Drawbridge Operation Regulation; Hudson River, Troy and Green Island, NY, 56607-56609 [2013-22268]
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Federal Register / Vol. 78, No. 178 / Friday, September 13, 2013 / Rules and Regulations
9. 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, eliminate
ambiguity, and reduce burden.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR Part 117 as follows:
10. 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
does not create an environmental risk to
health or risk to safety that might
disproportionately affect children.
■
11. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
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. Section 117.465(a)(6) is revised to
read as follows:
■
§ 117.465
Lafourche Bayou.
(a) * * *
(6) LA 657 (Larose) Vertical Lift
Bridge, mile 38.7, at Larose.
*
*
*
*
*
Dated: August 25, 2013.
Kevin S. Cook,
Rear Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
[FR Doc. 2013–22269 Filed 9–12–13; 8:45 am]
BILLING CODE 9110–04–P
Coast Guard
33 CFR Part 117
[Docket No. USCG–2013–0257]
emcdonald on DSK67QTVN1PROD with RULES
RIN 1625–AA09
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule simply
promulgates the operating regulations or
procedures for drawbridges. This 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
exclusion determination are not
required for this rule.
ACTION:
VerDate Mar<15>2010
17:44 Sep 12, 2013
Jkt 229001
2013–0257. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type in the docket
number in the ‘‘Search.’’ Box and click
‘‘SEARCH.’’ Click Open Docket Folder
on the line associated with this
rulemaking. 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this 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 the docket, call
Barbara Hairston, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
A. Regulatory History and Information
DEPARTMENT OF HOMELAND
SECURITY
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
List of Subjects in 33 CFR Part 117
Bridges.
56607
Drawbridge Operation Regulation;
Hudson River, Troy and Green Island,
NY
Coast Guard, DHS.
Final rule.
AGENCY:
The Coast Guard amends the
drawbridge operation regulations that
govern the operation of the highway
bridge 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
removed 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 will 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: This rule is effective October 15,
2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
SUMMARY:
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
On May 24, 2013, we published a
notice of proposed rulemaking (NPRM)
entitled, ‘‘Drawbridge Operation
Regulations; Hudson River, Troy and
Green Island, NY,’’ in the Federal
Register (78 FR 31454). We received no
comments on the proposed rule. No
public meeting was requested, and none
was held.
B. Basis and Purpose
The highway bridge, 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 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
E:\FR\FM\13SER1.SGM
13SER1
56608
Federal Register / Vol. 78, No. 178 / Friday, September 13, 2013 / Rules and Regulations
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 from April 1 through December
15.
In addition, the Coast Guard removed
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 Comments, Changes
and the Final Rule
The Coast Guard received no
comments in response to the notice of
proposed rulemaking. As a result, no
changes have been made to this final
rule.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes or executive
orders.
emcdonald on DSK67QTVN1PROD with RULES
1. Regulatory Planning and Review
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. This conclusion is based on the
fact that this final rule is not 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 Coast
Guard received no comments from the
Small Business Administration on this
rule. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This action will not have a significant
economic impact on a substantial
VerDate Mar<15>2010
17:44 Sep 12, 2013
Jkt 229001
number of small because the bridge will
continue to open for all vessel traffic
after at least a 24 hour advance notice
is given.
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 rule, if the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
4. 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).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibility among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it does not have
implications for federalism.
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 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 rule will 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 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
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.
11. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
6. Protest Activities
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive order
13211, Actions Concerns Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
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.
13. 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
PO 00000
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Fmt 4700
Sfmt 4700
E:\FR\FM\13SER1.SGM
13SER1
Federal Register / Vol. 78, No. 178 / Friday, September 13, 2013 / Rules and Regulations
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.
(2) From December 16 through March
31, the draw need not open for the
passage of vessel traffic.
Dated: August 26, 2013.
V.B. Gifford, Jr.,
Captain, U.S. Coast Guard, Acting
Commander, First Coast Guard District.
[FR Doc. 2013–22268 Filed 9–12–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
14. Environment
Coast Guard
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded 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 final 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
exclusion determination are not
required for this rule.
33 CFR Part 117
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
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. Amend § 117.791 by removing
paragraph (f) and revising paragraph (e)
to read as follows:
■
§ 117.791
Hudson River.
emcdonald on DSK67QTVN1PROD with RULES
*
*
*
*
*
(e) The draw of the highway bridge,
mile 152.7, 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.
VerDate Mar<15>2010
17:44 Sep 12, 2013
Jkt 229001
[Docket Number USCG–2013–0798]
Drawbridge Operation Regulation;
Illinois Waterway, Beardstown, IL
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Burlington
Northern Santa Fe Railroad Bridge
across the Illinois Waterway, mile 88.8,
at Beardstown, Illinois. The deviation is
necessary to install new conley rail
components which can only be done
when the bridge is in the closed-tonavigation position. The deviation
allows the bridge to remain in the
closed-to-navigation position during
two 12-hour periods.
DATES: This deviation is effective from
7 a.m. to 7 p.m., October 15 and October
22, 2013.
ADDRESSES: The docket for this
deviation, USCG–2013–0798, is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this deviation. 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Eric A.
Washburn, Bridge Administrator,
Western Rivers, Coast Guard; telephone
(314) 269–2378, email Eric.Washburn@
uscg.mil. If you have questions on
viewing the docket, call Barbara
Hairston, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUMMARY:
PO 00000
Frm 00027
Fmt 4700
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56609
The
Burlington Northern Santa Fe Railway
Company requested a temporary
deviation for the Burlington Northern
Santa Fe (BNSF) Railroad Bridge, mile
88.8, at Beardstown, Illinois across the
Illinois Waterway. It has a vertical
clearance of 19.6 feet above normal pool
in the closed position. The BNSF
Railroad Bridge currently operates in
accordance with 33 CFR 117.393(a)
which requires that the bridge be
maintained in the open-to-navigation
position; closing only when a train
needs to transit the bridge.
The deviation period is from 7 a.m. to
7 p.m., October 15 and October 22, 2013
when the draw span will remain in the
closed-to-navigation position. During
these times the new conley rail
components will be installed. The draw
span will not be returned to its fully
open position until installation is
completed after each closure. For the
duration of the repair, work vessels will
not be allowed to pass through the
bridge while the installation of the
conley rail components is in progress.
The bridge will not be able to open for
emergencies and there is no immediate
alternate route for vessels to pass this
section of the Illinois Waterway. The
Coast Guard will also inform the users
of the waterway through our Local and
Broadcast Notices to Mariners of the
change in operating schedule for the
bridge so that vessels can arrange their
transits to minimize any impact caused
by the temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
SUPPLEMENTARY INFORMATION:
Dated: August 30, 2013.
Eric A. Washburn,
Bridge Administrator, Western Rivers.
[FR Doc. 2013–22265 Filed 9–12–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[USCG–2013–0416]
Drawbridge Operation Regulations;
Reynolds Channel, Lawrence, NY
Coast Guard, DHS.
Notice canceling temporary
deviation from regulations.
AGENCY:
ACTION:
E:\FR\FM\13SER1.SGM
13SER1
Agencies
[Federal Register Volume 78, Number 178 (Friday, September 13, 2013)]
[Rules and Regulations]
[Pages 56607-56609]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22268]
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard amends the drawbridge operation regulations
that govern the operation of the highway bridge 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 removed 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 will 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: This rule is effective October 15, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0257. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type in the
docket number in the ``Search.'' Box and click ``SEARCH.'' Click Open
Docket Folder on the line associated with this rulemaking. 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this 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 the docket, call Barbara Hairston,
Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
A. Regulatory History and Information
On May 24, 2013, we published a notice of proposed rulemaking
(NPRM) entitled, ``Drawbridge Operation Regulations; Hudson River, Troy
and Green Island, NY,'' in the Federal Register (78 FR 31454). We
received no comments on the proposed rule. No public meeting was
requested, and none was held.
B. Basis and Purpose
The highway bridge, 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 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
[[Page 56608]]
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 from April 1 through December 15.
In addition, the Coast Guard removed 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 Comments, Changes and the Final Rule
The Coast Guard received no comments in response to the notice of
proposed rulemaking. As a result, no changes have been made to this
final rule.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes or executive orders.
1. Regulatory Planning and Review
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. This conclusion is based on the fact that
this final rule is not 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 Coast Guard
received no comments from the Small Business Administration on this
rule. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
This action will not have a significant economic impact on a
substantial number of small because the bridge will continue to open
for all vessel traffic after at least a 24 hour advance notice is
given.
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 rule, if the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. 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).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on States, on the
relationship between the national government and the States, or on the
distribution of power and responsibility among the various levels of
government. We have analyzed this 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 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 rule will 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 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
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.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
order 13211, Actions Concerns Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. 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
[[Page 56609]]
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.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
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 final 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 exclusion
determination are not required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
0
2. Amend Sec. 117.791 by removing paragraph (f) and revising paragraph
(e) to read as follows:
Sec. 117.791 Hudson River.
* * * * *
(e) The draw of the highway bridge, mile 152.7, 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.
Dated: August 26, 2013.
V.B. Gifford, Jr.,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 2013-22268 Filed 9-12-13; 8:45 am]
BILLING CODE 9110-04-P