Drawbridge Operation Regulations; Lewes and Rehoboth Canal, Lewes, DE and Rehoboth, DE; Mispillion River, Milford, DE, 5617-5619 [E7-1976]
Download as PDF
<![CDATA[
Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Rules and Regulations
Paperwork Reduction Act (44 U.S.C.
chapter 35).
Regulatory Flexibility Act
The Commission 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
because it does not affect any small
business entities. The regulation affects
only the Equal Employment
Opportunity Commission. For this
reason, a regulatory flexibility analysis
is not required.
Unfunded Mandates Reform Act of 1995
This final rule will not result in the
expenditure by State, local, or tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995.
Congressional Review Act
This action pertains to the
Commission’s management, personnel
and organization and does not
substantially affect the rights or
obligations of non-agency parties and,
accordingly, is not a ‘‘rule’’ as that term
is used by the Congressional Review Act
(Subtitle E of the Small Business
Regulatory Enforcement Fairness Act of
1996 (SBREFA)). Therefore, the
reporting requirement of 5 U.S.C. 801
does not apply.
List of Subjects in 29 CFR Part 1610
Administrative practice and
procedure, Equal Employment
Opportunity.
Dated: January 24, 2007.
For the Commission.
Naomi C. Earp,
Chair.
For the reasons set forth in the
preamble, part 1610 is amended as
follows:
I
1. The authority citation for part 1610
continues to read as follows:
I
rwilkins on PROD1PC63 with RULES
Authority: 42 U.S.C. 2000e–12(a), 5 U.S.C.
552 as amended by Pub. L. 93–502, Pub. L.
99–570, and Pub. L. 105–231; for § 1610.15,
non-search or copy portions are issued under
31 U.S.C. 9701.
§ 1610.4
[Amended]
2. Amend § 1610.4(c) as follows:
a. After the words ‘‘Las Vegas Local
Office (Los Angeles District),’’ remove
the words ‘‘not yet open’’ and add, in
VerDate Aug<31>2005
18:30 Feb 06, 2007
Jkt 211001
[FR Doc. E7–1933 Filed 2–6–07; 8:45 am]
BILLING CODE 6570–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD05–06–089]
RIN 1625–AA09
Drawbridge Operation Regulations;
Lewes and Rehoboth Canal, Lewes, DE
and Rehoboth, DE; Mispillion River,
Milford, DE
Coast Guard, DHS.
ACTION: Final rule.
AGENCY:
SUMMARY: The Coast Guard is changing
the drawbridge operation regulations of
three Delaware Department of
Transportation (DelDOT) bridges: the
Savannah Road/SR 18 Bridge, at mile
1.7, in Lewes, the SR 14A Bridge, at
mile 6.7, in Rehoboth, and the S14
Bridge, at mile 11.0, across Mispillion
River at Milford, DE. This final rule will
allow the Savannah Road/SR 18 Bridge
to open on signal if 4 hours advance
notice is given and allow the SR 14A
and S14 Bridges to open on signal if 24
hours advance notice is given. This
change will provide longer advance
notification for vessel openings from 4
hours to 24 hours while still providing
for the reasonable needs of navigation.
DATES: This rule is effective March 9,
2007.
Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket, are part of
docket CGD05–06–089 and are available
for inspection or copying at Commander
(dpb), Fifth Coast Guard District,
Federal Building, 1st Floor, 431
Crawford Street, Portsmouth, VA
23704–5004 between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal
holidays. The Fifth Coast Guard District
maintains the public docket for this
rulemaking.
ADDRESSES:
PART 1610—AVAILABILITY OF
RECORDS
I
I
their place, the words ‘‘333 Las Vegas
Blvd. South, Suite 8112, Las Vegas,
Nevada 89101.’’
I b. After the words ‘‘Mobile Local
Office (Birmingham District),’’ remove
the words ‘‘not yet open’’ and add, in
their place, the words ‘‘63 South Royal
Street, Suite 504, Mobile, Alabama
36602.’’
FOR FURTHER INFORMATION CONTACT:
Waverly W. Gregory, Jr., Bridge
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
5617
Administrator, Fifth Coast Guard
District, at (757) 398–6222.
SUPPLEMENTARY INFORMATION:
Regulatory History
On October 5, 2006, we published a
notice of proposed rulemaking (NPRM)
entitled ‘‘Drawbridge Operation
Regulation; Lewes and Rehoboth Canal,
Mispillion River, DE’’ in the Federal
Register (71 FR 58776). We received one
comment on the proposed rule. No
public meeting was requested, and none
was held.
Background and Purpose
DelDOT, who owns and operates the
Savannah Road/SR 18 Bridge, at mile
1.7, in Lewes, the SR 14A Bridge, at
mile 6.7, in Rehoboth, and the S14
Bridge, at mile 11.0, across Mispillion
River at Milford, requested longer
advance notification for vessel openings
from 2 hours to 24 hours for the
following reasons:
Lewes and Rehoboth Canal
In the closed-to-navigation position,
the Savannah Road/SR 18 Bridge, at
mile 1.7, in Lewes and the SR 14A
Bridge, at mile 6.7, in Rehoboth, have
vertical clearances of 15 feet and 16 feet,
above mean high water, respectively.
The existing operating regulation for
these drawbridges is set out in 33 CFR
117.239, which requires the bridges to
open on signal from May 1 through
October 31 from 7 a.m. to 8 p.m. and
from 8 p.m. to 7 a.m. if at least two
hours notice is given. From November 1
through April 30, the draws shall open
if at least 24 hours notice is given.
DelDOT provided information to the
Coast Guard about the conditions and
reduced operational capabilities of the
draw spans. Due to the infrequency of
requests for vessel openings of the
drawbridge for the past 10 years,
DelDOT requested that we amend the
current operating regulation by
requiring the draw spans to open on
signal if at least 24 hours notice is given
year-round.
Mispillion River
The S14 Bridge, at mile 11.0 in at
Milford, has a vertical clearance of five
feet, above mean high water, in the
closed-to-navigation position. The
existing regulation is listed at 33 CFR
117.241, which requires the bridge to
open on signal if at least two hours
notice is given. Due to the infrequency
of requests for vessel openings of the
drawbridge for the past 10 years,
DelDOT requested that we amend the
current operating regulation by
requiring the draw spans to open on
E:\FR\FM\07FER1.SGM
07FER1
5618
Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Rules and Regulations
signal if at least 24 hours notice is given
year-round.
Discussion of Comments and Changes
The Coast Guard received one
comment on the NPRM from the City of
Lewes (the City). The City requested
that, with respect to the Savannah Road/
SR 18 Bridge, the Coast Guard provide
for opening the bridge on four-hour
notice between May 1 and October 30 of
each year, instead of the 24-hour notice
proposed in the NRPM.
DelDOT indicated that to ensure
reliability and safe performance by
bridge operators, a four to six-hour
advance notice is actually needed to
respond to requests by boaters.
Therefore, the Coast Guard considered
the change to require at least four hours
advance notice by boaters to be safer
and more reliable for navigation than
the 24-hour proposal and the final rule
was changed to reflect this modification.
Discussion of Rule
Lewes and Rehoboth Canal
The Coast Guard will revise 33 CFR
117.239, which governs the Delaware
highway bridges, at miles 1.7 and 6.7,
both at Rehoboth. The bridge names, the
statute mile points and the localities in
the paragraph will be changed from the
‘‘Delaware highway bridges miles 2.0
and 7.0 both at Rehoboth’’ to the
‘‘Savannah Road/SR18 Bridge, at mile
1.7, in Lewes’’ and the ‘‘SR 14A Bridge,
at mile 6.7, in Rehoboth’’. These
changes will accurately reflect the
proper information for these
drawbridges.
The current paragraph will be divided
into paragraphs (a) and (b). Paragraph
(a) will contain the final rule for the
Savannah Road/SR 18 Bridge, at mile
1.7 in Lewes and will state that the draw
shall open on signal if at least four
hours notice is given.
Paragraph (b) will contain the final
rule for the SR 14A Bridge, at mile 6.7,
in Rehoboth. The final rule will require
the drawbridge to open on signal if at
least 24 hours notice is given.
rwilkins on PROD1PC63 with RULES
Mispillion River
The Coast Guard will amend 33 CFR
117.241, which governs the S14 Bridge,
at mile 11.0, at Milford by revising the
paragraph to read that the draw shall
open on signal if at least 24 hours notice
is given.
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
VerDate Aug<31>2005
18:30 Feb 06, 2007
Jkt 211001
Order. The Office of Management and
Budget has not reviewed it under that
Order. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS).
This conclusion is based on the fact
that these changes have only a minimal
impact on maritime traffic transiting the
bridge. Mariners can plan their trips in
accordance with the scheduled bridge
openings, to minimize delays.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
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 certifies under 5
U.S.C. 605(b) that this rule would not
have a significant economic impact on
a substantial number of small entities.
This conclusion is based on the fact
the rule would not have a significant
economic impact on a substantial
number of small entities because the
rule only adds minimal restrictions to
the movement of navigation, and
mariners who plan their transits in
accordance with the scheduled bridge
openings can minimize delay.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104–
121), we want to assist small entities in
understanding this rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
No assistance was requested from any
small entity.
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.).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
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 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.
Taking of Private Property
This rule will not affect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
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, eliminates
ambiguity, and reduce burden.
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
would not create an environmental risk
to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it would 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.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
E:\FR\FM\07FER1.SGM
07FER1
Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Rules and Regulations
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.lD
and Department of Homeland Security
Management Directive 5100.1, which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321–
4370f), and have concluded that there
are no factors in this case that would
limit the use of a categorical exclusion
under section 2.B.2 of the Instruction.
Therefore, this rule is categorically
excluded, under figure 2–1, paragraph
(32)(e) of the Instruction, from further
environmental documentation because
it has been determined that the
promulgation of operating regulations
for drawbridges are categorically
excluded.
List of Subjects in 33 CFR Part 117
Bridges.
I For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
I
rwilkins on PROD1PC63 with RULES
Authority: 33 U.S.C. 499; Department of
Homeland Security Delegation No. 0170.1; 33
CFR 1.05–1(g); section 117.255 also issued
under the authority of Pub. L. 102–587, 106
Stat. 5039.
I
2. Revise § 117.239 to read as follows:
§ 117.239
Lewes and Rehoboth Canal.
(a) The draw of the Savannah Road/
SR 18 Bridge, at mile 1.7, in Lewes shall
VerDate Aug<31>2005
18:30 Feb 06, 2007
Jkt 211001
open on signal if at least four hours
notice is given.
(b) The draw of the SR 14A Bridge, at
mile 6.7, in Rehoboth shall open on
signal if at least 24 hours notice is given.
I 3. Revise § 117.241 to read as follows:
§ 117.241
Mispillion River.
The draw of the S14 Bridge, at mile
11.0, at Milford shall open on signal if
at least 24 hours notice is given.
Dated: January 25, 2007.
L.L. Hereth,
Rear Admiral, United States Coast Guard,
Commander, Fifth Coast Guard District.
[FR Doc. E7–1976 Filed 2–6–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD01–06–132]
RIN 1625–AA00
Safety Zone; Wantagh Parkway 3
Bridge Over the Sloop Channel, Town
of Hempstead, NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone in
the waters surrounding the Wantagh
Parkway Number 3 Bridge across the
Sloop Channel in Town of Hempstead,
New York. This zone is necessary to
protect vessels transiting in the area
from hazards associated with
construction barges and equipment
being utilized to construct a new
bascule bridge over the Sloop Channel.
Entry into this zone is prohibited unless
authorized by the Captain of the Port,
Long Island Sound.
DATES: This rule is effective from 11:59
p.m. on January 22, 2007 until 11:59
p.m. December 31, 2007.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket CGD01–06–
132 and will be available for inspection
or copying at Sector Long Island Sound,
New Haven, CT, between 9 a.m. and 3
p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Lieutenant D. Miller, Assistant Chief,
Waterways Management Division, Coast
Guard Sector Long Island Sound at (203)
468–4596.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
5619
Regulatory History
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists
for not publishing an NPRM. Any delay
in this regulation’s effective date would
be impracticable and contrary to public
interest since immediate action to
restrict and control maritime traffic
transiting in the vicinity of the Sloop
Channel under the Wantagh Parkway
Number 3 Bridge in the Town of
Hempstead, Nassau County, Long
Island, New York is needed to ensure
the safety of vessels transiting the area.
In 2003, the Coast Guard approved
bridge construction and issued a permit
for bridge construction for the Wantagh
Parkway Number 3 Bridge over the
Sloop Channel. Contractors began work
constructing the two bascule piers for
the new bridge in early June 2004. A
safety zone was not deemed necessary at
the inception of the construction, as this
channel is primarily used by smaller
recreational vessels, which could
maneuver outside of the channel.
However, bridge construction
equipment that remains under the
Wantagh Parkway Number 3 Bridge
poses a potential hazard greater than
originally anticipated. A safety zone was
deemed necessary and was established
on October 9, 2004 through December
31, 2004, the date when construction
impacting the navigable channel was
estimated to be complete. A second
safety zone was implemented on
January 1, 2005 and extended until
December 31, 2005 due to delays in
construction, requiring equipment to be
in the channel in a manner that would
leave the waterway unsafe for marine
traffic. Due to continued significant
delays in bridge construction, the safety
zone was again extended until
December 31, 2006. The contractor for
this project continues to experience
significant delays in bridge
construction. In order to continue
construction in a more rapid and safe
manner, barges will need to
continuously block the channel under
the bridge. Accordingly, the New York
State Department of Transportation
(NYSDOT) has requested that a safety
zone be put in place through December
31, 2007.
As these barges are presently
obstructing the navigable channel,
immediate action is needed to prevent
accidents by limiting vessel movement
in the area with the construction
equipment. Traffic exists in this area
year-round and increases significantly
in the summer months with the return
of recreational traffic.
E:\FR\FM\07FER1.SGM
07FER1
]]>Agencies
[Federal Register Volume 72, Number 25 (Wednesday, February 7, 2007)]
[Rules and Regulations]
[Pages 5617-5619]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1976]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD05-06-089]
RIN 1625-AA09
Drawbridge Operation Regulations; Lewes and Rehoboth Canal,
Lewes, DE and Rehoboth, DE; Mispillion River, Milford, DE
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is changing the drawbridge operation
regulations of three Delaware Department of Transportation (DelDOT)
bridges: the Savannah Road/SR 18 Bridge, at mile 1.7, in Lewes, the SR
14A Bridge, at mile 6.7, in Rehoboth, and the S14 Bridge, at mile 11.0,
across Mispillion River at Milford, DE. This final rule will allow the
Savannah Road/SR 18 Bridge to open on signal if 4 hours advance notice
is given and allow the SR 14A and S14 Bridges to open on signal if 24
hours advance notice is given. This change will provide longer advance
notification for vessel openings from 4 hours to 24 hours while still
providing for the reasonable needs of navigation.
DATES: This rule is effective March 9, 2007.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD05-06-089 and are available for inspection or
copying at Commander (dpb), Fifth Coast Guard District, Federal
Building, 1st Floor, 431 Crawford Street, Portsmouth, VA 23704-5004
between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays. The Fifth Coast Guard District maintains the public docket
for this rulemaking.
FOR FURTHER INFORMATION CONTACT: Waverly W. Gregory, Jr., Bridge
Administrator, Fifth Coast Guard District, at (757) 398-6222.
SUPPLEMENTARY INFORMATION:
Regulatory History
On October 5, 2006, we published a notice of proposed rulemaking
(NPRM) entitled ``Drawbridge Operation Regulation; Lewes and Rehoboth
Canal, Mispillion River, DE'' in the Federal Register (71 FR 58776). We
received one comment on the proposed rule. No public meeting was
requested, and none was held.
Background and Purpose
DelDOT, who owns and operates the Savannah Road/SR 18 Bridge, at
mile 1.7, in Lewes, the SR 14A Bridge, at mile 6.7, in Rehoboth, and
the S14 Bridge, at mile 11.0, across Mispillion River at Milford,
requested longer advance notification for vessel openings from 2 hours
to 24 hours for the following reasons:
Lewes and Rehoboth Canal
In the closed-to-navigation position, the Savannah Road/SR 18
Bridge, at mile 1.7, in Lewes and the SR 14A Bridge, at mile 6.7, in
Rehoboth, have vertical clearances of 15 feet and 16 feet, above mean
high water, respectively. The existing operating regulation for these
drawbridges is set out in 33 CFR 117.239, which requires the bridges to
open on signal from May 1 through October 31 from 7 a.m. to 8 p.m. and
from 8 p.m. to 7 a.m. if at least two hours notice is given. From
November 1 through April 30, the draws shall open if at least 24 hours
notice is given.
DelDOT provided information to the Coast Guard about the conditions
and reduced operational capabilities of the draw spans. Due to the
infrequency of requests for vessel openings of the drawbridge for the
past 10 years, DelDOT requested that we amend the current operating
regulation by requiring the draw spans to open on signal if at least 24
hours notice is given year-round.
Mispillion River
The S14 Bridge, at mile 11.0 in at Milford, has a vertical
clearance of five feet, above mean high water, in the closed-to-
navigation position. The existing regulation is listed at 33 CFR
117.241, which requires the bridge to open on signal if at least two
hours notice is given. Due to the infrequency of requests for vessel
openings of the drawbridge for the past 10 years, DelDOT requested that
we amend the current operating regulation by requiring the draw spans
to open on
[[Page 5618]]
signal if at least 24 hours notice is given year-round.
Discussion of Comments and Changes
The Coast Guard received one comment on the NPRM from the City of
Lewes (the City). The City requested that, with respect to the Savannah
Road/SR 18 Bridge, the Coast Guard provide for opening the bridge on
four-hour notice between May 1 and October 30 of each year, instead of
the 24-hour notice proposed in the NRPM.
DelDOT indicated that to ensure reliability and safe performance by
bridge operators, a four to six-hour advance notice is actually needed
to respond to requests by boaters. Therefore, the Coast Guard
considered the change to require at least four hours advance notice by
boaters to be safer and more reliable for navigation than the 24-hour
proposal and the final rule was changed to reflect this modification.
Discussion of Rule
Lewes and Rehoboth Canal
The Coast Guard will revise 33 CFR 117.239, which governs the
Delaware highway bridges, at miles 1.7 and 6.7, both at Rehoboth. The
bridge names, the statute mile points and the localities in the
paragraph will be changed from the ``Delaware highway bridges miles 2.0
and 7.0 both at Rehoboth'' to the ``Savannah Road/SR18 Bridge, at mile
1.7, in Lewes'' and the ``SR 14A Bridge, at mile 6.7, in Rehoboth''.
These changes will accurately reflect the proper information for these
drawbridges.
The current paragraph will be divided into paragraphs (a) and (b).
Paragraph (a) will contain the final rule for the Savannah Road/SR 18
Bridge, at mile 1.7 in Lewes and will state that the draw shall open on
signal if at least four hours notice is given.
Paragraph (b) will contain the final rule for the SR 14A Bridge, at
mile 6.7, in Rehoboth. The final rule will require the drawbridge to
open on signal if at least 24 hours notice is given.
Mispillion River
The Coast Guard will amend 33 CFR 117.241, which governs the S14
Bridge, at mile 11.0, at Milford by revising the paragraph to read that
the draw shall open on signal if at least 24 hours notice is given.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
This conclusion is based on the fact that these changes have only a
minimal impact on maritime traffic transiting the bridge. Mariners can
plan their trips in accordance with the scheduled bridge openings, to
minimize delays.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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 certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities.
This conclusion is based on the fact the rule would not have a
significant economic impact on a substantial number of small entities
because the rule only adds minimal restrictions to the movement of
navigation, and mariners who plan their transits in accordance with the
scheduled bridge openings can minimize delay.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking process. No
assistance was requested from any small entity.
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.).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 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.
Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
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,
eliminates ambiguity, and reduce burden.
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 would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it would 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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not
[[Page 5619]]
require a Statement of Energy Effects under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that there are no factors in this case that would limit the use of a
categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (32)(e) of the Instruction, from further environmental
documentation because it has been determined that the promulgation of
operating regulations for drawbridges are categorically excluded.
List of Subjects in 33 CFR Part 117
Bridges.
0
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; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. Revise Sec. 117.239 to read as follows:
Sec. 117.239 Lewes and Rehoboth Canal.
(a) The draw of the Savannah Road/SR 18 Bridge, at mile 1.7, in
Lewes shall open on signal if at least four hours notice is given.
(b) The draw of the SR 14A Bridge, at mile 6.7, in Rehoboth shall
open on signal if at least 24 hours notice is given.
0
3. Revise Sec. 117.241 to read as follows:
Sec. 117.241 Mispillion River.
The draw of the S14 Bridge, at mile 11.0, at Milford shall open on
signal if at least 24 hours notice is given.
Dated: January 25, 2007.
L.L. Hereth,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard
District.
[FR Doc. E7-1976 Filed 2-6-07; 8:45 am]
BILLING CODE 4910-15-P
