Drawbridge Operation Regulation; Missouri River, Atchison, KS, 81179-81181 [2015-32735]
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Federal Register / Vol. 80, No. 249 / Tuesday, December 29, 2015 / Rules and Regulations
5. Order No. 704 created the FERC
Form No. 552 filing requirements.
However, there is no delegated authority
contained in the regulations similar to
that found for the other forms
administered by the Office of
Enforcement. In order to create
consistency among the delegations for
forms administered by the Office of
Enforcement, this rule amends 18 CFR
375.311(r) and (s) to add FERC Form No.
552 to the list of forms included in the
delegations to the Director of the Office
of Enforcement.
III. Information Collection Statement
6. Review by the Office of
Management and Budget, pursuant to
section 3507(d) of the Paperwork
Reduction Act of 1995, is not required
since this final rule does not contain
new or modified information collection
or recordkeeping requirements.
jstallworth on DSK7TPTVN1PROD with RULES
IV. Environmental Analysis
7. The Commission is required to
prepare an Environmental Assessment
or an Environmental Impact Statement
for any action that may have a
significant adverse effect on the human
environment. Part 380 of the
Commission’s regulations exempts
certain actions from the requirement
that an Environmental Analysis or
Environmental Impact Statement be
prepared. Included is an exemption for
procedural, ministerial, or internal
administrative actions. As this Final
Rule falls within that exemption,
issuance of the Rule does not represent
a major federal action having a
significant adverse effect on the human
environment under the Commission’s
regulations implementing the National
Environmental Policy Act, and, thus,
does not require an Environmental
Analysis or Environmental Impact
Statement.
V. Regulatory Flexibility Act
8. The Regulatory Flexibility Act of
1980 (RFA) generally requires a
description and analysis of Final Rules
that will have significant economic
impact on a substantial number of small
entities. Rules that are exempt from the
notice and comment requirements of
section 553(b) of the Administrative
Procedure Act are exempt from the RFA
requirements. This Final Rule concerns
matters of internal agency procedure
and, therefore, an analysis under the
RFA is not required.
VI. Document Availability
9. In addition to publishing the full
text of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
VerDate Sep<11>2014
15:24 Dec 28, 2015
Jkt 238001
view and/or print the contents of this
document via the Internet through
FERC’s Home Page (https://
www.ferc.gov) and in FERC’s Public
Reference Room during normal business
hours (8:30 a.m. to 5:00 p.m. Eastern
time) at 888 First Street NE., Room 2A,
Washington DC 20426.
10. From FERC’s Home Page on the
Internet, this information is available on
eLibrary. The full text of this document
is available on eLibrary in PDF and
Microsoft Word format for viewing,
printing, and/or downloading. To access
this document in eLibrary, type the
docket number excluding the last three
digits of this document in the docket
number field.
11. User assistance is available for
eLibrary and the FERC’s Web site during
normal business hours from FERC
Online Support at 202–502–6652 (toll
free at 1–866–208–3676) or email at
ferconlinesupport@ferc.gov, or the
Public Reference Room at 202–502–
8371, TTY 202–502–8659. Email the
Public Reference Room at
public.referenceroom@ferc.gov.
VII. Effective Date and Congressional
Notification
12. These regulations are effective
January 28, 2016. This rule is exempt
from the Congressional Review Act 9
under section 804 (3) because it relates
to ‘‘agency management or personnel; or
(C) any rule of agency organization,
procedure, or practice that does not
substantially affect the rights or
obligations of non-agency parties.’’
81179
§ 375.311 Delegations to the Director of
the Office of Enforcement.
*
*
*
*
*
(r) Deny or grant, in whole or in part,
motions for extension of time to file, or
requests for waiver of the requirements
of the following forms, data collections,
and reports: Annual Reports (Form Nos.
1, 1–F, 2, 2–A, and 6); Quarterly Reports
(Form Nos. 3–Q and 6–Q); Annual
Report of Centralized Service
Companies (Form No. 60); Narrative
Description of Service Company
Functions (FERC–61); Annual Report of
Natural Gas Transactions (Form No.
552); Report of Transmission Investment
Activity (FERC–730); and Electric
Quarterly Reports, as well as, where
required, the electronic filing of such
information (§ 385.2011 of this chapter,
Procedures for filing on electronic
media, paragraphs (a)(6), (c), and (e)).
(s) Provide notification if a submitted
Annual Report (Form Nos. 1, 1–F, 2, 2–
A, and 6), Quarterly Report (Form Nos.
3–Q and 6–Q), Annual Report of
Centralized Service Companies (Form
No. 60), Narrative Description of Service
Company Functions (FERC–61), Annual
Report of Natural Gas Transactions
(Form No. 552), Report of Transmission
Investment Activity (FERC–730), or
Electric Quarterly Report fails to comply
with applicable statutory requirements,
and with all applicable Commission
rules, regulations, and orders for which
a waiver has not been granted, or, when
appropriate, notify a party that a
submission is acceptable.
*
*
*
*
*
[FR Doc. 2015–32690 Filed 12–28–15; 8:45 am]
List of Subjects in 18 CFR Part 375
BILLING CODE 6717–01–P
Authority delegations (Government
agencies), Seals and insignia, Sunshine
Act.
DEPARTMENT OF HOMELAND
SECURITY
By the Commission.
Issued: December 22, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
Coast Guard
33 CFR Part 117
[Docket No. USCG–2014–0358]
In consideration of the foregoing, the
Commission amends Part 375, Chapter I,
Title 18, Code of Federal Regulations, as
follows.
PART 375—THE COMMISSION
1. The authority citation for Part 375
continues to read as follows:
RIN 1625–AA09
Drawbridge Operation Regulation;
Missouri River, Atchison, KS
ACTION:
■
Authority: 5 U.S.C. 551–557; 15 U.S.C.
717–717w, 3301–3432; 16 U.S.C. 791–825r,
2601–2645; 42 U.S.C. 7101–7352.
2. In § 375.311, paragraphs (r) and (s)
are revised to read as follows:
■
95
PO 00000
U.S.C. 801–808.
Frm 00021
Fmt 4700
Sfmt 4700
Coast Guard, DHS.
Final rule.
AGENCY:
The Coast Guard is changing
the operating schedule that governs the
Atchison Railroad Drawbridge, Mile
422.5, across the Missouri River at
Atchison, KS. Under this rule the
drawbridge will open on signal if at
least a two-hour notification is given.
This rule change allows the bridge to
operate under the customary schedule
SUMMARY:
E:\FR\FM\29DER1.SGM
29DER1
81180
Federal Register / Vol. 80, No. 249 / Tuesday, December 29, 2015 / Rules and Regulations
that has been adopted by the waterway
users.
DATES: This rule is effective on January
28, 2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2014–
0358 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Eric Washburn, Bridge
Administrator, Western Rivers, Bridge
Branch, Coast Guard; telephone 314–
269–2378, email Eric.Washburn@
uscg.mil.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
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
jstallworth on DSK7TPTVN1PROD with RULES
II. Background Information and
Regulatory History
On April 10, 2015, we published a
notice of proposed rulemaking (NPRM)
entitled, ‘‘Drawbridge Operation
Regulation; Missouri River, Atchison,
KS’’ in the Federal Register (80 FR
19252). We received no comments on
the proposed rule. No public meeting
was requested, and none was held.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority 33 U.S.C. 499.
The Atchison Railroad Drawbridge
crosses the Missouri River at mile 422.5
in Atchison, Kansas and operates in
accordance with 33 CFR 117.411 and
117.687 which apply to all drawbridges
over the Missouri River. The vertical
clearance of the bridge in the closed
position is 37.5 feet above zero on this
gage. Due to very limited drawspan
openings and to codify the operating
schedule that has been adopted by the
waterway usersc, the Union Pacific
Railroad requested a two-hour advance
notice of opening the bridge’s drawspan
during the commercial navigation
season.
The Union Pacific Railroad has
documented the limited number of
vessel openings per year at this bridge.
This information is available at the
Coast Guard Western Rivers, Bridge
Branch; see the aforementioned contact
information.
Upon this request and further review
by the Coast Guard, it was concluded
VerDate Sep<11>2014
15:24 Dec 28, 2015
Jkt 238001
that a two-hour advance notice on
drawspan openings of the Atchison
Railroad Drawbridge would not create a
consistency issue with other bridges on
the Missouri River nor adversely affect
navigation.
IV. Discussion of Comments, Changes
and the Final Rule
The Coast Guard provided a comment
period in which no comments were
received.
This rule adds special operating
requirements codifying the customary
advance notice for openings of the
Atchison Railroad Bridge under 33 CFR
part 117, subpart B as required under 33
CFR 117.8. The proposed change will
add a paragraph (b) to 33 CFR 117.411,
a reference to this paragraph in 33 CFR
117.687, and allow for bridge drawspan
openings to take place provided at least
a two-hour advance notice is given.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders (E.O.s) related to
rulemaking. Below we summarize our
analyses based on a number of these
statutes and E.O.s, and we discuss First
Amendment rights of protesters.
A. Regulatory Planning and Review
E.O.s 12866 and 13563 direct agencies
to assess the costs and benefits of
available regulatory alternatives and, if
regulation is necessary, to select
regulatory approaches that maximize
net benefits. E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has not been
designated a ‘‘significant regulatory
action,’’ under E.O. 12866. Accordingly,
it has not been reviewed by the Office
of Management and Budget.
This proposed rule is not a significant
regulatory action and does not require a
full assessment. As a matter of custom
in the area, commercial mariners
already provide advance notice;
therefore this rule has little, if any,
impact on current navigation.
B. 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
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
from the Small Business Administration
on this rule. The Coast Guard certifies
under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact
on a substantial number of small
entities.
This rule is neutral to all business
entities operating on the waterway and
simply requires a two-hour advance
notice to open the bridge. As stated
above, it is custom in the area to provide
advance notice for a requested opening.
This rule simply codifies such notice
already given as a customary practice.
While some owners or operators of
vessels intending to transit the bridge
may be small entities, for the reasons
stated in section V.A above, this rule
will not have a significant economic
impact on any vessel owner or operator.
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.
C. 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).
D. Federalism and Indian Tribal
Government
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 is consistent
with the fundamental federalism
E:\FR\FM\29DER1.SGM
29DER1
Federal Register / Vol. 80, No. 249 / Tuesday, December 29, 2015 / Rules and Regulations
principles and preemption requirements
described in E.O. 13132.
Also, 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.
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 § 117.411 to read as follows:
E. Unfunded Mandates Reform Act
§ 117.411
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.
(a) The draws of the bridges across the
Missouri River shall open on signal;
except during the winter season
between the date of closure and the date
of opening of the commercial navigation
season as published by the Army Corps
of Engineers, the draw need not open
unless at least 24 hours advance notice
is given.
(b) The draw of the Atchison Railroad
Bridge, Mile 422.5, Missouri River need
not open unless a two-hour advance
notice is given during the commercial
navigation season.
■ 3. Revise § 117.687 to read as follows:
F. 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 made a 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 rule
simply promulgates the operating
regulations or procedures for
drawbridges. This action is categorically
excluded from further review, 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.
jstallworth on DSK7TPTVN1PROD with RULES
G. Protest Activities
List of Subjects in 33 CFR Part 117
Bridges.
15:24 Dec 28, 2015
Missouri River.
The draws of the bridges, except for
the Atchison Railroad Bridge, Mile
422.5, see § 117.411(b) for further
details, across the Missouri River shall
open on signal; except during the winter
season between the date of closure and
date of opening of the commercial
navigation season as published by the
Army Corps of Engineers, the draws
need not open unless at least 24-hours
advance notice is given.
Dated: December 11, 2015.
D.R. Callahan,
Rear Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
[FR Doc. 2015–32735 Filed 12–28–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
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.
VerDate Sep<11>2014
§ 117.687
Missouri River.
Jkt 238001
[Docket No. USCG–2015–0814]
RIN 1625–AA09
Drawbridge Operation Regulation;
Lake Pontchartrain, Slidell, LA
Coast Guard, DHS.
Interim rule with request for
comments.
AGENCY:
ACTION:
The Coast Guard is modifying
the method of operation for the Norfolk
SUMMARY:
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
81181
Southern Railroad (Norfolk Southern or
NSRR) Bascule Bridge across Lake
Pontchartrain, mile 4.80, near Slidell,
St. Tammany Parish, Louisiana. The
bridge owner, Norfolk Southern,
requested in writing to operate the draw
of the bridge remotely. This interim rule
codifies the change in method of
operation and increases the efficiency of
railroad operations, allowing for the
operation of the draw from another
location, while allowing for comments
regarding remote operations during the
interim period.
DATES: This interim rule is effective
December 29, 2015.
Comments and related material must
reach the Coast Guard on or before
February 29, 2016.
ADDRESSES: You may submit comments
or view documents mentioned in this
preamble as being available in the
docket, go to https://
www.regulations.gov, type [USCG–
2015–0814]. in the ‘‘SEARCH’’ box and
click ‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
If
you have questions on this interim rule,
call or email Ms. Geri Robinson; Bridge
Administration Branch, Eighth Coast
Guard District; telephone 504–671–
2128, email geri.a.robinson@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
U.S.C. United States Code
NSRR Norfolk Southern Railroad
II. Background Information and
Regulatory History
The Coast Guard is issuing this
interim rule without prior 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), the Coast Guard finds that good
cause exists for not publishing a notice
of proposed rulemaking (NPRM) with
respect to this rule because there will be
no change to the operating schedule of
E:\FR\FM\29DER1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 249 (Tuesday, December 29, 2015)]
[Rules and Regulations]
[Pages 81179-81181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32735]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2014-0358]
RIN 1625-AA09
Drawbridge Operation Regulation; Missouri River, Atchison, KS
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is changing the operating schedule that
governs the Atchison Railroad Drawbridge, Mile 422.5, across the
Missouri River at Atchison, KS. Under this rule the drawbridge will
open on signal if at least a two-hour notification is given. This rule
change allows the bridge to operate under the customary schedule
[[Page 81180]]
that has been adopted by the waterway users.
DATES: This rule is effective on January 28, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2014-0358 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Eric Washburn, Bridge Administrator, Western Rivers,
Bridge Branch, Coast Guard; telephone 314-269-2378, email
Eric.Washburn@uscg.mil.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec. Section Symbol
U.S.C. United States Code
II. Background Information and Regulatory History
On April 10, 2015, we published a notice of proposed rulemaking
(NPRM) entitled, ``Drawbridge Operation Regulation; Missouri River,
Atchison, KS'' in the Federal Register (80 FR 19252). We received no
comments on the proposed rule. No public meeting was requested, and
none was held.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The Atchison Railroad Drawbridge crosses the Missouri River at mile
422.5 in Atchison, Kansas and operates in accordance with 33 CFR
117.411 and 117.687 which apply to all drawbridges over the Missouri
River. The vertical clearance of the bridge in the closed position is
37.5 feet above zero on this gage. Due to very limited drawspan
openings and to codify the operating schedule that has been adopted by
the waterway usersc, the Union Pacific Railroad requested a two-hour
advance notice of opening the bridge's drawspan during the commercial
navigation season.
The Union Pacific Railroad has documented the limited number of
vessel openings per year at this bridge. This information is available
at the Coast Guard Western Rivers, Bridge Branch; see the
aforementioned contact information.
Upon this request and further review by the Coast Guard, it was
concluded that a two-hour advance notice on drawspan openings of the
Atchison Railroad Drawbridge would not create a consistency issue with
other bridges on the Missouri River nor adversely affect navigation.
IV. Discussion of Comments, Changes and the Final Rule
The Coast Guard provided a comment period in which no comments were
received.
This rule adds special operating requirements codifying the
customary advance notice for openings of the Atchison Railroad Bridge
under 33 CFR part 117, subpart B as required under 33 CFR 117.8. The
proposed change will add a paragraph (b) to 33 CFR 117.411, a reference
to this paragraph in 33 CFR 117.687, and allow for bridge drawspan
openings to take place provided at least a two-hour advance notice is
given.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on a number of these statutes and E.O.s, and we discuss
First Amendment rights of protesters.
A. Regulatory Planning and Review
E.O.s 12866 and 13563 direct agencies to assess the costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, it has not been
reviewed by the Office of Management and Budget.
This proposed rule is not a significant regulatory action and does
not require a full assessment. As a matter of custom in the area,
commercial mariners already provide advance notice; therefore this rule
has little, if any, impact on current navigation.
B. 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.
This rule is neutral to all business entities operating on the
waterway and simply requires a two-hour advance notice to open the
bridge. As stated above, it is custom in the area to provide advance
notice for a requested opening. This rule simply codifies such notice
already given as a customary practice. While some owners or operators
of vessels intending to transit the bridge may be small entities, for
the reasons stated in section V.A above, this rule will not have a
significant economic impact on any vessel owner or operator.
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.
C. 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).
D. Federalism and Indian Tribal Government
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 is consistent with the fundamental federalism
[[Page 81181]]
principles and preemption requirements described in E.O. 13132.
Also, 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.
E. 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.
F. 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 made a
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 rule simply promulgates the operating regulations or
procedures for drawbridges. This action is categorically excluded from
further review, 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.
G. 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.
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. 117.411 to read as follows:
Sec. 117.411 Missouri River.
(a) The draws of the bridges across the Missouri River shall open
on signal; except during the winter season between the date of closure
and the date of opening of the commercial navigation season as
published by the Army Corps of Engineers, the draw need not open unless
at least 24 hours advance notice is given.
(b) The draw of the Atchison Railroad Bridge, Mile 422.5, Missouri
River need not open unless a two-hour advance notice is given during
the commercial navigation season.
0
3. Revise Sec. 117.687 to read as follows:
Sec. 117.687 Missouri River.
The draws of the bridges, except for the Atchison Railroad Bridge,
Mile 422.5, see Sec. 117.411(b) for further details, across the
Missouri River shall open on signal; except during the winter season
between the date of closure and date of opening of the commercial
navigation season as published by the Army Corps of Engineers, the
draws need not open unless at least 24-hours advance notice is given.
Dated: December 11, 2015.
D.R. Callahan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2015-32735 Filed 12-28-15; 8:45 am]
BILLING CODE 9110-04-P
