Drawbridge Operation Regulation; Shrewsbury River, Sea Bright, New Jersey, 32777-32779 [2017-15054]
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Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Proposed Rules
www.regulations.gov. All personal
identifying information (e.g., name,
address) voluntarily submitted by the
commenter may be publicly accessible.
Do not submit confidential business
information or otherwise sensitive or
protected information.
III. Repeal of Regulations for the Public
Telecommunications Facilities Program
Congress authorized NTIA to establish
regulations ‘‘as may be necessary to
carry out’’ the PTFP.6 Due to the lack of
funding for seven years and no
prospective funding for the PTFP, the
regulations governing the PTFP are
unnecessary and obsolete. If these
regulations are not removed, it may
suggest that the program is still active
and may cause confusion regarding the
status of the program. Accordingly,
NTIA issues this NPRM to propose the
repeal of its regulations governing the
PTFP.
Executive Order 12866
The proposed repeal of the
regulations governing the PTFP is not a
significant regulatory action as defined
by Executive Order 12866.
pmangrum on DSK3GDR082PROD with PROPOSALS
Executive Order 13132
The proposed repeal of the
regulations governing the PTFP does not
contain policies with federalism
implications sufficient to warrant
preparation of a federalism assessment
under Executive Order 13132.
Regulatory Flexibility Act
The proposed repeal of regulations
governing the PTFP will not have a
significant economic impact on a
substantial number of small entities.
NTIA estimates that the proposed repeal
of the regulations governing PTFP will
impact no small entities. The proposed
repeal of the regulations governing
PTFP does not include reporting,
recordkeeping, or other compliance
requirements; therefore, no small
entities will be subject to such
requirements. Thus, the Chief Counsel
for Regulation of the Department of
Commerce is providing a certification to
the Chief Counsel for Advocacy of the
Small Business Administration in
accordance with section 605(b) of the
Regulatory Flexibility Act (5 U.S.C.
605(b)).
Paperwork Reduction Act
The proposed repeal of the
regulations governing the PTFP contains
no collections of information. Therefore,
clearance by the Office of Management
and Budget (OMB) under the Paperwork
6 47
U.S.C. 392(e).
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15:01 Jul 17, 2017
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Reduction Act of 1995 is not required.
In 2013, OMB approved NTIA’s requests
to discontinue the following collections
associated with the regulations
governing the PTFP: OMB Control
Numbers 0660–0003, 0660–0001, and
0605–0001; consequently, NTIA has no
active collections associated with its
regulations governing the PTFP.
You may submit comments
identified by docket number USCG–
2017–0460 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.
Lists of Subjects in 15 CFR Part 2301
Administrative procedure, Grant
programs—communications, Reporting
and recordkeeping requirements,
Telecommunications.
FOR FURTHER INFORMATION CONTACT:
PART 2301—[REMOVED AND
RESERVED]
For the reasons stated above, and
under the authority of 47 U.S.C. 390–
393 and 397–399b, NTIA proposes to
remove and reserve Part 2301.
■
Dated: July 12, 2017.
Leonard Bechtel,
Director of Administration and Chief
Financial Officer, performing the nonexclusive duties of the Assistant Secretary
for Communications and Information,
National Telecommunications and
Information Administration.
[FR Doc. 2017–14978 Filed 7–17–17; 8:45 am]
BILLING CODE 3510–60–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2017–0460]
RIN 1625–AA09
Drawbridge Operation Regulation;
Shrewsbury River, Sea Bright, New
Jersey
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
modify the operating schedule that
governs the Monmouth County Highway
Bridge (alternatively referred to as the
‘‘Sea Bright Bridge’’ or the ‘‘S–32
Bridge’’) across the Shrewsbury River,
mile 4.0 at Sea Bright, New Jersey. The
bridge owner submitted a request to
reduce scheduled openings of the span
and include Fridays within the seasonal
weekend operating schedule for the
bridge. It is expected this change to the
regulations will better serve the needs of
the community while continuing to
meet the reasonable needs of navigation.
DATES: Comments and related material
must reach the Coast Guard on or before
September 18, 2017.
SUMMARY:
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ADDRESSES:
If
you have questions on this proposed
rule, call or email Mr. James Moore,
Project Officer, First Coast Guard
District, telephone 212–514–4334, email
James.M.Moore2@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
§ Section
U.S.C. United States Code
II. Background, Purpose and Legal
Basis
The Monmouth County Highway
Bridge, mile 4.0, across the Shrewsbury
River at Sea Bright, New Jersey, offers
mariners a vertical clearance of 15 feet
at Mean High Water and 17 feet at Mean
Low Water when the span is in the
closed position. Vertical clearance is
unlimited when the draw is open.
Horizontal clearance is 75 feet.
Waterway users include recreational
and a limited number of commercial
vessels including tug/barge
combinations.
The existing drawbridge regulation,
33 CFR 117.755, requires the draw of
the Monmouth County Highway Bridge
to open as follows:
The draw shall open on signal at all
times; except that, from May 15 through
September 30, on Saturday, Sunday and
holidays, between 9 a.m. and 7 p.m., the
draw need open only on the hour and
half hour.
This regulation has been in effect
since July 6, 2010. The owner of the
bridge, the Monmouth County Board of
Chosen Freeholders, requested a change
to the drawbridge operating regulations
given the increased volume of vehicular
traffic crossing the bridge associated
with the summer months. This
increased vehicular traffic coupled with
bridge openings for vessels on the hour
as well as the half-hour has resulted in
lengthy traffic jams on either side of the
bridge during peak travel hours. Traffic
congestion will be relieved through
reduction of required bridge openings
for vessels.
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Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Proposed Rules
Monmouth County also requested that
from May 15 to September 30 the
modified operating regulations
presently encompassing Saturdays,
Sundays and holidays be expanded to
include Fridays as well. Given the
volume of vehicular traffic crossing the
bridge at the beginning of the weekend,
starting the modified weekend operating
schedule on Friday will allow for more
efficient and economical operation of
the bridge.
III. Discussion of Proposed Rule
Members of the public attending a
meeting held in Rumson, New Jersey on
April 5, 2016 indicated a desire to
modify the operating regulations based
on repeated experience with traffic jams
on either side of the bridge associated
with seasonal waterway traffic patterns.
Analysis furnished by Monmouth
County confirms that the seasonal
nature of bridge openings negatively
impacts the efficient flow of vehicular
traffic. Moreover, the study indicates
that reducing the number of scheduled
openings for vessels will not
significantly affect the movement of
waterway traffic. It was also noted that
vehicular traffic builds significantly on
each successive Friday leading into the
weekend over the course of the summer.
Based on the analysis provided, the
Coast Guard proposes to permanently
change the drawbridge operating
regulation 33 CFR 117.755.
The proposed rule would allow the
Monmouth County Highway Bridge to
open as follows: The draw shall open on
signal at all times; except that, from May
15 through September 30, on Friday,
Saturday, Sunday and holidays,
between 9 a.m. and 7 p.m., the draw
need only open on the hour.
pmangrum on DSK3GDR082PROD 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
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
VerDate Sep<11>2014
15:01 Jul 17, 2017
Jkt 241001
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
The Coast Guard believes this rule is
not a significant regulatory action. The
bridge will open on the hour from 9 a.m.
to 7 p.m. during Friday, Saturday,
Sunday and Holidays throughout the
summertime boating season, while still
opening on signal during evening hours
as well as through the autumn, winter
and spring months. The minimum 15
foot vertical clearance available while
the bridge is in the closed position is
sufficient to allow a significant number
of recreational vessels to safely and
expeditiously pass through the draw
without opening.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
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.
For the reasons stated in Sections III.
and IV. A. above, this proposed rule will
not pose a significant economic impact
on any vessel owner or operator.
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.
C. Collection of Information
This proposed rule would call for no
new collection of information under the
PO 00000
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Fmt 4702
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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
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Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Proposed Rules
categorically excluded from further
review, under figure 2–1, paragraph
(32)(e), of the Instruction.
A preliminary Record of
Environmental Consideration and a
Memorandum for the Record are not
required for this proposed 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.
pmangrum on DSK3GDR082PROD with PROPOSALS
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
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.
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15:01 Jul 17, 2017
Jkt 241001
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;
Department of Homeland Security Delegation
No. 0170.1.
2. Amend § 117.755 by revising
paragraph (a) to read as follows:
■
§ 117.755
Shrewsbury River
*
*
*
*
*
(a) The draw shall open on signal at
all times; except that, from May 15
through September 30, on Friday,
Saturday, Sunday and holidays,
between 9 a.m. and 7 p.m., the draw
need open only on the hour.
*
*
*
*
*
Dated: June 30, 2017.
S.D. Poulin,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2017–15054 Filed 7–17–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Chapter I
46 CFR Chapters I and III
49 CFR Chapter IV
[Docket No. USCG–2017–0663]
National Maritime Security Advisory
Committee—Input To Support
Regulatory Reform of Coast Guard
Regulations—New Task
U.S. Coast Guard, Department
of Homeland Security.
ACTION: Announcement of new task
assignment for the National Maritime
Security Advisory Committee (NMSAC);
teleconference meeting.
AGENCY:
The U.S. Coast Guard is
issuing a new task to the National
Maritime Security Advisory Committee
(NMSAC). The U.S. Coast Guard is
asking NMSAC to help the agency
identify existing regulations, guidance,
and collections of information (that fall
within the scope of the Committee’s
charter) for possible repeal,
replacement, or modification. This
SUMMARY:
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32779
tasking is in response to the issuance of
Executive Orders 13771, ‘‘Reducing
Regulation and Controlling Regulatory
Costs; 13777, ‘‘Enforcing the Regulatory
Reform Agenda;’’ and 13783,
‘‘Promoting Energy Independence and
Economic Growth.’’ The full Committee
is scheduled to meet by teleconference
on August 24, 2017, to discuss this
tasking. This teleconference will be
open to the public. The U.S. Coast
Guard will consider NMSAC
recommendations as part of the process
of identifying regulations, guidance, and
collections of information to be
repealed, replaced, or modified
pursuant to the three Executive Orders
discussed above.
DATES: The full Committee is scheduled
to meet by teleconference on August 24,
2017, from 11 a.m. to 12 p.m. EDT.
Please note that this teleconference may
adjourn early if the Committee has
completed its business.
ADDRESSES: To join the teleconference
or to request special accommodations,
contact the individual listed in the FOR
FURTHER INFORMATION CONTACT section
no later than 1 p.m. on August 17, 2017.
The number of teleconference lines is
limited and will be available on a firstcome, first-served basis.
Instructions: Submit comments on the
task statement at any time, including
orally at the teleconference, but if you
want Committee members to review
your comments before the
teleconference, please submit your
comments no later than August 17,
2017. You must include the words
‘‘Department of Homeland Security’’
and the docket number for this action.
Written comments may also be
submitted using the Federal eRulemaking Portal at https://
www.regulations.gov. If you encounter
technical difficulties with comment
submission, contact the individual
listed in the FOR FURTHER INFORMATION
CONTACT section of this notice.
Comments received will be posted
without alteration at https://
www.regulations.gov, including any
personal information provided. You
may review Regulations.gov’s Privacy
and Security Notice at https://
www.regulations.gov/privacyNotice.
Docket Search: For access to the
docket or to read documents or
comments related to this notice, go to
https://www.regulations.gov, insert
‘‘USCG–2017–0663’’ in the Search box,
press Enter, and then click on the item
you wish to view.
FOR FURTHER INFORMATION CONTACT: Mr.
Ryan Owens, Alternate Designated
Federal Officer of the National Maritime
Security Advisory Committee,
E:\FR\FM\18JYP1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 136 (Tuesday, July 18, 2017)]
[Proposed Rules]
[Pages 32777-32779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15054]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2017-0460]
RIN 1625-AA09
Drawbridge Operation Regulation; Shrewsbury River, Sea Bright,
New Jersey
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to modify the operating schedule that
governs the Monmouth County Highway Bridge (alternatively referred to
as the ``Sea Bright Bridge'' or the ``S-32 Bridge'') across the
Shrewsbury River, mile 4.0 at Sea Bright, New Jersey. The bridge owner
submitted a request to reduce scheduled openings of the span and
include Fridays within the seasonal weekend operating schedule for the
bridge. It is expected this change to the regulations will better serve
the needs of the community while continuing to meet the reasonable
needs of navigation.
DATES: Comments and related material must reach the Coast Guard on or
before September 18, 2017.
ADDRESSES: You may submit comments identified by docket number USCG-
2017-0460 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. James Moore, Project Officer, First Coast Guard
District, telephone 212-514-4334, email James.M.Moore2@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background, Purpose and Legal Basis
The Monmouth County Highway Bridge, mile 4.0, across the Shrewsbury
River at Sea Bright, New Jersey, offers mariners a vertical clearance
of 15 feet at Mean High Water and 17 feet at Mean Low Water when the
span is in the closed position. Vertical clearance is unlimited when
the draw is open. Horizontal clearance is 75 feet. Waterway users
include recreational and a limited number of commercial vessels
including tug/barge combinations.
The existing drawbridge regulation, 33 CFR 117.755, requires the
draw of the Monmouth County Highway Bridge to open as follows:
The draw shall open on signal at all times; except that, from May
15 through September 30, on Saturday, Sunday and holidays, between 9
a.m. and 7 p.m., the draw need open only on the hour and half hour.
This regulation has been in effect since July 6, 2010. The owner of
the bridge, the Monmouth County Board of Chosen Freeholders, requested
a change to the drawbridge operating regulations given the increased
volume of vehicular traffic crossing the bridge associated with the
summer months. This increased vehicular traffic coupled with bridge
openings for vessels on the hour as well as the half-hour has resulted
in lengthy traffic jams on either side of the bridge during peak travel
hours. Traffic congestion will be relieved through reduction of
required bridge openings for vessels.
[[Page 32778]]
Monmouth County also requested that from May 15 to September 30 the
modified operating regulations presently encompassing Saturdays,
Sundays and holidays be expanded to include Fridays as well. Given the
volume of vehicular traffic crossing the bridge at the beginning of the
weekend, starting the modified weekend operating schedule on Friday
will allow for more efficient and economical operation of the bridge.
III. Discussion of Proposed Rule
Members of the public attending a meeting held in Rumson, New
Jersey on April 5, 2016 indicated a desire to modify the operating
regulations based on repeated experience with traffic jams on either
side of the bridge associated with seasonal waterway traffic patterns.
Analysis furnished by Monmouth County confirms that the seasonal nature
of bridge openings negatively impacts the efficient flow of vehicular
traffic. Moreover, the study indicates that reducing the number of
scheduled openings for vessels will not significantly affect the
movement of waterway traffic. It was also noted that vehicular traffic
builds significantly on each successive Friday leading into the weekend
over the course of the summer. Based on the analysis provided, the
Coast Guard proposes to permanently change the drawbridge operating
regulation 33 CFR 117.755.
The proposed rule would allow the Monmouth County Highway Bridge to
open as follows: The draw shall open on signal at all times; except
that, from May 15 through September 30, on Friday, Saturday, Sunday and
holidays, between 9 a.m. and 7 p.m., the draw need only open on the
hour.
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.
The Coast Guard believes this rule is not a significant regulatory
action. The bridge will open on the hour from 9 a.m. to 7 p.m. during
Friday, Saturday, Sunday and Holidays throughout the summertime boating
season, while still opening on signal during evening hours as well as
through the autumn, winter and spring months. The minimum 15 foot
vertical clearance available while the bridge is in the closed position
is sufficient to allow a significant number of recreational vessels to
safely and expeditiously pass through the draw without opening.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions 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.
For the reasons stated in Sections III. and IV. A. above, this
proposed rule will not pose a significant economic impact on any vessel
owner or operator.
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.
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
[[Page 32779]]
categorically excluded from further review, under figure 2-1, paragraph
(32)(e), of the Instruction.
A preliminary Record of Environmental Consideration and a
Memorandum for the Record are not required for this proposed 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
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
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. Amend Sec. 117.755 by revising paragraph (a) to read as follows:
Sec. 117.755 Shrewsbury River
* * * * *
(a) The draw shall open on signal at all times; except that, from
May 15 through September 30, on Friday, Saturday, Sunday and holidays,
between 9 a.m. and 7 p.m., the draw need open only on the hour.
* * * * *
Dated: June 30, 2017.
S.D. Poulin,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2017-15054 Filed 7-17-17; 8:45 am]
BILLING CODE 9110-04-P
