Drawbridge Operation Regulation; Acushnet River, New Bedford and Fairhaven, MA, 8841-8843 [2016-03789]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 81, Number 35 (Tuesday, February 23, 2016)]
[Rules and Regulations]
[Pages 8841-8843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03789]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0058]
RIN 1625-AA09


Drawbridge Operation Regulation; Acushnet River, New Bedford and 
Fairhaven, MA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is making a correction to the operating 
schedule that governs the New Bedford-Fairhaven Rt-6 Bridge, mile 0.0, 
across the Acushnet River, between New Bedford and Fairhaven, MA. On 
July 1, 2013, a technical amendment was published that updated the name 
of the bridge, however, the requested correction was drafted 
incorrectly and three subparagraphs were inadvertently removed from the 
section.

DATES: This rule is effective February 23, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type [USCG-
2016-0058]. 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. Christopher J. Bisignano, Supervisory Bridge 
Management Specialist, First Coast Guard District, Coast Guard; 
telephone (212) 514-4331 or email Christopher.J.Bisignano@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    Each year on July 1, the printed edition of Title 33 of the Code of 
Federal Regulations (CFR) is recodified. On July 1, 2013, the Coast 
Guard published a Final Rule entitled, ``Navigation and Navigable 
Waters; Technical, Organizational, and Conforming Amendments'' in the 
Federal Register (78 FR 39163). This 2013 rule made technical and 
editorial corrections throughout Title 33 but did not create any 
substantive requirements. In this rule the Coast Guard requested that 
the term ``drawspan'' be replaced with the actual name of the bridge 
(New Bedford-Fairhaven Rt-6 Bridge) in 33 CFR 117.585(a). However, 
misinterpretation of the asterisks in the regulatory text, which were 
used to denote that all paragraphs and subordinate paragraphs after 
paragraph (a) in Sec.  117.585 were to remain unchanged, caused the 
subparagraphs (1) through (3) to be removed.
    The Coast Guard is issuing this final 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

[[Page 8842]]

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 the publishing of the Final Rule entitled, 
``Navigation and Navigable Waters; Technical, Organizational, and 
Conforming Amendments,'' in the Federal Register (78 FR 39163) on July 
1, 2013, inadvertently removed established regulatory language. The 
three subparagraphs under 33 CFR 117.585(a) were inadvertently removed 
from the CFR. Therefore, it is unnecessary to issue a rule without 
prior notice and opportunity to comment.
    We are issuing this rule under 5 U.S.C. 553(d)(3), the Coast Guard 
finds that good cause exists for making this rule effective in less 
than 30 days after publication in the Federal Register for the same 
reasons as stated above.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
    The purpose of this rule is to correct an error that occurred in 
the publication of the Final Rule on July 1, 2013, entitled, 
``Navigation and Navigable Waters; Technical, Organizational, and 
Conforming Amendments,'' in the Federal Register (78 FR 39163). The use 
of the asterisks in the regulatory text were misinterpreted causing 
subparagraphs (1) through (3) to be inadvertently removed from 33 CFR 
117.585(a).
    The New Bedford-Fairhaven Rt-6 Bridge remains an active bridge and 
subparagraph's (1) through (3) contain the actual operating schedule 
for the bridge. The bridge continues to operate under that schedule and 
the subparagraphs need to be reinserted into 33 CFR 117.585(a) to 
inform the public of the legal operating schedule of the bridge.

IV. Discussion of Final Rule

    This rule will correct 33 CFR 117.585(a) by restoring subparagraphs 
(1) through (3) which contain the actual operating schedule for the New 
Bedford-Fairhaven Rt-6 Bridge. As paragraph (a) is currently codified 
in the rule, there is only the introductory language. This language by 
itself does not explain to the public the operating schedule for the 
bridge. The intention of this rule is to restore the operating language 
to 33 CFR 117.585(a) as it appeared immediately prior to the July 1, 
2013, codification of 33 CFR.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive Orders, and we 
discuss First Amendment rights of protesters.

A. Regulatory Planning and Review

    Executive Orders 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. Executive Order 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 Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    The Coast Guard does not consider this rule to be ``significant'' 
under that Order because it corrects inadvertently omitted language 
that is consistent with the current operation of the bridge. Therefore, 
this rule does not affect the way vessels operate on the waterway near 
and through the bridge.

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 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.
    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. While the operating schedule was 
inadvertently removed from the rule, the bridge continues to operate as 
it had prior to the removal of the operating schedule in the CFR.
    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 
principles and preemption requirements described in Executive Order 
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 expenditure, we

[[Page 8843]]

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.  117.585(a) to read as follows:


Sec.  117.585  Acushnet River.

    (a) The New Bedford-Fairhaven RT-6 Bridge, mile 0.0 will be opened 
promptly, provided proper signal is given, on the following schedule:
    (1) On the hour between 6 a.m. and 10 a.m. inclusive.
    (2) At a quarter past the hour between 11:15 a.m. and 6:15 p.m. 
inclusive.
    (3) At all other times on call.
* * * * *

    Dated: February 8, 2016.
L.L. Fagan,
Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2016-03789 Filed 2-22-16; 8:45 am]
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