Drawbridge Operation Regulation; Raccoon Creek, Bridgeport, NJ, 44696-44698 [2014-18282]
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Federal Register / Vol. 79, No. 148 / Friday, August 1, 2014 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2013–0711]
RIN 1625–AA09
Drawbridge Operation Regulation;
Raccoon Creek, Bridgeport, NJ
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is modifying
the operating schedule that governs the
U.S. Route 130 lift bridge over Raccoon
Creek at mile marker 1.8 in Bridgeport,
NJ. The new rule will change the time
of year that the bridge opens on signal.
For the months that no longer open on
signal, the bridge will open with four
hours advanced notice.
DATES: This rule is effective September
2, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2013–0711. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
SUMMARY:
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 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 the docket, call Cheryl Collins,
Program Manager, Docket Operations,
telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
NJDOT New Jersey Department of
Transportation
§ Section Symbol
U.S.C. United States Code
A. Regulatory History and Information
On October 28, 2013, we published a
notice of proposed rulemaking (NPRM)
entitled Drawbridge Operation
Regulation; Raccoon Creek, Bridgeport,
NJ in the Federal Register (78 FR
64189). We received two comments on
the proposed rule. On May 29, 2014, we
published a notice to reopen the
comment period in the Federal Register
(79 FR 30781). No comments were made
in response to the May 29, 2014 notice.
No public meeting was requested, and
none was held.
B. Basis and Purpose
The bridge owner, NJDOT, requested
a change in the operation regulation for
the U.S. Route 130 bridge, mile 1.8,
across Raccoon Creek. The majority of
vessels that use this waterway are
recreational boats that travel during the
summer and fall months of May through
October. The current operating schedule
requires openings on signal from 7 a.m.
to 11 p.m. between the months of March
through November and a 4 hour
advance notice at all other times.
NJDOT provided the Coast Guard with
the bridge tender logs to illustrate the
marine traffic patterns on Raccoon
Creek. Based on the information
provided by the bridge tenders, there
have been very few requests requiring
openings between March 1 through
April 30 and November 1 through
November 30 during the 7 a.m. to 11
p.m. time period. (See Table A)
TABLE A—BRIDGE OPENINGS FOR JANUARY 2007–JUNE 2013
2013
January ........................
February .......................
March ...........................
April ..............................
May ..............................
June .............................
July ...............................
August ..........................
September ....................
October ........................
November .....................
December .....................
8
8
7
22
39
52
........................
........................
........................
........................
........................
........................
0
0
0
5
12
27
36
27
34
12
8
1
0
0
0
0
13
33
19
14
8
12
14
4
2
1
5
10
33
42
30
21
31
4
1
0
0
0
0
15
14
33
81
59
59
26
2
6
2
0
0
13
20
38
49
38
45
17
10
0
0
0
0
2
17
40
65
57
56
10
1
2
Total ......................
emcdonald on DSK67QTVN1PROD with RULES
Month
2012
........................
162
117
180
295
232
250
The vertical clearance of the vertical
lift bridge is 5 feet above mean high
water in the closed position and 64 feet
above mean high water in the open
position. In order to align the operating
schedule with the observed marine
traffic, this rule changes the open on
demand requirement for March 1
through April 30 and November 1
through November 30 to require a 4
hour advance notice.
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17:22 Jul 31, 2014
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2011
2010
2009
C. Discussion of Comments, Changes
and the Final Rule
Two comments were made in
response to the Notice of Proposed
Rulemaking published on October 28,
2013 (78 FR 64189). These comments
were posted to the Docket USCG–2013–
0711. The first comment was regarding
the rationale behind the proposed
change. The second comment was
regarding the history of marine transits
on the waterway during the month of
April. We addressed both of these
comments in the notice that was
PO 00000
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Fmt 4700
Sfmt 4700
2008
2007
published in the Federal Register on
May 29, 2014 (79 FR 30781). The Coast
Guard did not change the proposed
regulation in response to either of the
comments.
Under this rule, if vessels require an
opening during any time of the year
outside the summer and fall season
(May through October) or between the
hours of 11 p.m. and 7 a.m., the bridge
will open with a 4 hour advanced
notice. The impact to vessels of the
proposed change to the regulation is
that vessels which require openings
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01AUR1
Federal Register / Vol. 79, No. 148 / Friday, August 1, 2014 / Rules and Regulations
during March, April or November will
need to provide 4 hours advanced
notice.
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, 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. The
impact to vessels of this regulation is
that vessels which require openings
during March, April, or November will
need to provide 4 hours advanced
notice. Based on the average logged
openings during 2007–2013 during the
months of March, April and November,
the bridge tender logs indicate that
fewer than 20 vessels annually require
openings in those months. This
regulation change should not have an
adverse effect on their transit because
the bridge is able to open if the mariner
provides at least 4 hours of advance
notice.
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 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.
The Coast Guard received a comment
from a marina owner on Raccoon Creek
regarding the month of April. The
modification to the operating schedule
for the Route 130 bridge over Raccoon
Creek will not significantly impact the
marina because vessels may still request
an opening from the bridge during the
month of April with four hours notice.
VerDate Mar<15>2010
17:22 Jul 31, 2014
Jkt 232001
The regulatory text remains unchanged
from the Notice of Proposed
Rulemaking.
Furthermore, this rule amends the
months of the year when the draw must
open on signal when it is documented
that vessel traffic is low. Vessels may
still transit the bridge by requesting an
opening with 4 hours advanced notice
during the months of March, April, and
November.
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 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 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
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Fmt 4700
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44697
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
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.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
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44698
Federal Register / Vol. 79, No. 148 / Friday, August 1, 2014 / Rules and Regulations
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 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
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 § 117.741(a) to read as
follows:
■
§ 117.741
Raccoon Creek.
(a) The draw of the Route 130
highway bridge, mile 1.8 at Bridgeport,
shall open on signal:
(1) May 1 through October 31, from 7
a.m. to 11 p.m.
(2) At all other times, if at least four
hours notice is given.
*
*
*
*
*
emcdonald on DSK67QTVN1PROD with RULES
Dated: July 17, 2014.
Stephen P. Metruck,
Rear Admiral, United States Coast Guard,
Commander, Fifth Coast Guard District.
[FR Doc. 2014–18282 Filed 7–31–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2014–0427]
RIN 1625–AA00
Safety Zone; Gay Games 9 Triathlon,
North Coast Harbor, Cleveland, OH
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the waters of North Coast Harbor,
Cleveland, OH. This safety zone is
intended to restrict vessels from a
portion of North Coast Harbor during
the Gay Games 9 Triathlon. This
temporary safety zone is necessary to
protect participants, spectators, and
vessels from the navigational hazards
associated with a large swimming event.
DATES: This rule will be effective from
5:45 a.m. until 10:15 a.m. on August 10,
2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2014–0427]. To view documents
mentioned in this preamble as being
available in the docket, go to 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
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 LT Christopher Mercurio, Chief of
Waterways Management, U.S. Coast
Guard Sector Buffalo; telephone 716–
843–9573, email
SectorBuffaloMarineSafety@uscg.mil. If
you have questions on viewing the
docket, call Ms. Cheryl Collins, Program
Manager, Docket Operations, telephone
(202) 366–9826 or 1–800–647–5527.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
§ Section
A. Regulatory History and Information
The Coast Guard is issuing this
temporary final rule without prior
VerDate Mar<15>2010
17:22 Jul 31, 2014
Jkt 232001
PO 00000
Frm 00064
Fmt 4700
Sfmt 4700
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because doing
so would be impracticable and contrary
to the public interest. The final details
for this event were not known to the
Coast Guard until there was insufficient
time remaining before the event to
publish an NPRM. Thus, delaying the
effective date of this rule to wait for a
comment period to run would be both
impracticable and contrary to the public
interest because it would inhibit the
Coast Guard’s ability to protect
spectators and vessels from the hazards
associated with a large scale swimming
event on a navigable waterway, which is
discussed further below.
Under 5 U.S.C. 553(d)(3), The Coast
Guard finds that good cause exists for
making this temporary rule effective less
than 30 days after publication in the
Federal Register. For the same reasons
discussed in the preceding paragraph,
waiting for a 30 day notice period to run
would be impracticable and contrary to
the public interest.
B. Basis and Purpose
The legal basis and authorities for this
rule are found in 33 U.S.C. 1231, 46
U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1,
6.04–6, and 160.5; Pub. L. 107–295, 116
Stat. 2064; and Department of
Homeland Security Delegation No.
0170.1, which collectively authorize the
Coast Guard to establish and define
regulatory safety zones.
Between 5:45 a.m. and 10:15 a.m. on
August 10, 2014, a swimming event will
be held on North Coast Harbor in
Cleveland, OH. The Captain of the Port
Buffalo has determined that large scale
swimming event on a navigable
waterway will pose a significant risk to
participants and the boating public. The
purpose of the safety zone is to protect
spectators and vessels from the hazards
associated with a large scale swimming
event on a navigable waterway.
C. Discussion of Rule
With the aforementioned hazards in
mind, the Captain of the Port Buffalo
has determined that this temporary
safety zone is necessary to ensure the
safety of spectators and vessels during
E:\FR\FM\01AUR1.SGM
01AUR1
]]>Agencies
[Federal Register Volume 79, Number 148 (Friday, August 1, 2014)]
[Rules and Regulations]
[Pages 44696-44698]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18282]
[[Page 44696]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2013-0711]
RIN 1625-AA09
Drawbridge Operation Regulation; Raccoon Creek, Bridgeport, NJ
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is modifying the operating schedule that
governs the U.S. Route 130 lift bridge over Raccoon Creek at mile
marker 1.8 in Bridgeport, NJ. The new rule will change the time of year
that the bridge opens on signal. For the months that no longer open on
signal, the bridge will open with four hours advanced notice.
DATES: This rule is effective September 2, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0711. To view documents mentioned in this preamble as being
available in the docket, go to 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 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 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 the docket,
call Cheryl Collins, Program Manager, Docket Operations, telephone 202-
366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
NJDOT New Jersey Department of Transportation
Sec. Section Symbol
U.S.C. United States Code
A. Regulatory History and Information
On October 28, 2013, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulation; Raccoon Creek,
Bridgeport, NJ in the Federal Register (78 FR 64189). We received two
comments on the proposed rule. On May 29, 2014, we published a notice
to reopen the comment period in the Federal Register (79 FR 30781). No
comments were made in response to the May 29, 2014 notice. No public
meeting was requested, and none was held.
B. Basis and Purpose
The bridge owner, NJDOT, requested a change in the operation
regulation for the U.S. Route 130 bridge, mile 1.8, across Raccoon
Creek. The majority of vessels that use this waterway are recreational
boats that travel during the summer and fall months of May through
October. The current operating schedule requires openings on signal
from 7 a.m. to 11 p.m. between the months of March through November and
a 4 hour advance notice at all other times. NJDOT provided the Coast
Guard with the bridge tender logs to illustrate the marine traffic
patterns on Raccoon Creek. Based on the information provided by the
bridge tenders, there have been very few requests requiring openings
between March 1 through April 30 and November 1 through November 30
during the 7 a.m. to 11 p.m. time period. (See Table A)
Table A--Bridge Openings for January 2007-June 2013
--------------------------------------------------------------------------------------------------------------------------------------------------------
Month 2013 2012 2011 2010 2009 2008 2007
--------------------------------------------------------------------------------------------------------------------------------------------------------
January................................. 8 0 0 2 0 2 0
February................................ 8 0 0 1 0 0 0
March................................... 7 0 0 5 0 0 0
April................................... 22 5 0 10 15 13 2
May..................................... 39 12 13 33 14 20 17
June.................................... 52 27 33 42 33 38 40
July.................................... .............. 36 19 30 81 49 65
August.................................. .............. 27 14 21 59 38 57
September............................... .............. 34 8 31 59 45 56
October................................. .............. 12 12 4 26 17 10
November................................ .............. 8 14 1 2 10 1
December................................ .............. 1 4 0 6 0 2
---------------------------------------------------------------------------------------------------------------
Total............................... .............. 162 117 180 295 232 250
--------------------------------------------------------------------------------------------------------------------------------------------------------
The vertical clearance of the vertical lift bridge is 5 feet above
mean high water in the closed position and 64 feet above mean high
water in the open position. In order to align the operating schedule
with the observed marine traffic, this rule changes the open on demand
requirement for March 1 through April 30 and November 1 through
November 30 to require a 4 hour advance notice.
C. Discussion of Comments, Changes and the Final Rule
Two comments were made in response to the Notice of Proposed
Rulemaking published on October 28, 2013 (78 FR 64189). These comments
were posted to the Docket USCG-2013-0711. The first comment was
regarding the rationale behind the proposed change. The second comment
was regarding the history of marine transits on the waterway during the
month of April. We addressed both of these comments in the notice that
was published in the Federal Register on May 29, 2014 (79 FR 30781).
The Coast Guard did not change the proposed regulation in response to
either of the comments.
Under this rule, if vessels require an opening during any time of
the year outside the summer and fall season (May through October) or
between the hours of 11 p.m. and 7 a.m., the bridge will open with a 4
hour advanced notice. The impact to vessels of the proposed change to
the regulation is that vessels which require openings
[[Page 44697]]
during March, April or November will need to provide 4 hours advanced
notice.
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, 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. The impact to vessels of this
regulation is that vessels which require openings during March, April,
or November will need to provide 4 hours advanced notice. Based on the
average logged openings during 2007-2013 during the months of March,
April and November, the bridge tender logs indicate that fewer than 20
vessels annually require openings in those months. This regulation
change should not have an adverse effect on their transit because the
bridge is able to open if the mariner provides at least 4 hours of
advance notice.
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 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.
The Coast Guard received a comment from a marina owner on Raccoon
Creek regarding the month of April. The modification to the operating
schedule for the Route 130 bridge over Raccoon Creek will not
significantly impact the marina because vessels may still request an
opening from the bridge during the month of April with four hours
notice. The regulatory text remains unchanged from the Notice of
Proposed Rulemaking.
Furthermore, this rule amends the months of the year when the draw
must open on signal when it is documented that vessel traffic is low.
Vessels may still transit the bridge by requesting an opening with 4
hours advanced notice during the months of March, April, and November.
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 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 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 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.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
[[Page 44698]]
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 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. Revise Sec. 117.741(a) to read as follows:
Sec. 117.741 Raccoon Creek.
(a) The draw of the Route 130 highway bridge, mile 1.8 at
Bridgeport, shall open on signal:
(1) May 1 through October 31, from 7 a.m. to 11 p.m.
(2) At all other times, if at least four hours notice is given.
* * * * *
Dated: July 17, 2014.
Stephen P. Metruck,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard
District.
[FR Doc. 2014-18282 Filed 7-31-14; 8:45 am]
BILLING CODE 9110-04-P
