Drawbridge Operation Regulation; Chester River, Chestertown, MD, 48889-48891 [E9-23135]
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Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Proposed Rules
rulemaking and notice of public hearing
instructed those interested in testifying
at the public hearing to submit a request
to speak, and an outline of the topics to
be addressed. As of Monday, September
21, 2009, no one has requested to speak.
Therefore, the public hearing scheduled
for November 20, 2009, is cancelled.
LaNita VanDyke,
Branch Chief, Publications and Regulations
Branch, Legal Processing Division, Associate
Chief Counsel, (Procedure and
Administration).
[FR Doc. E9–23159 Filed 9–24–09; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
To avoid duplication, please use only
one of these methods. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or e-mail Waverly W. Gregory,
Bridge Administrator, Fifth Coast Guard
District, at (757) 398–6222,
Waverly.W.Gregory@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for
Comments
Coast Guard
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change, to https://
www.regulations.gov and will include
any personal information you have
provided.
33 CFR Part 117
[Docket No. USCG–2009–0796]
RIN 1625–AA09
Drawbridge Operation Regulation;
Chester River, Chestertown, MD
Coast Guard, DHS.
Notice of proposed rulemaking.
Submitting Comments
ACTION:
jlentini on DSKJ8SOYB1PROD with PROPOSALS
AGENCY:
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2009–0796),
indicate the specific section of this
document to which each comment and
provide a reason for each suggestion or
recommendation. You may submit your
comments and material online (https://
www.regulations.gov), or by fax, mail or
hand delivery, but please use only one
of these means. If you submit a
comment online via https://
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment, it will be considered as
having been received by the Coast
Guard when it is received at the Docket
Management Facility. We recommend
that you include your name and a
mailing address, an e-mail address, or a
phone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rules’’ and insert
‘‘USCG–2009–0796’’ in the ‘‘keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
If you submit them by mail or delivery,
submit them in an unbound format, no
larger than 81⁄2 by 11 inches, suitable for
SUMMARY: The Coast Guard proposes to
change the drawbridge operation
regulations of the S213 Bridge, at mile
26.8, across Chester River at
Chestertown MD. This proposal would
allow the bridge to open on signal if at
least six hours notice is given and
would provide for the reasonable needs
of navigation, due to the anticipated
infrequency of requests for vessel
openings of the drawbridge.
DATES: Comments and related material
must reach the Coast Guard on or before
November 9, 2009.
ADDRESSES: You may submit comments
identified by Coast Guard docket
number USCG–2009–0796 to the Docket
Management Facility at the U.S.
Department of Transportation. To avoid
duplication, please use only one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulation.gov.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
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16:15 Sep 24, 2009
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48889
copying and electronic filing. If you
submit them by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period. We may
change this proposed rule in view of
them.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2009–
0796’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. 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. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
Privacy Act
Anyone can search the electronic
form of all comments received into any
of our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one using one of the four methods
specified under ADDRESSES. Please
explain why one would be beneficial. If
we determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
Background and Purpose
Maryland Department of
Transportation-State Highway
Administration (MDOT) is responsible
for the operation of the S213 Bridge, at
mile 26.8, across Chester River at
Chestertown MD. MDOT requested
advance notification for vessel openings
year-round due to the anticipated
infrequency of requests for vessel
openings of the drawbridge.
The S213 Bridge has a vertical
clearance in the closed position to
vessels of 12 feet, above mean high
water.
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48890
Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Proposed Rules
The existing operating regulations set
out in 33 CFR 117.551 require the draw
to open on signal from April 1 through
September 30 from 6 a.m. to 6 p.m. At
all other times, the draw shall open on
signal if at least six hours notice is
given.
Bridge opening data, supplied by
MDOT, revealed a small amount of
yearly openings of the draw span. In the
past five years from 2004 to 2008, the
bridge opened for vessels 42, 38, 54, 34
and 34 times, respectively. Due to the
anticipated infrequency of requests for
vessel openings of the drawbridge,
MDOT requested to change the current
operating regulation by requiring the
draw of the bridge to open on signal if
at least six hours notice is given yearround.
Discussion of Proposed Rule
The Coast Guard proposes to amend
33 CFR 117.551, by revising the
paragraph to read that the draw of the
S213 Bridge mile 26.8 located in
Chestertown MD, shall open on signal if
at least six hours notice is given at all
times.
These changes are proposed due to
the anticipated infrequency of requests
for vessel openings of the drawbridge.
jlentini on DSKJ8SOYB1PROD with PROPOSALS
Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This proposed 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.
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation is
unnecessary.
We reached this conclusion based on
the fact that the proposed changes have
only a minimal impact on maritime
traffic transiting the bridge. Mariners
can plan their trips in accordance with
the proposed scheduled bridge
openings, to minimize delays.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed rule would have
a significant economic impact on a
substantial number of small entities.
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16:15 Sep 24, 2009
Jkt 217001
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 proposed rule
would not have a significant economic
impact on a substantial number of small
entities.
This proposed rule would affect the
following entities, some of which might
be small entities: the owners and
operators of vessels needing to transit
the bridge who cannot clear the bridge
at its closed position.
This proposed rule would not have a
significant economic impact on a
substantial number of small entities
because any operator of an affected
vessel may still transit the bridge if that
operator provides the necessary notice
six hours or more in advance of the
scheduled transit.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
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 Waverly W.
Gregory, Jr., Bridge Administrator, Fifth
Coast Guard District, (757) 398–6222.
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.
Collection of Information
This proposed rule would call 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
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compliance on them. We have analyzed
this proposed 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 proposed 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 proposed rule would not effect 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 proposed 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.
Protection of Children
We have analyzed this proposed 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 proposed 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 proposed 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
E:\FR\FM\25SEP1.SGM
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Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Proposed Rules
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
require a Statement of Energy Effects
under Executive Order 13211.
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
Technical Standards
Dated: September 3, 2009.
Wayne E. Justice,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. E9–23135 Filed 9–24–09; 8:45 am]
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 proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed 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 preliminary 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 because it
simply promulgates the operating
regulations or procedures for
drawbridges. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
List of Subjects in 33 CFR Part 117
jlentini on DSKJ8SOYB1PROD with PROPOSALS
Bridges.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
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2. Revise § 117.551 to read as follows:
§ 117.551
Chester River.
The draw of the S213 Bridge, mile
26.8, at Chestertown MD shall open on
signal if at least six hours notice is
given.
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Parts 151, 155, and 160
[USCG–2008–1070]
RIN 1625–AB27
Nontank Vessel Response Plans and
Other Vessel Response Plan
Requirements
Coast Guard, DHS.
Notice of public meetings;
request for comments.
AGENCY:
ACTION:
SUMMARY: The Coast Guard announces
three public meetings to receive
comments on a notice of proposed
rulemaking that would require owners
or operators of nontank vessels to
prepare and submit oil spill response
plans. The meetings will be held to
allow for greater public involvement.
DATES: The public meetings will be held
at the following locations:
• Washington, DC, October 28, 2009,
from 1 p.m. to 3:30 p.m.
• Oakland, CA, November 3, 2009,
from 1 p.m. to 3:30 p.m.
• New Orleans, LA, November 19,
2009, from 4:30 p.m. to 7 p.m.
Written comments and related
material may also be submitted to Coast
Guard personnel specified at that
meeting. The comment period for the
proposed rule closes November 30,
2009. All comments and related
material submitted after the meeting
must either be submitted to our online
docket via https://www.regulations.gov
on or before November 30, 2009, or
reach the Docket Management Facility
by that date.
ADDRESSES: The public meetings will be
held at the following locations:
• Washington, DC—United States
Coast Guard Headquarters Building,
Room 4202, 2100 Second St, SW.,
Washington, DC 20593.
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48891
• Oakland, CA—Ronald V. Dellums
Federal Building, Auditorium, 3rd Floor
North Tower, 1301 Clay Street, Oakland,
CA 94612.
• New Orleans, LA—Ernest N. Morial
Convention Center, Room 208, Exhibit
Hall A, 900 Convention Center Blvd,
New Orleans, LA 70130.
You may submit written comments
identified by docket number USCG–
2008–1070 before or after the meeting
using any one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. Our online
docket for this rulemaking is available
on the Internet at https://
www.regulations.gov under docket
number USCG–2008–1070.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this proposed
rulemaking, contact Lieutenant Jarrod
DeWitz, U.S. Coast Guard, Office of
Vessel Activities, Vessel Response Plan
Review Team, telephone (202) 372–
1219. You may also e-mail questions to
Jarrod.M.DeWitz@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Ms. Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Background and Purpose
We published a notice of proposed
rulemaking (NPRM) in the Federal
Register on August 31, 2009 (74 FR
44970), entitled ‘‘Nontank Vessel
Response Plans and Other Vessel
Response Plan Requirements.’’ In it, we
stated our intention to hold one or more
public meetings, and to publish a notice
to announce the location and date of the
public meetings. In this notice, we
announce those public meetings to
receive comments on this proposed rule.
In the NPRM, we proposed requiring
owners or operators of nontank vessels
to prepare and submit oil spill response
plans. The Federal Water Pollution
Control Act defines nontank vessels as
self-propelled vessels of 400 gross tons
or greater that operate on the navigable
waters of the United States, carry oil of
any kind as fuel for main propulsion,
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]]>Agencies
[Federal Register Volume 74, Number 185 (Friday, September 25, 2009)]
[Proposed Rules]
[Pages 48889-48891]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23135]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2009-0796]
RIN 1625-AA09
Drawbridge Operation Regulation; Chester River, Chestertown, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to change the drawbridge operation
regulations of the S213 Bridge, at mile 26.8, across Chester River at
Chestertown MD. This proposal would allow the bridge to open on signal
if at least six hours notice is given and would provide for the
reasonable needs of navigation, due to the anticipated infrequency of
requests for vessel openings of the drawbridge.
DATES: Comments and related material must reach the Coast Guard on or
before November 9, 2009.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2009-0796 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Federal eRulemaking Portal: https://www.regulation.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these methods. See the
``Public Participation and Request for Comments'' portion of the
SUPPLEMENTARY INFORMATION section below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Waverly W. Gregory, Bridge Administrator, Fifth
Coast Guard District, at (757) 398-6222, Waverly.W.Gregory@uscg.mil. If
you have questions on viewing or submitting material to the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to https://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0796), indicate the specific section of this
document to which each comment and provide a reason for each suggestion
or recommendation. You may submit your comments and material online
(https://www.regulations.gov), or by fax, mail or hand delivery, but
please use only one of these means. If you submit a comment online via
https://www.regulations.gov, it will be considered received by the Coast
Guard when you successfully transmit the comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a phone number in the body of
your document so that we can contact you if we have questions regarding
your submission.
To submit your comment online, go to https://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rules'' and insert ``USCG-2009-0796'' in the ``keyword''
box. Click ``Search'' then click on the balloon shape in the
``Actions'' column. If you submit them by mail or delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period. We may change this
proposed rule in view of them.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2009-0796'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
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. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why one would be beneficial. If we determine
that one would aid this rulemaking, we will hold one at a time and
place announced by a later notice in the Federal Register.
Background and Purpose
Maryland Department of Transportation-State Highway Administration
(MDOT) is responsible for the operation of the S213 Bridge, at mile
26.8, across Chester River at Chestertown MD. MDOT requested advance
notification for vessel openings year-round due to the anticipated
infrequency of requests for vessel openings of the drawbridge.
The S213 Bridge has a vertical clearance in the closed position to
vessels of 12 feet, above mean high water.
[[Page 48890]]
The existing operating regulations set out in 33 CFR 117.551
require the draw to open on signal from April 1 through September 30
from 6 a.m. to 6 p.m. At all other times, the draw shall open on signal
if at least six hours notice is given.
Bridge opening data, supplied by MDOT, revealed a small amount of
yearly openings of the draw span. In the past five years from 2004 to
2008, the bridge opened for vessels 42, 38, 54, 34 and 34 times,
respectively. Due to the anticipated infrequency of requests for vessel
openings of the drawbridge, MDOT requested to change the current
operating regulation by requiring the draw of the bridge to open on
signal if at least six hours notice is given year-round.
Discussion of Proposed Rule
The Coast Guard proposes to amend 33 CFR 117.551, by revising the
paragraph to read that the draw of the S213 Bridge mile 26.8 located in
Chestertown MD, shall open on signal if at least six hours notice is
given at all times.
These changes are proposed due to the anticipated infrequency of
requests for vessel openings of the drawbridge.
Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This proposed 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.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary.
We reached this conclusion based on the fact that the proposed
changes have only a minimal impact on maritime traffic transiting the
bridge. Mariners can plan their trips in accordance with the proposed
scheduled bridge openings, to minimize delays.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities.
This proposed rule would affect the following entities, some of
which might be small entities: the owners and operators of vessels
needing to transit the bridge who cannot clear the bridge at its closed
position.
This proposed rule would not have a significant economic impact on
a substantial number of small entities because any operator of an
affected vessel may still transit the bridge if that operator provides
the necessary notice six hours or more in advance of the scheduled
transit.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 Waverly W. Gregory, Jr., Bridge
Administrator, Fifth Coast Guard District, (757) 398-6222. 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.
Collection of Information
This proposed rule would call 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 proposed 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 proposed 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 proposed rule would not effect 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 proposed 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.
Protection of Children
We have analyzed this proposed 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 proposed 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 proposed 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
[[Page 48891]]
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 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed 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 preliminary 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 because it simply
promulgates the operating regulations or procedures for drawbridges. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
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.
2. Revise Sec. 117.551 to read as follows:
Sec. 117.551 Chester River.
The draw of the S213 Bridge, mile 26.8, at Chestertown MD shall
open on signal if at least six hours notice is given.
Dated: September 3, 2009.
Wayne E. Justice,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E9-23135 Filed 9-24-09; 8:45 am]
BILLING CODE 4910-15-P
