Drawbridge Operation Regulation; Hudson River, Troy and Green Island, NY, 31454-31457 [2013-12394]
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31454
Federal Register / Vol. 78, No. 101 / Friday, May 24, 2013 / Proposed Rules
housing who maintain pets to pay a pet
deposit. As discussed in the preamble,
owners of covered multifamily rental
housing were subject to different rules
concerning pet deposits than rules that
applied to other HUD-assisted rental
housing. This proposed rule would
provide owners of such covered
multifamily rental housing with the
discretion to determine whether to
gradually accumulate a pet deposit,
thereby bringing consistency to the pet
deposit requirements for HUD rental
housing programs and better enabling
owners to handle the costs associated
with pet ownership by tenants.
Accordingly, the undersigned certifies
that this rule will not have a significant
economic impact on a substantial
number of small entities.
Notwithstanding HUD’s
determination that this rule will not
have a significant economic impact on
a substantial number of small entities,
HUD specifically invites comments
regarding less burdensome alternatives
to this rule that will meet HUD’s
objectives as described in this preamble.
TKELLEY on DSK3SPTVN1PROD with PROPOSALS
Environmental Impact
This proposed rule does not direct,
provide for assistance or loan and
mortgage insurance for, or otherwise
govern or regulate, real property
acquisition, disposition, leasing,
rehabilitation, alteration, demolition, or
new construction, or establish, revise, or
provide for standards for construction or
construction materials, manufactured
housing, or occupancy. Accordingly,
under 24 CFR 50.19(c)(1), this rule is
categorically excluded from
environmental review under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321).
Executive Order 13132, Federalism
Executive Order 13132 (entitled
‘‘Federalism’’) prohibits an agency from
publishing any rule that has federalism
implications if the rule either imposes
substantial direct compliance costs on
state and local governments and is not
required by statute, or preempts state
law, unless the agency meets the
consultation and funding requirements
of section 6 of the Executive Order. This
proposed rule would not have
federalism implications and would not
impose substantial direct compliance
costs on state and local governments or
preempt state law within the meaning of
the Executive Order.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (2 U.S.C. 1531–
1538) (UMRA) establishes requirements
for Federal agencies to assess the effects
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of their regulatory actions on state,
local, and tribal governments, and on
the private sector. This rule does not
impose any Federal mandates on any
state, local, or tribal governments, or on
the private sector, within the meaning of
the UMRA.
Lists of Subjects in 24 CFR Part 5
Administrative practice and
procedure, Aged, Claims, Crime,
Government contracts, Grant
programs—housing and community
development, Individuals with
disabilities, Intergovernmental relations,
Loan programs—housing and
community development, Low and
moderate income housing, Mortgage
insurance, Penalties, Pets, Public
housing, Rent subsidies, Reporting and
recordkeeping requirements, Social
security, Unemployment compensation,
Wages.
For the reasons set forth in the
preamble, HUD proposes to amend 24
CFR part 5 as follows:
PART 5—GENERAL HUD PROGRAM
REQUIREMENTS; WAIVERS
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Parts 1 and 53
[REG–106499–12]
RIN 1545–BL30
Community Health Needs
Assessments for Charitable Hospitals;
Correction
Correction
In proposed rule document 2013–
12013, appearing on pages 29628–29629
in the issue of Tuesday, May 21, 2013,
make the following correction:
This document inadvertently
appeared in the ‘‘Rules and
Regulations’’ section of the Federal
Register and should have appeared in
the ‘‘Proposed Rules’’ section.
[FR Doc. C1–2013–12013 Filed 5–23–13; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
1. The authority citation for 24 CFR
part 5 continues to read as follows:
■
Authority: 42 U.S.C. 1437a, 1437c, 1437d,
1437f, 1437n, 3535(d), Sec. 327, Pub. L. 109–
115, 119 Stat. 2936, and Sec. 607, Pub. L.
109–162, 119 Stat. 3051.
2. Amend § 5.318 as follows:
■ a. Revise paragraphs (d)(2)(iii) and
(iv);
■ b. Remove paragraph (d)(2)(v); and
■ c. Redesignate paragraph (d)(2)(vi) as
(d)(2)(v).
The revisions read as follows:
■
§ 5.318
Discretionary pet rules.
*
*
*
*
*
(d) * * *
(2) * * *
(iii) The pet rules may provide for
gradual accumulation of the pet deposit
by the pet owner.
(iv) The project owner may (subject to
the HUD-prescribed limits) provide for
gradual accumulation of an increase in
the amount of the pet deposit by
amending the house pet rules in
accordance with § 5.353.
*
*
*
*
*
Dated: May 1, 2013.
Shaun Donovan,
Secretary.
[FR Doc. 2013–12456 Filed 5–23–13; 8:45 am]
BILLING CODE 4210–67–P
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33 CFR Part 117
[Docket No. USCG–2013–0257]
RIN 1625–AA09
Drawbridge Operation Regulation;
Hudson River, Troy and Green Island,
NY
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
modify the operating schedule that
governs the highway bridge (Troy Green
Island) across the Hudson River, mile
152.7, between Troy and Green Island,
New York. The owner of the bridge,
New York State Department of
Transportation, requested that a twenty
four hour advance notice be given for
bridge openings. In addition, we are
removing the regulations for the 112th
Street Bridge, mile 155.4, between Troy
and Cohoes which has been converted
to a fixed bridge. It is expected that this
change to the regulations would provide
relief to the bridge owner from crewing
the bridge while continuing to meet the
reasonable needs of navigation as well
as remove obsolete regulations from the
Code of Federal Regulations.
DATES: Comments and related material
must be received by the Coast Guard on
or before July 23, 2013.
ADDRESSES: You may submit comments
identified by docket number USCG–
SUMMARY:
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Federal Register / Vol. 78, No. 101 / Friday, May 24, 2013 / Proposed Rules
2013–0257 using any one of the
following methods:
(1) Federal Rulemaking Portal: https://
www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: 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. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments. To avoid duplication, please
use only one of these four methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or email Mr. Joe Arca, Project
Officer, First Coast Guard District Bridge
Program, telephone 212–668–7165,
email joe.m.arca@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Barbara
Hairston, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Tables of Acronyms
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
§ Section Symbol
U.S.C. United States Code
TKELLEY on DSK3SPTVN1PROD with PROPOSALS
A. 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.
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2013–0257),
indicate the specific section of this
document to which each comment
applies, 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
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comment. If you fax, hand delivery, or
mail your 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 email 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, type the
docket number USCG–2013–0257 in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on ‘‘Submit a Comment’’ on the
line associated with this rulemaking. If
you submit your comments by mail or
hand delivery, submit them in an
unbound format, no larger than 81⁄2 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 and may change
the rule based on your comments.
2. 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, type the
docket number (USCG–2013–0257) in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit either
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.
3. Privacy Act
Anyone can search the electronic
form of 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).
4. 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
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31455
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.
B. Basis and Purpose
The highway bridge (Troy Green
Island), at mile 152.7, across the Hudson
River, between Troy and Green Island,
New York, has a vertical clearance in
the closed position of 29 feet at mean
high water and 34 feet at mean low
water. The waterway users are
predominantly seasonal recreational
vessels, several tour boats and a U.S.
Army Corps of Engineers vessel.
The existing drawbridge operation
regulations are listed at 33 CFR
117.791(e), which require the bridge to
operate as follows: From April 1
through December 15, the draw shall
open on signal from 9 a.m. to 4 p.m.;
except that, the draw need not open
from 6 p.m. to 7 a.m., unless notice is
given before 4:30 p.m. of the time the
vessel is expected to pass, and need not
open from 7 a.m., to 9 a.m., and 4 p.m.
to 6 p.m. From December 16 through
March 31, the draw need not open.
The Coast Guard received a request
from the owner of the bridge, New York
State Department of Transportation, to
change the drawbridge operation
regulations. The owner of the bridge
proposes to open the bridge as follows:
From April 1 through December 15, the
draw shall open on signal after at least
a twenty four hour notice is given and
from December 16 through March 31,
the draw need not open for the passage
of vessel traffic.
The bridge opens approximately 40
times a year on average between April
and December and there are no
openings in the winter months when the
waterway is normally frozen.
As a result of the above information
the Coast Guard believes it is reasonable
for the bridge owner to operate the
bridge after a twenty four hour advance
notice April 1 through December 15.
In addition, we are removing the
drawbridge operation regulations for the
112th Street Bridge between Troy and
Cohoes, 33 CFR 117.791(f), which was
converted to a fixed bridge in 1997.
C. Discussion of Proposed Rule
The Coast Guard proposes to revise 33
CFR 117.791(e), to allow the draw to
open after a twenty four hour advance
notice is given from April 1 through
December 15 and the draw need not
open for vessel traffic from December 16
through March 31. In addition we are
removing the drawbridge operation
regulations for the 112th Street Bridge
between Troy and Cohoes which was
converted to a fixed bridge.
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Federal Register / Vol. 78, No. 101 / Friday, May 24, 2013 / Proposed Rules
D. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes or
executive orders.
TKELLEY on DSK3SPTVN1PROD with PROPOSALS
1. 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, as
supplemented by Executive Order
13563, Improving Regulation and
Regulatory Review, and does not require
an assessment of potential costs and
benefits under section 6(a)(3) of Order
12866, or under section 1 of Executive
Order 13563. The Office of Management
and Budget has not reviewed it under
those Orders.
We consider this rule as not being a
significant regulatory action because the
bridge will continue to open for the
passage of all vessel traffic, April 1
through December 15, after a twenty
four hour notice is given.
2. 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 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 or
operators of vessels needing to transit
through the bridge.
This action will not have a significant
economic impact on a substantial
number of small entities for the
following reasons: The bridge will
continue to open for all vessel traffic
after a 24 hour advance notice is given.
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.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
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Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed 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. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
4. 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.).
5. Federalism
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 proposed rule under that
Order and have determined that it does
not have implications for federalism.
6. 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.
7. 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 rule elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would not cause a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
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9. 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.
10. Protection of Children From
Environmental Health Risks
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.
11. 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.
12. Energy Effects
This proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. 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. This proposed
rule simply promulgates the operating
regulations or procedures for
drawbridges. This rule is categorically
excluded, 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
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Federal Register / Vol. 78, No. 101 / Friday, May 24, 2013 / Proposed Rules
31457
1. Submitting Comments
DEPARTMENT OF HOMELAND
SECURITY
Massachusetts. The bridge owner,
Massachusetts Department of
Transportation, submitted a request to
reduce the hours the bridge is crewed
based upon infrequent requests to open
the draw. It is expected that this change
to the regulations would provide relief
to the bridge owner from crewing the
bridge while continuing to meet the
reasonable needs of navigation.
DATES: Comments and related material
must be received by the Coast Guard on
or before July 23, 2013.
ADDRESSES: You may submit comments
identified by docket number USCG–
2013–0291 using any one of the
following methods:
(1) Federal Rulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: 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. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments. To avoid duplication, please
use only one of these four methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or email Mr. John W.
McDonald, Project Officer, First Coast
Guard District Bridge Program,
telephone 617–223–8364, email
john.w.mcdonald@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Barbara
Hairston, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Coast Guard
Tables of Acronyms
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number (USCG–2013–0291) in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit either
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.
exclusion determination are not
required for this rule. We seek any
comments or information that may lead
to the discovery of significant
environmental impact from the
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 § 33 CFR 117.791 paragraph
(e) to read as follows:
■
§ 117.791
Hudson River.
*
*
*
*
*
(e) The draw of the highway bridge
(Troy Green Island), mile 152.7, across
the Hudson River between Troy and
Green Island, operates as follows:
(1) From April 1 through December 15
the draw shall open on signal if at least
a twenty four hour advance notice is
given by calling the number posted at
the bridge.
(2) From December 16 through March
31, the draw need not open for the
passage of vessel traffic.
■ 3. In § 117.791, remove paragraph (f).
Dated: May 10, 2013.
V.B. Gifford, Jr.,
Captain, U.S. Coast Guard, Acting
Commander, First Coast Guard District.
[FR Doc. 2013–12394 Filed 5–23–13; 8:45 am]
BILLING CODE 9110–04–P
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
§ Section Symbol
U.S.C. United States Code
33 CFR Part 117
[Docket No. USCG–2013–0291]
TKELLEY on DSK3SPTVN1PROD with PROPOSALS
RIN 1625–AA09
Drawbridge Operation Regulation;
Taunton River, Fall River and
Somerset, MA
A. Public Participation and Request for
Comments
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
modify the operating schedule that
governs the Veterans Memorial Bridge
across the Taunton River, mile 2.1,
between Fall River and Somerset,
SUMMARY:
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19:26 May 23, 2013
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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.
PO 00000
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Fmt 4702
Sfmt 4702
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2013–0291),
indicate the specific section of this
document to which each comment
applies, 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. If you fax, hand delivery, or
mail your 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 email 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, type the
docket number USCG–2013–0291 in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on ‘‘Submit a Comment’’ on the
line associated with this rulemaking. If
you submit your comments by mail or
hand delivery, submit them in an
unbound format, no larger than 81⁄2 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 and may change
the rule based on your comments.
2. Viewing Comments and Documents
E:\FR\FM\24MYP1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 101 (Friday, May 24, 2013)]
[Proposed Rules]
[Pages 31454-31457]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12394]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2013-0257]
RIN 1625-AA09
Drawbridge Operation Regulation; Hudson River, Troy and Green
Island, NY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to modify the operating schedule that
governs the highway bridge (Troy Green Island) across the Hudson River,
mile 152.7, between Troy and Green Island, New York. The owner of the
bridge, New York State Department of Transportation, requested that a
twenty four hour advance notice be given for bridge openings. In
addition, we are removing the regulations for the 112th Street Bridge,
mile 155.4, between Troy and Cohoes which has been converted to a fixed
bridge. It is expected that this change to the regulations would
provide relief to the bridge owner from crewing the bridge while
continuing to meet the reasonable needs of navigation as well as remove
obsolete regulations from the Code of Federal Regulations.
DATES: Comments and related material must be received by the Coast
Guard on or before July 23, 2013.
ADDRESSES: You may submit comments identified by docket number USCG-
[[Page 31455]]
2013-0257 using any one of the following methods:
(1) Federal Rulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: 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. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments. To avoid duplication, please use only one of these
four methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mr. Joe Arca, Project Officer, First Coast Guard
District Bridge Program, telephone 212-668-7165, email
joe.m.arca@uscg.mil. If you have questions on viewing or submitting
material to the docket, call Barbara Hairston, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Tables of Acronyms
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec. Section Symbol
U.S.C. United States Code
A. 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.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2013-0257), indicate the specific section of this
document to which each comment applies, 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. If you fax,
hand delivery, or mail your 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 email 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,
type the docket number USCG-2013-0257 in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking. If you submit your comments by mail or hand 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 and may change
the rule based on your comments.
2. 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,
type the docket number (USCG-2013-0257) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit either 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.
3. Privacy Act
Anyone can search the electronic form of 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).
4. 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.
B. Basis and Purpose
The highway bridge (Troy Green Island), at mile 152.7, across the
Hudson River, between Troy and Green Island, New York, has a vertical
clearance in the closed position of 29 feet at mean high water and 34
feet at mean low water. The waterway users are predominantly seasonal
recreational vessels, several tour boats and a U.S. Army Corps of
Engineers vessel.
The existing drawbridge operation regulations are listed at 33 CFR
117.791(e), which require the bridge to operate as follows: From April
1 through December 15, the draw shall open on signal from 9 a.m. to 4
p.m.; except that, the draw need not open from 6 p.m. to 7 a.m., unless
notice is given before 4:30 p.m. of the time the vessel is expected to
pass, and need not open from 7 a.m., to 9 a.m., and 4 p.m. to 6 p.m.
From December 16 through March 31, the draw need not open.
The Coast Guard received a request from the owner of the bridge,
New York State Department of Transportation, to change the drawbridge
operation regulations. The owner of the bridge proposes to open the
bridge as follows: From April 1 through December 15, the draw shall
open on signal after at least a twenty four hour notice is given and
from December 16 through March 31, the draw need not open for the
passage of vessel traffic.
The bridge opens approximately 40 times a year on average between
April and December and there are no openings in the winter months when
the waterway is normally frozen.
As a result of the above information the Coast Guard believes it is
reasonable for the bridge owner to operate the bridge after a twenty
four hour advance notice April 1 through December 15.
In addition, we are removing the drawbridge operation regulations
for the 112th Street Bridge between Troy and Cohoes, 33 CFR 117.791(f),
which was converted to a fixed bridge in 1997.
C. Discussion of Proposed Rule
The Coast Guard proposes to revise 33 CFR 117.791(e), to allow the
draw to open after a twenty four hour advance notice is given from
April 1 through December 15 and the draw need not open for vessel
traffic from December 16 through March 31. In addition we are removing
the drawbridge operation regulations for the 112th Street Bridge
between Troy and Cohoes which was converted to a fixed bridge.
[[Page 31456]]
D. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
1. 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,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Order 12866, or under
section 1 of Executive Order 13563. The Office of Management and Budget
has not reviewed it under those Orders.
We consider this rule as not being a significant regulatory action
because the bridge will continue to open for the passage of all vessel
traffic, April 1 through December 15, after a twenty four hour notice
is given.
2. 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 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 or operators of vessels
needing to transit through the bridge.
This action will not have a significant economic impact on a
substantial number of small entities for the following reasons: The
bridge will continue to open for all vessel traffic after a 24 hour
advance notice is given.
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.
3. 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. 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. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
4. 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.).
5. Federalism
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 proposed rule under that Order and
have determined that it does not have implications for federalism.
6. 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.
7. 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 rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
9. 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.
10. Protection of Children From Environmental Health Risks
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.
11. 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.
12. Energy Effects
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. 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. This proposed rule simply
promulgates the operating regulations or procedures for drawbridges.
This rule is categorically excluded, 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
[[Page 31457]]
exclusion determination are not required for this rule. We seek any
comments or information that may lead to the discovery of significant
environmental impact from the 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
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. 33 CFR 117.791 paragraph (e) to read as follows:
Sec. 117.791 Hudson River.
* * * * *
(e) The draw of the highway bridge (Troy Green Island), mile 152.7,
across the Hudson River between Troy and Green Island, operates as
follows:
(1) From April 1 through December 15 the draw shall open on signal
if at least a twenty four hour advance notice is given by calling the
number posted at the bridge.
(2) From December 16 through March 31, the draw need not open for
the passage of vessel traffic.
0
3. In Sec. 117.791, remove paragraph (f).
Dated: May 10, 2013.
V.B. Gifford, Jr.,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 2013-12394 Filed 5-23-13; 8:45 am]
BILLING CODE 9110-04-P
