Drawbridge Operation Regulation; Kennebec River, Richmond and Dresden, ME, 36166-36167 [2016-13346]
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36166
Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations
TABLE TO § 165.171—Continued
• Time (Approximate): 9:00 a.m. to 3 p.m.
• Location: Essex Beggs Point Park, Essex, NY, to Charlotte Beach,
Charlotte, VT within the following points (NAD 83):
44°18′32″ N., 073°20′52″ W.
44°20′03″ N., 073°16′53″ W.
1 Date
subject to change. Exact date will be posted in Notice of Enforcement and Local Notice to Mariners.
Dated: May 16, 2016.
M.A. Baroody,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Northern New England.
Pub. L. Public Law
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
[FR Doc. 2016–13334 Filed 6–3–16; 8:45 a.m.]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2016–0344]
RIN 1625–AA09
Drawbridge Operation Regulation;
Kennebec River, Richmond and
Dresden, ME
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is removing
the existing drawbridge operation
regulation for the Route-197 Bridge
(Maine-Kennebec Bridge), across
Kennebec River between Richmond and
Dresden, Maine. The drawbridge was
replaced with a fixed bridge in 2015 and
the operating regulation is no longer
applicable or necessary.
DATES: This rule is effective June 6,
2016.
ADDRESSES: To view documents in this
preamble as being available in the
docket, go to https://
www.regulations.gov, Type [USCG–
2016–0344]. 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. Jim Rousseau, Project Officer,
First Coast Guard District Bridge
Branch, Coast Guard, telephone 617–
223–8619, email james.l.rousseau2@
uscg.mil.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK3G9T082PROD with RULES
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed
rulemaking
VerDate Sep<11>2014
16:21 Jun 03, 2016
Jkt 238001
CFR 117.525, that pertains to the former
drawbridge.
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
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 Route197-Bridge, that once required draw
operations in 33 CFR 117.525(b) was
removed from the Kennebec River and
replaced with a fixed bridge in 2015.
Therefore, the regulation is no longer
applicable and should be removed from
publication. It is unnecessary to publish
an NPRM because this regulatory action
does not place any restrictions on
mariners but rather removes restrictions
that have no further use or value.
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. The
bridge has been fixed bridge for 4
months and this rule merely requires an
administrative change to the Code of
Federal Regulations, in order to omit a
regulatory requirement that is no longer
applicable or necessary. The
modification has already taken place
and the removal of the regulation will
not affect mariners currently operating
on this waterway. Therefore, a delayed
effective date is unnecessary.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority 33 U.S.C. 499.
The Route-197 Bridge (Maine
Kennebec Bridge) was removed and
replaced with a fixed bridge in 2015.
The elimination of this drawbridge
necessitates the removal of the
drawbridge operation regulation, 33
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
IV. Discussion of the Final Rule
The Coast Guard is changing the
regulation in 33 CFR 117.525 by
removing restrictions and the regulatory
burden related to the draw operations
for this bridge that is no longer a
drawbridge. The change removes the
paragraph (b) of the regulation
governing the Route-197 Bridge since
the bridge has been replace with a fixed
bridge. This change does not affect
waterway or land traffic. This change
does not affect nor does it alter the
operating schedule in 33 CFR 117.525
that govern the remaining active
drawbridge on the Kennebec River.
V. Regulatory Analysis
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 or
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 fact that the bridge was
removed from the waterway and no
longer operates as a drawbridge. The
removal of the operation schedule from
33 CFR part 117 will have no effect on
the movement of waterway or land
traffic.
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
E:\FR\FM\06JNR1.SGM
06JNR1
Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations
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.
For the reasons stated in section V.A
above this final rule would 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.
mstockstill on DSK3G9T082PROD 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
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
VerDate Sep<11>2014
16:21 Jun 03, 2016
Jkt 238001
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
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.
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:
PO 00000
Frm 00031
Fmt 4700
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 § 117.525 to read as follows:
§ 117.525
Kennebec River.
The draw of the Carlton Bridge, mile
14.0, between Bath and Woolwich shall
operate as follows:
(a) From May 15 through September
30 the draw shall open on signal; except
that, from 5 p.m. to 8 a.m., the draw
shall open on signal if a two-hour notice
is given by calling the number posted at
the bridge.
(b) From October 1 through May14 the
draw shall open on signal; except that,
from 5 p.m. to 8 a.m., the draw shall
open on signal after a twenty-four hours
notice is given from 8 a.m. to 5 p.m., on
Saturday and Sunday, after an eighthour notice is given by calling the
number posted at the bridge.
Dated: May 20, 2016.
L.L. Fagan,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2016–13346 Filed 6–3–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2016–0298]
Safety Zones; Multiple Fireworks in
Captain of the Port New York Zone
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
various safety zones within the Captain
of the Port New York Zone on the
specified dates and times. This action is
necessary to ensure the safety of vessels
and spectators from hazards associated
with fireworks displays. During the
enforcement period, no person or vessel
may enter the safety zones without
permission of the Captain of the Port
(COTP).
DATES: The regulation for the safety
zones described in 33 CFR 165.160 will
be enforced on the dates and times
listed in the table below.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice of
SUMMARY:
G. Protest Activities
Sfmt 4700
36167
E:\FR\FM\06JNR1.SGM
06JNR1
Agencies
[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Rules and Regulations]
[Pages 36166-36167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13346]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2016-0344]
RIN 1625-AA09
Drawbridge Operation Regulation; Kennebec River, Richmond and
Dresden, ME
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is removing the existing drawbridge operation
regulation for the Route-197 Bridge (Maine-Kennebec Bridge), across
Kennebec River between Richmond and Dresden, Maine. The drawbridge was
replaced with a fixed bridge in 2015 and the operating regulation is no
longer applicable or necessary.
DATES: This rule is effective June 6, 2016.
ADDRESSES: To view documents in this preamble as being available in the
docket, go to https://www.regulations.gov, Type [USCG-2016-0344]. 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. Jim Rousseau, Project Officer, First Coast Guard
District Bridge Branch, Coast Guard, telephone 617-223-8619, email
james.l.rousseau2@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
SNPRM Supplemental notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
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 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 Route-197-Bridge, that once
required draw operations in 33 CFR 117.525(b) was removed from the
Kennebec River and replaced with a fixed bridge in 2015. Therefore, the
regulation is no longer applicable and should be removed from
publication. It is unnecessary to publish an NPRM because this
regulatory action does not place any restrictions on mariners but
rather removes restrictions that have no further use or value.
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. The bridge has
been fixed bridge for 4 months and this rule merely requires an
administrative change to the Code of Federal Regulations, in order to
omit a regulatory requirement that is no longer applicable or
necessary. The modification has already taken place and the removal of
the regulation will not affect mariners currently operating on this
waterway. Therefore, a delayed effective date is unnecessary.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The Route-197 Bridge (Maine Kennebec Bridge) was removed and
replaced with a fixed bridge in 2015. The elimination of this
drawbridge necessitates the removal of the drawbridge operation
regulation, 33 CFR 117.525, that pertains to the former drawbridge.
IV. Discussion of the Final Rule
The Coast Guard is changing the regulation in 33 CFR 117.525 by
removing restrictions and the regulatory burden related to the draw
operations for this bridge that is no longer a drawbridge. The change
removes the paragraph (b) of the regulation governing the Route-197
Bridge since the bridge has been replace with a fixed bridge. This
change does not affect waterway or land traffic. This change does not
affect nor does it alter the operating schedule in 33 CFR 117.525 that
govern the remaining active drawbridge on the Kennebec River.
V. Regulatory Analysis
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 or 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 fact that the
bridge was removed from the waterway and no longer operates as a
drawbridge. The removal of the operation schedule from 33 CFR part 117
will have no effect on the movement of waterway or land traffic.
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
[[Page 36167]]
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.
For the reasons stated in section V.A above this final rule would
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
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 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. 117.525 to read as follows:
Sec. 117.525 Kennebec River.
The draw of the Carlton Bridge, mile 14.0, between Bath and
Woolwich shall operate as follows:
(a) From May 15 through September 30 the draw shall open on signal;
except that, from 5 p.m. to 8 a.m., the draw shall open on signal if a
two-hour notice is given by calling the number posted at the bridge.
(b) From October 1 through May14 the draw shall open on signal;
except that, from 5 p.m. to 8 a.m., the draw shall open on signal after
a twenty-four hours notice is given from 8 a.m. to 5 p.m., on Saturday
and Sunday, after an eight-hour notice is given by calling the number
posted at the bridge.
Dated: May 20, 2016.
L.L. Fagan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2016-13346 Filed 6-3-16; 8:45 am]
BILLING CODE 9110-04-P