Drawbridge Operation Regulation; Broad Creek, Laurel, DE, 67084-67086 [2013-26825]

Download as PDF 67084 Federal Register / Vol. 78, No. 217 / Friday, November 8, 2013 / Proposed Rules consideration of benefits. Has the Commission accurately identified the benefits of this proposed regulation? Are there other benefits to the Commission, market participants, and/or the public that may result from the adoption of the proposed regulation that the Commission should consider? promote public confidence in the integrity of derivatives markets by ensuring consistent and adequate regulation and oversight of all intermediaries. Will proposed § 170.17 impact, positively or negatively, any heretofore unidentified matter of interest to the public? 4. Section 15(a) Section 15(a) of the CEA requires the Commission to consider the effects of its actions in light of the following five factors: List of Subjects in 17 CFR Part 170 a. Protection of Market Participants and the Public The proposed regulation would protect the public by ensuring that all registered intermediaries are subject to the same level of comprehensive NFA oversight. Because the entities affected by the proposed regulation act as intermediaries for clients, it is imperative that these entities be subject to proper oversight in order to protect customers from wrongdoing. The Commission seeks comment as to how market participants and the public may be protected by the proposed regulation. b. Efficiency, Competitiveness, and Financial Integrity of Markets The proposed regulation would act to create a more level playing field for intermediaries, ensuring that all such registered entities are subject to the same level of oversight and regulatory responsibility. In so doing, the Commission preliminarily believes the integrity of markets would be enhanced. The Commission seeks comment as to how the proposed regulation may promote the efficiency, competitiveness, and financial integrity of markets. wreier-aviles on DSK5TPTVN1PROD with PROPOSALS c. Price Discovery The Commission has not identified an impact on price discovery as a result of the proposed regulation, but seeks comment as to any potential impact. Will proposed § 170.17 impact, positively or negatively, the price discovery process? d. Sound Risk Management The Commission has not identified an impact on the risk management decisions of market participants as a result of the proposed regulation, but seeks comment as to any potential impact. Will proposed § 170.17 impact, positively or negatively, the risk management procedures or actions of intermediaries? e. Other Public Interest Considerations The Commission preliminarily believes that proposed § 170.17 may VerDate Mar<15>2010 15:18 Nov 07, 2013 Jkt 232001 Authority delegations (Government agencies), Commodity futures, Reporting and recordkeeping requirements. For the reasons stated in the preamble, the Commodity Futures Trading Commission proposes to amend 17 CFR part 170 as follows: PART 170—REGISTERED FUTURES ASSOCIATIONS 1. The authority citation for part 170 is revised to read as follows: ■ Authority: 7 U.S.C. 6p, 12a, and 21. Subpart C—Membership in a Registered Futures Association 2. In subpart C, add § 170.17 to read as follows: ■ § 170.17 Introducing Brokers, Commodity Pool Operators, and Commodity Trading Advisors. Each person registered as an introducing broker, commodity pool operator, or commodity trading advisor must become and remain a member of at least one futures association that is registered under Section 17 of the Act and that provides for the membership therein of such introducing broker, commodity pool operator, or commodity trading advisor, as the case may be, unless no such futures association is so registered. Issued in Washington, DC, on November 5, 2013, by the Commission. Melissa D. Jurgens, Secretary of the Commission. Appendix to Membership in a Registered Futures Association— Commission Voting Summary Note: The following appendix will not appear in the Code of Federal Regulations. Appendix—Commission Voting Summary On this matter, Chairman Gensler and Commissioners Chilton, O’Malia, and Wetjen voted in the affirmative; no Commissioner voted in the negative. [FR Doc. 2013–26790 Filed 11–7–13; 8:45 am] BILLING CODE 6351–01–P PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2013–0778] RIN 1625–AA09 Drawbridge Operation Regulation; Broad Creek, Laurel, DE Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard is proposing to change the regulation that governs the operation of the Poplar Street Bridge, mile 8.2, and the U.S. 13A Bridge over Broad Creek, mile 8.25, both at Laurel, DE. The proposed new rule would change the current regulation by requiring a forty-eight hour advance notice and by allowing the bridges to remain in the closed position for the passage of vessels. DATES: Comments and related material must reach the Coast Guard on or before January 7, 2014. ADDRESSES: You may submit comments identified by docket number USCG– 2013–0778 using any one of the following methods: (1) Federal eRulemaking Portal: http://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 Mrs. Jessica Shea, Fifth Coast Guard District Bridge Administration Division, Coast Guard; telephone 757–398–6422, email jessica.c.shea2@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: SUMMARY: Table of Acronyms CFR Code of Federal Regulations DHS Department of Homeland Security E:\FR\FM\08NOP1.SGM 08NOP1 Federal Register / Vol. 78, No. 217 / Friday, November 8, 2013 / Proposed Rules FR Federal Register DELDOT Delaware Department of Transportation NPRM Notice of Proposed Rulemaking § Section Symbol U.S.C. United States Code wreier-aviles on DSK5TPTVN1PROD with PROPOSALS A. Public Participation and Request for Comments We encourage you to participate in this proposed rulemaking by submitting comments and related materials. All comments received will be posted, without change to http:// 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 proposed rulemaking (USCG–2013– 0778), 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 (http:// 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 http:// www.regulations.gov, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, 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 http://www.regulations.gov, type the docket number [USCG–2013–0778] 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 VerDate Mar<15>2010 15:18 Nov 07, 2013 Jkt 232001 http://www.regulations.gov, type the docket number USCG–2013–0778 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on 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. 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. Regulatory History and Information The current operating schedule for the bridge is set out in 33 CFR 117.233(b), effective on September 11, 2006. The current regulation states: The draw of the Poplar Street Bridge, mile 8.2, and the U.S. 13A Bridge, mile 8.2, all at Laurel, shall open on signal if at least 48 hours notice is given. Previous regulation listed both bridges at mile 8.2. To differentiate the location of the bridges, we propose to refer to the Poplar Street Bridge at mile 8.2 and the U.S. 13A Bridge at mile 8.25. C. Basis and Purpose The bridge owner, Delaware Department of Transportation (DELDOT), requested a change in the operation regulation for the Poplar Street Bridge, mile 8.2, and U.S. 13A Bridge, mile 8.25, across Broad Creek. DELDOT provided information to the Coast Guard about the lack of any openings of the draw spans dating back to 1975. In the closed-to-navigation position, the Poplar Street Bridge, mile 8.2, and the U.S. 13A Bridge, mile 8.25, both in Laurel, DE, have vertical clearances of five feet and two feet above mean high water, and vertical clearances of eight PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 67085 feet and five feet above mean low water, respectively. D. Discussion of Proposed Rule In order to align the operating schedule of the bridge with observed marine traffic, the proposed change would amend the regulation to state that the bridge need not open. The lack of requests for vessel openings of the drawbridge for over 30 years illustrates that the vessels that use this waterway can safely navigate while the bridge is in the closed-to-navigation position. E. Regulatory Analyses We developed this proposed 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 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. Based off DELDOT bridge tender logs, there will not be any vessels impacted by this proposed change. This proposed regulation will not have an adverse impact on any of the vessels that use the waterway because none of the recorded transits have required an opening in 30 years. 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 action will not have a significant economic impact on a substantial number of small entities for the following reason. There have been no requests for these bridges to open since 1975, and this proposed rule would amend the operating schedule of the drawbridges so that they will E:\FR\FM\08NOP1.SGM 08NOP1 67086 Federal Register / Vol. 78, No. 217 / Friday, November 8, 2013 / Proposed Rules normally remain in the closed to navigation position. 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 proposed 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 proposed 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.). wreier-aviles on DSK5TPTVN1PROD with PROPOSALS 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 VerDate Mar<15>2010 15:18 Nov 07, 2013 Jkt 232001 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 We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This proposed 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. 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 exclusion determination are not required for this proposed rule. 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 § 117.233(b) to read as follows: ■ § 117.233 Broad Creek. * * * * * (b) The draws of the Poplar Street Bridge, mile 8.2, and the U.S. 13A Bridge, mile 8.25, both at Laurel, need not open for the passage of vessels. Dated: October 17, 2013. Steven H. Ratti, Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. 2013–26825 Filed 11–7–13; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY 13. Technical Standards Coast Guard This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 33 CFR Part 165 [Docket Number USCG–2013–0908] 14. Environment RIN 1625–AA00 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 Safety Zone, Submarine Cable Replacement Operations, Kent Island Narrows; Queen Anne’s County, MD PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: E:\FR\FM\08NOP1.SGM 08NOP1

Agencies

[Federal Register Volume 78, Number 217 (Friday, November 8, 2013)]
[Proposed Rules]
[Pages 67084-67086]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26825]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-0778]
RIN 1625-AA09


Drawbridge Operation Regulation; Broad Creek, Laurel, DE

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is proposing to change the regulation that 
governs the operation of the Poplar Street Bridge, mile 8.2, and the 
U.S. 13A Bridge over Broad Creek, mile 8.25, both at Laurel, DE. The 
proposed new rule would change the current regulation by requiring a 
forty-eight hour advance notice and by allowing the bridges to remain 
in the closed position for the passage of vessels.

DATES: Comments and related material must reach the Coast Guard on or 
before January 7, 2014.

ADDRESSES: You may submit comments identified by docket number USCG-
2013-0778 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://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 Mrs. Jessica Shea, Fifth Coast Guard District 
Bridge Administration Division, Coast Guard; telephone 757-398-6422, 
email jessica.c.shea2@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: 

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security

[[Page 67085]]

FR Federal Register
DELDOT Delaware Department of Transportation
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 proposed rulemaking by 
submitting comments and related materials. All comments received will 
be posted, without change to http://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 
proposed rulemaking (USCG-2013-0778), 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 (http://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 http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, 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 http://www.regulations.gov, 
type the docket number [USCG-2013-0778] 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 http://www.regulations.gov, 
type the docket number USCG-2013-0778 in the ``SEARCH'' box and click 
``SEARCH.'' Click on 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.

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. Regulatory History and Information

    The current operating schedule for the bridge is set out in 33 CFR 
117.233(b), effective on September 11, 2006. The current regulation 
states: The draw of the Poplar Street Bridge, mile 8.2, and the U.S. 
13A Bridge, mile 8.2, all at Laurel, shall open on signal if at least 
48 hours notice is given. Previous regulation listed both bridges at 
mile 8.2. To differentiate the location of the bridges, we propose to 
refer to the Poplar Street Bridge at mile 8.2 and the U.S. 13A Bridge 
at mile 8.25.

C. Basis and Purpose

    The bridge owner, Delaware Department of Transportation (DELDOT), 
requested a change in the operation regulation for the Poplar Street 
Bridge, mile 8.2, and U.S. 13A Bridge, mile 8.25, across Broad Creek. 
DELDOT provided information to the Coast Guard about the lack of any 
openings of the draw spans dating back to 1975.
    In the closed-to-navigation position, the Poplar Street Bridge, 
mile 8.2, and the U.S. 13A Bridge, mile 8.25, both in Laurel, DE, have 
vertical clearances of five feet and two feet above mean high water, 
and vertical clearances of eight feet and five feet above mean low 
water, respectively.

D. Discussion of Proposed Rule

    In order to align the operating schedule of the bridge with 
observed marine traffic, the proposed change would amend the regulation 
to state that the bridge need not open. The lack of requests for vessel 
openings of the drawbridge for over 30 years illustrates that the 
vessels that use this waterway can safely navigate while the bridge is 
in the closed-to-navigation position.

E. Regulatory Analyses

    We developed this proposed 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 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. Based off DELDOT bridge tender 
logs, there will not be any vessels impacted by this proposed change. 
This proposed regulation will not have an adverse impact on any of the 
vessels that use the waterway because none of the recorded transits 
have required an opening in 30 years.

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 action will not 
have a significant economic impact on a substantial number of small 
entities for the following reason. There have been no requests for 
these bridges to open since 1975, and this proposed rule would amend 
the operating schedule of the drawbridges so that they will

[[Page 67086]]

normally remain in the closed to navigation position.
    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 proposed 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 proposed 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

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed 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 exclusion 
determination are not required for this proposed rule. 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

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.  117.233(b) to read as follows:


Sec.  117.233  Broad Creek.

* * * * *
    (b) The draws of the Poplar Street Bridge, mile 8.2, and the U.S. 
13A Bridge, mile 8.25, both at Laurel, need not open for the passage of 
vessels.

    Dated: October 17, 2013.
Steven H. Ratti,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard 
District.
[FR Doc. 2013-26825 Filed 11-7-13; 8:45 am]
BILLING CODE 9110-04-P