 
signal, if at least 24 hours notice is given.

[[Page 50084]]

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 with populations of less than 
50,000. The Coast Guard received zero 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.
    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. We 
received zero comments on this rule.

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 proposed rule will not 
result in such an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble. We received zero comments on 
this rule.

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. A preliminary Record of Environmental Consideration and a 
Memorandum for the Record 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; Department of Homeland 
Security Delegation No. 0170.1.


0
2. Revise Sec.  117.243(b) to read as follows:


Sec.  117.243   Nanticoke River.

* * * * *
    (b) The draw of the SR 13 Bridge, mile 39.6, in Seaford shall:
    (1) Open on signal, except from 6 p.m. to 8 a.m., from April 1 
through October 31; from November 1 through March 31, Monday to Friday 
and on Saturday and Sunday from 3:30 p.m. to 7:30 a.m., if at least 
four hours notice is given.
    (2) Open on signal, on Saturday and Sunday, from 7:31 a.m. through 
3:29 p.m., from November 1 through March 31, if at least 24 hours 
notice is given.

    Dated: October 10, 2017.
M.L. Austin,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2017-23559 Filed 10-27-17; 8:45 am]
BILLING CODE 9110-04-P


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