Drawbridge Operation Regulation; Broad Creek, Laurel, DE, 67084-67086 [2013-26825]
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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
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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]
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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
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:
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 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
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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 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
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 (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 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
https://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
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Jkt 232001
https://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
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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
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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
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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
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Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
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]]>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]
=======================================================================
-----------------------------------------------------------------------
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: 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 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 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
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 (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 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 https://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 https://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
