Drawbridge Operation Regulation; Nanticoke River, Seaford, DE, 31036-31038 [2017-14068]

Download as PDF 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. Jkt 241001 BILLING CODE 6355–01–P PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 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 http://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 E:\FR\FM\05JYP1.SGM 05JYP1 31037 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. PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 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. E:\FR\FM\05JYP1.SGM 05JYP1 31038 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 http:// www.regulations.gov. If your material cannot be submitted using http:// 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 http:// 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 http:// 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 E:\FR\FM\05JYP1.SGM 05JYP1

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]


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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

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 http://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 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://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 
without change to http://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 http://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

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.  117.243(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