Drawbridge Operation Regulation; Nanticoke River, Seaford, DE

Federal Register, Volume 82 Issue 208 (Monday, October 30, 2017)

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 Martin.A.Bridges@uscg.mil.

SUPPLEMENTARY INFORMATION section below for instructions on submitting comments.

SUPPLEMENTARY INFORMATION:

  1. 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

  2. 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.

  3. 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.

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    Proposed weekends--

    Month Average Maximum average openings 7:30

    openings openings a.m.-3:30 p.m.

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    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

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