Drawbridge Operation Regulation; Nanticoke River, Seaford, DE, 31036-31038 [2017-14068]
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31036
Federal Register / Vol. 82, No. 127 / Wednesday, July 5, 2017 / Proposed Rules
Notice of opportunity for oral
presentation of comments.
ACTION:
The Consumer Product Safety
Commission (CPSC, Commission)
announces that there will be an
opportunity for interested persons to
present oral comments on the notice of
proposed rulemaking (NPR) the
Commission issued to address bladecontact injuries on table saws. The NPR
proposed a standard that requires table
saws limit the depth of cut to 3.5
millimeters when a test probe, acting as
surrogate for a human body/finger,
contacts the spinning blade at a radial
approach rate of 1 meter per second (m/
s). Any oral comments will be part of
the rulemaking record.
DATES: The meeting will begin at 10
a.m., August 9, 2017, in the Hearing
Room, 4th Floor of the Bethesda Towers
Building, 4330 East West Highway,
Bethesda, MD 20814. Requests to make
oral presentations and the written text
of any oral presentations must be
received by the Office of the Secretary
not later than 5 p.m. Eastern Standard
Time (EST) on August 2, 2017.
ADDRESSES: The meeting will be in the
Hearing Room, 4th Floor of the Bethesda
Towers Building, 4330 East West
Highway, Bethesda, MD 20814.
Requests to make oral presentations,
and texts of oral presentations, should
be captioned: ‘‘Table Saws NPR; Oral
Presentation’’ and submitted by email to
cpsc-os@cpsc.gov, or mailed or
delivered to the Office of the Secretary,
Consumer Product Safety Commission,
4330 East-West Highway, Bethesda, MD
20814, not later than 5 p.m. EST on
August 2, 2017.
FOR FURTHER INFORMATION CONTACT: For
information about the purpose or
subject matter of this meeting, contact
Caroleene Paul, Project Manager,
Directorate for Engineering Sciences,
Consumer Product Safety Commission,
5 Research Place, Rockville, MD 20850;
telephone (301) 987–2225; cpaul@
cpsc.gov. For information about the
procedure to make an oral presentation,
contact Rockelle Hammond, Office of
the Secretary, Consumer Product Safety
Commission, 4330 East-West Highway,
Bethesda, MD 20814; telephone (301)
504–7923.
SUPPLEMENTARY INFORMATION:
sradovich on DSK3GMQ082PROD with PROPOSALS
SUMMARY:
On October 11, 2011, the Commission
published an advance notice of
proposed rulemaking (ANPR) to
consider whether there may be an
unreasonable risk of blade-contact
injuries associated with table saws. 76
FR 62678. On May 12, 2017, the
16:19 Jul 03, 2017
B. The Public Meeting
The CPSA requires that the
Commission provide an opportunity for
the ‘‘oral presentation of data, views, or
arguments,’’ in addition to written
comments, when the Commission
develops a consumer product safety
standard. 15 U.S.C. 2058(d)(2). Thus,
the Commission is providing this forum
for oral presentations concerning the
proposed standard addressing bladecontact injuries on table saws. See the
information under the headings DATES
and ADDRESSES at the beginning of this
document for information on making
requests to give oral presentations at the
meeting.
Participants should limit their
presentations to approximately 10
minutes, exclusive of any periods of
questioning by the Commissioners or
CPSC staff. To prevent duplicative
presentations, groups will be directed to
designate a spokesperson. The
Commission reserves the right to limit
the time further for any presentation
and impose restrictions to avoid
excessive duplication of presentations,
if necessary.
Dated: June 29, 2017.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety
Commission.
[FR Doc. 2017–14035 Filed 7–3–17; 8:45 am]
A. Background
VerDate Sep<11>2014
Commission published an NPR finding
preliminarily that there is an
unreasonable risk of blade-contact
injuries associated with table saws. 82
FR 22190. To address the risk, the NPR
proposed a performance requirement for
table saws that would limit the depth of
cut to 3.5 mm or less, when a test probe,
acting as surrogate for a human body/
finger, contacts the spinning blade at a
radial approach rate of 1 m/s. The
proposed requirement would be issued
under the Consumer Product Safety Act
(CPSA). The NPR is available at: https://
www.gpo.gov/fdsys/pkg/FR-2017-05-12/
pdf/2017-09098.pdf. The staff’s briefing
package is available at: https://
www.cpsc.gov/s3fs-public/Proposed%
20Rule%20-%20Safety%20Standard%
20for%20Blade-Contact%20Injuries
%20on%20Table%20Saws%20%20January%2017%202017.pdf.
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2017–0162]
RIN 1625–AA09
Drawbridge Operation Regulation;
Nanticoke River, Seaford, DE
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
modify the operating schedule that
governs the SR 13 Bridge across the
Nanticoke River, mile 39.6, in Seaford,
DE. This proposal will require the
bridge to open on signal every Saturday
and Sunday during the winter season, if
at least 24 hours notice is given. This
action is necessary to balance bridge
operations and maintenance with the
existing needs of navigation.
DATES: Comments and related material
must reach the Coast Guard on or before
September 5, 2017.
ADDRESSES: You may submit comments
identified by docket number USCG–
2017–0162 using Federal eRulemaking
Portal at https://www.regulations.gov.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
SUMMARY:
If
you have questions on this proposed
rule, call or email Mr. Martin A.
Bridges, Fifth Coast Guard District
(dpb), at (757) 398–6422, email
Martin.A.Bridges@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
§ Section
U.S.C. United States Code
II. Background, Purpose and Legal
Basis
The US 13 Bridge across the
Nanticoke River, Mile 39.6, in Seaford,
DE, owned and operated by the
Delaware Department of Transportation,
has a vertical clearance of three feet
above mean high water in the closed-tonavigation position. There is a monthly
average of three bridge openings on
Saturdays and Sundays, from 7:30 a.m.
to 3:30 p.m., from November 1 through
March 31, which allow one or more
vessels to transit through the bridge
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Federal Register / Vol. 82, No. 127 / Wednesday, July 5, 2017 / Proposed Rules
during each opening. The bridge is
normally maintained in the closed
position, due to the volume of vehicular
traffic crossing the bridge. The current
operating schedule is published in 33
CFR 117.243(b). The Coast Guard’s
authority to make a permanent change
to a drawbridge operating schedule is
contained in 33 CFR 117.8.
The Nanticoke River is predominately
used by recreational vessels and
pleasure craft. Data contained in the
bridge tender logs provided by the
Delaware Department of Transportation
documenting the three-year average
number of bridge openings, maximum
number of bridge openings, and
weekend bridge openings between 7:30
a.m. and 3:30 p.m., by month and
overall for 2014 through 2016, is
presented below.
Average
openings
Month
January ........................................................................................................................................
February .......................................................................................................................................
March ...........................................................................................................................................
April ..............................................................................................................................................
May ..............................................................................................................................................
June .............................................................................................................................................
July ...............................................................................................................................................
August ..........................................................................................................................................
September ...................................................................................................................................
October ........................................................................................................................................
November ....................................................................................................................................
December ....................................................................................................................................
Monthly ........................................................................................................................................
Daily .............................................................................................................................................
This proposed modification of the
operating schedule for the bridge is
designed to balance bridge operations
and maintenance with the existing
needs of navigation.
III. Discussion of Proposed Rule
The Delaware Department of
Transportation requested to modify the
operating regulation for the bridge, due
to the limited number of requested
openings of the bridge on Saturday and
Sunday, from 7:30 a.m. to 3:30 p.m.,
from November 1 through March 31,
over approximately the past three years.
The data presented in the table above
demonstrates that the requested
modification may be implemented with
de minimis impact to navigation. The
modification requested will require the
bridge to open on signal on Saturday
and Sunday; from 7:31 a.m. to 3:29 p.m.,
from November 1 through March 31, if
at least 24 hours notice is given. All
other provisions of 33 CFR 117.243(b)
will remain the same.
sradovich on DSK3GMQ082PROD with PROPOSALS
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on these statutes and Executive
Orders and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
VerDate Sep<11>2014
16:19 Jul 03, 2017
Jkt 241001
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This NPRM has not
been designated a ‘‘significant
regulatory action’’ under Executive
Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This is not considered a significant
regulatory action. This determination is
based on the findings that: (1) The
potential impact is small, given the
limited number of vessels requiring a
bridge opening during the time frame of
the proposed modification, and (2)
vessels will be able to transit through
the bridge during the time frame of the
proposed modification, given the bridge
will open on signal, if at least 24 hours
notice is given.
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.
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11
1
21
72
138
150
280
198
144
51
8
1
89
3
Maximum
openings
31
3
53
91
192
168
175
223
214
66
13
4
223
7
Proposed
weekends
average
openings
7:30 a.m.–
3:30 p.m.
3
1
4
N/A
N/A
N/A
N/A
N/A
N/A
N/A
5
1
3
<1
605 (b) that this proposed rule would
not have a significant economic impact
on a substantial number of small
entities. The potential impact to all
vessels is small, given the limited
number of vessels requiring a bridge
opening during the time frame of the
proposed modification. All vessels will
be able to transit through the bridge
during the time frame of the proposed
modification, given the bridge will open
on signal, if at least 24 hours notice is
given.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed 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. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
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Federal Register / Vol. 82, No. 127 / Wednesday, July 5, 2017 / Proposed Rules
C. Collection of Information
This proposed rule would call 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 proposed 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 proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would 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.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section above.
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
proposed rule will not result in such an
expenditure, we do discuss the effects of
this proposed rule elsewhere in this
preamble.
sradovich on DSK3GMQ082PROD with PROPOSALS
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction M16475.l
VerDate Sep<11>2014
16:19 Jul 03, 2017
Jkt 241001
(series), 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 preliminary 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 proposed
rule simply promulgates the operating
regulations or procedures for
drawbridges. Normally such actions are
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, a Record of
Environmental Consideration (REC) and
a Memorandum for the Record (MFR)
are not required for this rule. We seek
any comments or information that may
lead to the discovery of a significant
environmental impact from this
proposed 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.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
PO 00000
Frm 00030
Fmt 4702
Sfmt 9990
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, you may review a Privacy
Act notice regarding the Federal Docket
Management System in the March 24,
2005, issue of the Federal Register (70
FR 15086).
Documents mentioned in this notice
and all public comments, are in our
online docket at https://
www.regulations.gov and can be viewed
by following that Web site’s
instructions. Additionally, if you go to
the online docket and sign up for email
alerts, you will be notified when
comments are posted or a final rule is
published.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 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 § 117.243(b) to read as
follows:
■
§ 117.243
Nanticoke River.
*
*
*
*
*
(b) The draw of the SR 13 Bridge, mile
39.6, in Seaford shall:
(1) Open on signal, except from 6 p.m.
to 8 a.m., from April 1 through October
31; from November 1 through March 31,
Monday to Friday and on Saturday and
Sunday from 3:30 p.m. to 7:30 a.m., if
at least four hours notice is given.
(2) Open on signal, on Saturday and
Sunday, from 7:31 a.m. through 3:29
p.m., from November 1 through March
31, if at least 24 hours notice is given.
Dated: June 21, 2017.
M.L. Austin,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. 2017–14068 Filed 7–3–17; 8:45 am]
BILLING CODE 9110–04–P
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]]>Agencies
[Federal Register Volume 82, Number 127 (Wednesday, July 5, 2017)]
[Proposed Rules]
[Pages 31036-31038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14068]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2017-0162]
RIN 1625-AA09
Drawbridge Operation Regulation; Nanticoke River, Seaford, DE
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to modify the operating schedule that
governs the SR 13 Bridge across the Nanticoke River, mile 39.6, in
Seaford, DE. This proposal will require the bridge to open on signal
every Saturday and Sunday during the winter season, if at least 24
hours notice is given. This action is necessary to balance bridge
operations and maintenance with the existing needs of navigation.
DATES: Comments and related material must reach the Coast Guard on or
before September 5, 2017.
ADDRESSES: You may submit comments identified by docket number USCG-
2017-0162 using Federal eRulemaking Portal at https://www.regulations.gov.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mr. Martin A. Bridges, Fifth Coast Guard District
(dpb), at (757) 398-6422, email Martin.A.Bridges@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, Purpose and Legal Basis
The US 13 Bridge across the Nanticoke River, Mile 39.6, in Seaford,
DE, owned and operated by the Delaware Department of Transportation,
has a vertical clearance of three feet above mean high water in the
closed-to-navigation position. There is a monthly average of three
bridge openings on Saturdays and Sundays, from 7:30 a.m. to 3:30 p.m.,
from November 1 through March 31, which allow one or more vessels to
transit through the bridge
[[Page 31037]]
during each opening. The bridge is normally maintained in the closed
position, due to the volume of vehicular traffic crossing the bridge.
The current operating schedule is published in 33 CFR 117.243(b). The
Coast Guard's authority to make a permanent change to a drawbridge
operating schedule is contained in 33 CFR 117.8.
The Nanticoke River is predominately used by recreational vessels
and pleasure craft. Data contained in the bridge tender logs provided
by the Delaware Department of Transportation documenting the three-year
average number of bridge openings, maximum number of bridge openings,
and weekend bridge openings between 7:30 a.m. and 3:30 p.m., by month
and overall for 2014 through 2016, is presented below.
----------------------------------------------------------------------------------------------------------------
Proposed
weekends
Average Maximum average
Month openings openings openings 7:30
a.m.- 3:30
p.m.
----------------------------------------------------------------------------------------------------------------
January......................................................... 11 31 3
February........................................................ 1 3 1
March........................................................... 21 53 4
April........................................................... 72 91 N/A
May............................................................. 138 192 N/A
June............................................................ 150 168 N/A
July............................................................ 280 175 N/A
August.......................................................... 198 223 N/A
September....................................................... 144 214 N/A
October......................................................... 51 66 N/A
November........................................................ 8 13 5
December........................................................ 1 4 1
Monthly......................................................... 89 223 3
Daily........................................................... 3 7 <1
----------------------------------------------------------------------------------------------------------------
This proposed modification of the operating schedule for the bridge
is designed to balance bridge operations and maintenance with the
existing needs of navigation.
III. Discussion of Proposed Rule
The Delaware Department of Transportation requested to modify the
operating regulation for the bridge, due to the limited number of
requested openings of the bridge on Saturday and Sunday, from 7:30 a.m.
to 3:30 p.m., from November 1 through March 31, over approximately the
past three years. The data presented in the table above demonstrates
that the requested modification may be implemented with de minimis
impact to navigation. The modification requested will require the
bridge to open on signal on Saturday and Sunday; from 7:31 a.m. to 3:29
p.m., from November 1 through March 31, if at least 24 hours notice is
given. All other provisions of 33 CFR 117.243(b) will remain the same.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on these statutes and Executive Orders and we discuss
First Amendment rights of protestors.
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 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This is not considered a significant regulatory action. This
determination is based on the findings that: (1) The potential impact
is small, given the limited number of vessels requiring a bridge
opening during the time frame of the proposed modification, and (2)
vessels will be able to transit through the bridge during the time
frame of the proposed modification, given the bridge will open on
signal, if at least 24 hours notice is given.
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
proposed rule would not have a significant economic impact on a
substantial number of small entities. The potential impact to all
vessels is small, given the limited number of vessels requiring a
bridge opening during the time frame of the proposed modification. All
vessels will be able to transit through the bridge during the time
frame of the proposed modification, given the bridge will open on
signal, if at least 24 hours notice is given.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
[[Page 31038]]
C. Collection of Information
This proposed rule would call 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section above.
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 proposed rule will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.l (series), 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 preliminary 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 proposed rule
simply promulgates the operating regulations or procedures for
drawbridges. Normally such actions are 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, a Record
of Environmental Consideration (REC) and a Memorandum for the Record
(MFR) are not required for this rule. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
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We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
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Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
Documents mentioned in this notice and all public comments, are in
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List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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.
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2. Revise Sec. 117.243(b) to read as follows:
Sec. 117.243 Nanticoke River.
* * * * *
(b) The draw of the SR 13 Bridge, mile 39.6, in Seaford shall:
(1) Open on signal, except from 6 p.m. to 8 a.m., from April 1
through October 31; from November 1 through March 31, Monday to Friday
and on Saturday and Sunday from 3:30 p.m. to 7:30 a.m., if at least
four hours notice is given.
(2) Open on signal, on Saturday and Sunday, from 7:31 a.m. through
3:29 p.m., from November 1 through March 31, if at least 24 hours
notice is given.
Dated: June 21, 2017.
M.L. Austin,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2017-14068 Filed 7-3-17; 8:45 am]
BILLING CODE 9110-04-P
