Drawbridge Operation Regulation; Broad Creek, Laurel, DE, 33590-33591 [2016-12627]

Download as PDF 33590 Federal Register / Vol. 81, No. 103 / Friday, May 27, 2016 / Rules and Regulations Act, the operation of foreign missions, and the United States’ extension of privileges, exemptions, immunities, benefits, and courtesies to foreign government officials, members/ employees and officers of foreign missions and certain international organizations in the United States, their immediate family members, and domestic workers who are in the United States in nonimmigrant A–3 or G–5 visa status. For additional background, see the notice of proposed rulemaking and the system of records notice published on December 17, 2015 (80 FR 78704 and 80 FR 78812, respectively). The Department received no public comment on these documents. List of Subjects in 22 CFR Part 171 Privacy. For the reasons stated in the preamble, 22 CFR part 171 is amended as follows: regulation requiring a four-hour advance notice and allows the bridge to remain in the closed to navigation position. This final rule aligns the operating schedule with the observed lack of marine traffic that requires a bridge opening and the operating regulations for the Poplar Street and US Highway 13A, which also cross Broad Creek. DATES: This rule is effective June 27, 2016. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG 2015– 1011 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 Mrs. Jessica Shea, Fifth Coast Guard District (dpb), at (757) 398–6422, email jessica.c.shea2@uscg.mil. SUPPLEMENTARY INFORMATION: PART 171—[AMENDED] I. Table of Abbreviations 1. The authority citation for part 171 continues to read as follows: CFR Code of Federal Regulations DHS Department of Homeland Security E.O. Executive order FR Federal Register NPRM Notice of proposed rulemaking Pub. L. Public Law § Section U.S.C. United States Code ■ Authority: 22 U.S.C. 2651a; 5 U.S.C. 552, 552a; E.O. 12600 (52 FR 23781); Pub. L. 95– 521, 92 Stat. 1824 (codified as amended as 5 U.S.C. app. 101–505); 5 CFR part 2634. § 171.26—[Amended] 2. Section § 171.26 is amended by adding an entry, in alphabetical order, for ‘‘Office of Foreign Missions Records, STATE–81’’ to the list in paragraph (b)(2). ■ Joyce A. Barr, Assistant Secretary for Administration, U.S. Department of State. [FR Doc. 2016–12621 Filed 5–26–16; 8:45 am] BILLING CODE 4710–43–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2015–1011] RIN 1625–AA09 Drawbridge Operation Regulation; Broad Creek, Laurel, DE Coast Guard, DHS. Final rule. rmajette on DSK2TPTVN1PROD with RULES AGENCY: ACTION: The Coast Guard is changing the regulation that governs the operation of the Norfolk Southern Railroad Bridge over Broad Creek, mile 8.0, at Laurel, DE. This final rule changes the current SUMMARY: VerDate Sep<11>2014 15:21 May 26, 2016 Jkt 238001 II. Background Information and Regulatory History On February 3, 2016, we published a notice of proposed rulemaking (NPRM) entitled Drawbridge Operation Regulation; Broad Creek, Laurel, DE in the Federal Register (81 FR 5679). We received one comment on this rule. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority 33 U.S.C. 499. The bridge owner, Norfolk Southern, made a request under 33 CFR 117.39 that the operating regulations be revised due to infrequent openings. The Norfolk Southern Railroad Bridge over Broad Creek, mile 8.0, at Laurel, DE, is a swing bridge that has a vertical clearance of fourteen feet above mean high water in the closed to navigation position and is unlimited in the open to navigation position. Presently, the bridge opens with 4 hour advance notice in accordance with 33 CFR 117.233(a). This final rule changes the status of the Norfolk Southern Broad Creek railroad bridge to need not open for the passage of vessels. There have been no requests for openings from vessels since Norfolk Southern acquired the bridge in 1999. In order to align the operating schedule of PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 the bridge with observed marine traffic, this change amends the regulation to state that the bridge need not open. The lack of requests from vessels for bridge openings since 1999 illustrate that the vessels that use this waterway can safely navigate while the drawbridge is in the closed-to-navigation position. IV. Discussion of Comments, Changes and the Final Rule One comment was made in response to the NPRM. The comment was in favor of the need not open status. There were no changes made to the final rule from what was proposed in the NPRM. This rule changes the status of the Norfolk Southern Railroad Bridge to need not open for the passage of vessels. This action aligns the operating schedule of the bridge with the lack observed marine traffic that requires an opening and with the operating schedule for other drawbridges on this waterway. The change amends the regulation to state that the bridge need not open. 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. This regulatory action determination is based on the observed lack of marine traffic that requires a bridge opening. 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 E:\FR\FM\27MYR1.SGM 27MYR1 Federal Register / Vol. 81, No. 103 / Friday, May 27, 2016 / Rules and Regulations 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. 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. As discussed in the NPRM, commercial traffic on Broad Creek, DE has not been present since the 1970s. The gradual change in the characteristics of the waterway shows that there will not be a significant economic impact of changing the drawbridge operating regulations on Broad Creek, DE. 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. rmajette on DSK2TPTVN1PROD with RULES 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 VerDate Sep<11>2014 15:21 May 26, 2016 Jkt 238001 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 an expenditure, we do discuss the effects of this rule elsewhere in this preamble. 33591 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; and Department of Homeland Security Delegation No. 0170.1. ■ 2. Revise § 117.233 to read as follows: § 117.233 Broad Creek. The draws of the Norfolk Southern bridge, mile 8.0, the Poplar Street Bridge, mile 8.2 and the U.S. 13A Bridge, mile 8.25, all in Laurel, need not open for the passage of vessels. Dated: May 18, 2016. Meredith L. Austin, Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. 2016–12627 Filed 5–26–16; 8:45 am] BILLING CODE 9110–04–P F. Environment DEPARTMENT OF COMMERCE 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. Patent and Trademark Office 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. PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 37 CFR Part 11 [Docket No.: PTO–C–2015–0018] RIN 0651–AC99 USPTO Law School Clinic Certification Program United States Patent and Trademark Office, Commerce. ACTION: Final rule. AGENCY: The United States Patent and Trademark Office (‘‘Office’’ or ‘‘USPTO’’) is issuing a final rule to comply with a Public Law enacted on December 16, 2014. This law requires the USPTO Director to establish regulations and procedures for application to, and participation in, the USPTO Law School Clinic Certification Program. The program allows students enrolled in a participating law school’s clinic to practice patent and trademark law before the USPTO under the direct supervision of an approved faculty clinic supervisor by drafting, filing, and prosecuting patent or trademark applications, or both, on a pro bono basis for clients who qualify for assistance from the law school’s clinic. DATES: This rule is effective on June 27, 2016. SUMMARY: E:\FR\FM\27MYR1.SGM 27MYR1

Agencies

[Federal Register Volume 81, Number 103 (Friday, May 27, 2016)]
[Rules and Regulations]
[Pages 33590-33591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12627]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2015-1011]
RIN 1625-AA09


Drawbridge Operation Regulation; Broad Creek, Laurel, DE

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is changing the regulation that governs the 
operation of the Norfolk Southern Railroad Bridge over Broad Creek, 
mile 8.0, at Laurel, DE. This final rule changes the current regulation 
requiring a four-hour advance notice and allows the bridge to remain in 
the closed to navigation position. This final rule aligns the operating 
schedule with the observed lack of marine traffic that requires a 
bridge opening and the operating regulations for the Poplar Street and 
US Highway 13A, which also cross Broad Creek.

DATES: This rule is effective June 27, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG 
2015-1011 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 Mrs. Jessica Shea, Fifth Coast Guard District (dpb), at 
(757) 398-6422, email jessica.c.shea2@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On February 3, 2016, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation; Broad Creek, Laurel, 
DE in the Federal Register (81 FR 5679). We received one comment on 
this rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499. 
The bridge owner, Norfolk Southern, made a request under 33 CFR 117.39 
that the operating regulations be revised due to infrequent openings. 
The Norfolk Southern Railroad Bridge over Broad Creek, mile 8.0, at 
Laurel, DE, is a swing bridge that has a vertical clearance of fourteen 
feet above mean high water in the closed to navigation position and is 
unlimited in the open to navigation position.
    Presently, the bridge opens with 4 hour advance notice in 
accordance with 33 CFR 117.233(a). This final rule changes the status 
of the Norfolk Southern Broad Creek railroad bridge to need not open 
for the passage of vessels. There have been no requests for openings 
from vessels since Norfolk Southern acquired the bridge in 1999. In 
order to align the operating schedule of the bridge with observed 
marine traffic, this change amends the regulation to state that the 
bridge need not open. The lack of requests from vessels for bridge 
openings since 1999 illustrate that the vessels that use this waterway 
can safely navigate while the drawbridge is in the closed-to-navigation 
position.

IV. Discussion of Comments, Changes and the Final Rule

    One comment was made in response to the NPRM. The comment was in 
favor of the need not open status. There were no changes made to the 
final rule from what was proposed in the NPRM.
    This rule changes the status of the Norfolk Southern Railroad 
Bridge to need not open for the passage of vessels. This action aligns 
the operating schedule of the bridge with the lack observed marine 
traffic that requires an opening and with the operating schedule for 
other drawbridges on this waterway. The change amends the regulation to 
state that the bridge need not open.

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. This regulatory action determination is based on the observed 
lack of marine traffic that requires a bridge opening.

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

[[Page 33591]]

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.
    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. As discussed in the NPRM, commercial traffic 
on Broad Creek, DE has not been present since the 1970s. The gradual 
change in the characteristics of the waterway shows that there will not 
be a significant economic impact of changing the drawbridge operating 
regulations on Broad Creek, DE.
    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 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; and Department of 
Homeland Security Delegation No. 0170.1.


0
2. Revise Sec.  117.233 to read as follows:


Sec.  117.233  Broad Creek.

    The draws of the Norfolk Southern bridge, mile 8.0, the Poplar 
Street Bridge, mile 8.2 and the U.S. 13A Bridge, mile 8.25, all in 
Laurel, need not open for the passage of vessels.

    Dated: May 18, 2016.
Meredith L. Austin,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard 
District.
[FR Doc. 2016-12627 Filed 5-26-16; 8:45 am]
BILLING CODE 9110-04-P