Assessment Framework and Organizational Restatement Regarding Preemption for Certain Regulations Issued by the Coast Guard, 17482-17483 [2014-07080]

Download as PDF 17482 Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Proposed Rules or email Lieutenant Commander Lineka Quijano, Office of Maritime and International Law, Coast Guard, telephone 202–372–3865, email Lineka.N.Quijano@uscg.mil. If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: [FR Doc. 2014–06681 Filed 3–27–14; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 1 [Docket No. USCG–2008–1259] RIN 1625–AB32 Assessment Framework and Organizational Restatement Regarding Preemption for Certain Regulations Issued by the Coast Guard Coast Guard, DHS. Proposed rule; extension of comment period. AGENCY: ACTION: The Coast Guard is extending the comment period for the notice of proposed rulemaking (NPRM) entitled ‘‘Assessment Framework and Organizational Restatement Regarding Preemption for Certain Regulations Issued by the Coast Guard,’’ which published on December 27, 2013. For reasons discussed in this notice, the comment period is extended until May 26, 2014. DATES: The comment period for the proposed rule published on December 27, 2013 (78 FR 79242), is extended. Comments and related material must be submitted to our online docket via http://www.regulations.gov on or before May 26, 2014, or reach the Docket Management Facility by that date. ADDRESSES: You may submit comments, identified by Coast Guard docket number USCG–2008–1259, using any one of the following methods: (1) Federal eRulemaking Portal: http://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590– 0001. (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202–366–9329. To avoid duplication, please use only one of these methods. For instructions on submitting comments, see the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below. FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, call emcdonald on DSK67QTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 17:05 Mar 27, 2014 Jkt 232001 I. Public Participation and Request for Comments We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted, without change, to http:// www.regulations.gov and will include any personal information you have provided. A. Submitting Comments If you submit a comment, please include the docket number for this rulemaking (USCG–2008–1259), indicate the specific section of this document to which each comment applies, and provide the reason for each suggestion or recommendation. You may submit your comments and material online, or by fax, mail, or hand delivery, but please use only one of these means. 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, search for the docket number USCG–2008–1259, and then click on the ‘‘comment now’’ link. 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. We may change this proposed rule in view of them. B. 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, search for the docket number USCG–2008–1259, and then click ‘‘Open Docket Folder.’’ If you do not have access to the Internet, you may view the docket online by visiting the Docket Management Facility in Room W12–140 on the ground floor of the DOT West Building, 1200 New PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. We have an agreement with the Department of Transportation to use the Docket Management Facility. C. Privacy Act Anyone can search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316). D. Public Meeting We intend to hold a public meeting on this topic. We will announce the time and place of that meeting in a later notice in the Federal Register. II. Reasons for Extension On December 27, 2013, the Coast Guard published its NPRM, ‘‘Assessment Framework and Organizational Restatement Regarding Preemption for Certain Regulations Issued by the Coast Guard’’ (78 FR 79242). The NPRM provided for a comment period of 90 days, which is now extended by an additional 60 days for a total comment period length of 150 days. This notice of extension is issued under authority of 5 U.S.C. 552(a). The NPRM discusses existing law on preemption, and identifies the laws and regulations that have preemptive effect. It clarifies (but does not alter) the Coast Guard’s application of statutes and case law regarding the preemptive effect of its regulations. It also sets forth a process the Coast Guard will use in future rulemakings for evaluating the preemptive impact of those future regulations. The Coast Guard has received requests for extension of the comment period. Some of these requests are from members of the public and of State agencies who are concerned that the proposed rule would interfere with existing State permitting practices, or would require a thorough review of State regulations to find out what State regulations may be preempted by the proposed rule. The Coast Guard does not believe the proposed rule should raise such concerns. As stated here and throughout the NPRM, the proposed rule merely restates the current preemptive impact of our regulations as it exists today as a result of statute and court decisions. The proposed rule does not make any new determinations or assertions, but only summarizes in one E:\FR\FM\28MRP1.SGM 28MRP1 Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Proposed Rules location existing law and the Coast Guard’s statement of preemptive impact. The proposed rule does not alter in any way the rights of States. Likewise, it does not serve to prospectively give preemptive impact to any future regulatory effort. The proposed rule does not change the law as it exists today. However, we are interested in better understanding the concerns expressed, and we want to allow ample time for the public to consider the proposed rule. Accordingly, we have extended the comment period. We encourage all members of the public, and especially States, to send comments explaining what, if any, impact the proposed rule could have. Please be as specific as possible in explaining how the proposed rule would affect you. Dated: March 26, 2014. F.J. Kenney, Rear Admiral, U.S. Coast Guard, Judge Advocate General. [FR Doc. 2014–07080 Filed 3–27–14; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY 2013–1005 using any one of the following methods: (1) Federal Rulemaking 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 Mr. Joe Arca, Project Officer, First Coast Guard District Bridge Program, telephone 212–668–7165, email joe.m.arca@uscg.mil. If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: Coast Guard Tables of Acronyms 33 CFR Part 117 CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking § Section Symbol U.S.C. United States Code [Docket No. USCG–2013–1005] RIN 1625–AA09 Drawbridge Operation Regulation; Hackensack River, Jersey City, NJ Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to change the drawbridge operation regulations that govern the PATH Railroad Bridge, mile 3.0, and the HackFreight Bridge, mile 3.1, across the Hackensack River, New Jersey. The bridge owners, the Port Authority TransHudson (PATH) and Conrail, submitted requests to revise the operation schedule for the PATH Railroad Bridge and to change the Conrail Hack-Freight to operate remotely. In addition, we will be removing obsolete unnecessary language and requirements from the existing regulation that are now listed under other regulations. It is expected that these changes will continue to meet the reasonable needs of navigation. DATES: Comments and related material must be received by the Coast Guard on or before May 27, 2014. ADDRESSES: You may submit comments identified by docket number USCG– emcdonald on DSK67QTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 17:05 Mar 27, 2014 Jkt 232001 A. Public Participation and Request for Comments We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted, without change to 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 rulemaking (USCG–2013–1005), 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 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 17483 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–2013–1005 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 http://www.regulations.gov, type the docket number (USCG–2013–1005) in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit either the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. We have an agreement with the Department of Transportation to use the Docket Management Facility. 3. Privacy Act Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316). 4. Public Meeting We do not now plan to hold a public meeting. But you may submit a request for one using one of the four methods specified under ADDRESSES. Please explain why one would be beneficial. If E:\FR\FM\28MRP1.SGM 28MRP1

Agencies

[Federal Register Volume 79, Number 60 (Friday, March 28, 2014)]
[Proposed Rules]
[Pages 17482-17483]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07080]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 1

[Docket No. USCG-2008-1259]
RIN 1625-AB32


Assessment Framework and Organizational Restatement Regarding 
Preemption for Certain Regulations Issued by the Coast Guard

AGENCY: Coast Guard, DHS.

ACTION: Proposed rule; extension of comment period.

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

SUMMARY: The Coast Guard is extending the comment period for the notice 
of proposed rulemaking (NPRM) entitled ``Assessment Framework and 
Organizational Restatement Regarding Preemption for Certain Regulations 
Issued by the Coast Guard,'' which published on December 27, 2013. For 
reasons discussed in this notice, the comment period is extended until 
May 26, 2014.

DATES: The comment period for the proposed rule published on December 
27, 2013 (78 FR 79242), is extended. Comments and related material must 
be submitted to our online docket via http://www.regulations.gov on or 
before May 26, 2014, or reach the Docket Management Facility by that 
date.

ADDRESSES: You may submit comments, identified by Coast Guard docket 
number USCG-2008-1259, using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these methods. For 
instructions on submitting comments, see the ``Public Participation and 
Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section 
below.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, 
call or email Lieutenant Commander Lineka Quijano, Office of Maritime 
and International Law, Coast Guard, telephone 202-372-3865, email 
Lineka.N.Quijano@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Cheryl Collins, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided.

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2008-1259), indicate the specific section of this 
document to which each comment applies, and provide the reason for each 
suggestion or recommendation. You may submit your comments and material 
online, or by fax, mail, or hand delivery, but please use only one of 
these means. 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, 
search for the docket number USCG-2008-1259, and then click on the 
``comment now'' link. 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. We may change this proposed rule in view of them.

B. 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, 
search for the docket number USCG-2008-1259, and then click ``Open 
Docket Folder.'' If you do not have access to the Internet, you may 
view the docket online by visiting the Docket Management Facility in 
Room W12-140 on the ground floor of the DOT West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. We have an agreement 
with the Department of Transportation to use the Docket Management 
Facility.

C. Privacy Act

    Anyone can search the electronic form of all comments received into 
any of our dockets by the name of the individual submitting the comment 
(or signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

D. Public Meeting

    We intend to hold a public meeting on this topic. We will announce 
the time and place of that meeting in a later notice in the Federal 
Register.

II. Reasons for Extension

    On December 27, 2013, the Coast Guard published its NPRM, 
``Assessment Framework and Organizational Restatement Regarding 
Preemption for Certain Regulations Issued by the Coast Guard'' (78 FR 
79242). The NPRM provided for a comment period of 90 days, which is now 
extended by an additional 60 days for a total comment period length of 
150 days. This notice of extension is issued under authority of 5 
U.S.C. 552(a).
    The NPRM discusses existing law on preemption, and identifies the 
laws and regulations that have preemptive effect. It clarifies (but 
does not alter) the Coast Guard's application of statutes and case law 
regarding the preemptive effect of its regulations. It also sets forth 
a process the Coast Guard will use in future rulemakings for evaluating 
the preemptive impact of those future regulations.
    The Coast Guard has received requests for extension of the comment 
period. Some of these requests are from members of the public and of 
State agencies who are concerned that the proposed rule would interfere 
with existing State permitting practices, or would require a thorough 
review of State regulations to find out what State regulations may be 
preempted by the proposed rule. The Coast Guard does not believe the 
proposed rule should raise such concerns. As stated here and throughout 
the NPRM, the proposed rule merely restates the current preemptive 
impact of our regulations as it exists today as a result of statute and 
court decisions. The proposed rule does not make any new determinations 
or assertions, but only summarizes in one

[[Page 17483]]

location existing law and the Coast Guard's statement of preemptive 
impact. The proposed rule does not alter in any way the rights of 
States. Likewise, it does not serve to prospectively give preemptive 
impact to any future regulatory effort. The proposed rule does not 
change the law as it exists today.
    However, we are interested in better understanding the concerns 
expressed, and we want to allow ample time for the public to consider 
the proposed rule. Accordingly, we have extended the comment period. We 
encourage all members of the public, and especially States, to send 
comments explaining what, if any, impact the proposed rule could have. 
Please be as specific as possible in explaining how the proposed rule 
would affect you.

    Dated: March 26, 2014.
F.J. Kenney,
Rear Admiral, U.S. Coast Guard, Judge Advocate General.
[FR Doc. 2014-07080 Filed 3-27-14; 8:45 am]
BILLING CODE 9110-04-P