Drawbridge Operation Regulation; Nanticoke River, Seaford, DE, 50082-50084 [2017-23559]
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50082
Federal Register / Vol. 82, No. 208 / Monday, October 30, 2017 / Rules and Regulations
TABLE 1—NON-EEG PHYSIOLOGICAL SIGNAL BASED SEIZURE MONITORING SYSTEM RISKS AND MITIGATION MEASURES—
Continued
Identified risks
Mitigation measures
Incorrect alerts, including:
• Missing a seizure—device fails to identify physiological signal
that is associated with a seizure; or.
• False alarm—device mistakenly identifies a physiological signal
as being associated with a seizure.
FDA has determined that special
controls, in combination with the
general controls, address these risks to
health and provide reasonable assurance
of the safety and effectiveness. In order
for a device to fall within this
classification, and thus avoid automatic
classification in class III, it would have
to comply with the special controls
named in this final order. The necessary
special controls appear in the regulation
codified by this order. This device is
subject to premarket notification
requirements under section 510(k) of the
FD&C Act.
At the time of classification, non-EEG
physiological signal based seizure
monitoring systems are for prescription
use only. Prescription devices are
exempt from the requirement for
adequate directions for use for the
layperson under section 502(f)(1) of the
FD&C Act (21 U.S.C. 352(f)(1)) and 21
CFR 801.5, as long as the conditions of
21 CFR 801.109 are met.
III. Analysis of Environmental Impact
The Agency has determined under 21
CFR 25.34(b) that this action is of a type
that does not individually or
cumulatively have a significant effect on
the human environment. Therefore,
neither an environmental assessment
nor an environmental impact statement
is required.
nlaroche on DSK9F9SC42PROD with RULES
IV. Paperwork Reduction Act of 1995
This final order establishes special
controls that refer to previously
approved collections of information
found in other FDA regulations. These
collections of information are subject to
review by the Office of Management and
Budget (OMB) under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520). The collections of information in
part 807, subpart E, regarding premarket
notification submissions have been
approved under OMB control number
0910–0120, and the collections of
information in 21 CFR part 801,
regarding labeling have been approved
under OMB control number 0910–0485.
List of Subjects in 21 CFR Part 882
Medical devices.
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Jkt 244001
Clinical performance testing;
Non-clinical performance testing;
Software verification, validation, and hazard analysis;
Labeling; and
Training.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs, 21 CFR part 882 is
amended as follows:
PART 882—NEUROLOGICAL DEVICES
1. The authority citation for part 882
continues to read as follows:
■
Authority: 21 U.S.C. 351, 360, 360c, 360e,
360j, 360l, 371.
2. Add § 882.1580 to subpart B to read
as follows:
■
§ 882.1580 Non-electroencephalogram
(EEG) physiological signal based seizure
monitoring system.
(a) Identification. A nonelectroencephalogram (non-EEG)
physiological signal based seizure
monitoring system is a noninvasive
prescription device that collects
physiological signals other than EEG to
identify physiological signals that may
be associated with a seizure.
(b) Classification. Class II (special
controls). The special controls for this
device are:
(1) The technical parameters of the
device, hardware and software, must be
fully characterized and include the
following information:
(i) Hardware specifications must be
provided. Appropriate verification,
validation, and hazard analysis must be
performed.
(ii) Software, including any
proprietary algorithm(s) used by the
device to achieve its intended use, must
be described in detail in the Software
Requirements Specification (SRS) and
Software Design Specification (SDS).
Appropriate software verification,
validation, and hazard analysis must be
performed.
(2) The patient-contacting
components of the device must be
demonstrated to be biocompatible.
(3) The device must be designed and
tested for electrical, thermal, and
mechanical safety and electromagnetic
compatibility (EMC).
(4) Clinical performance testing must
demonstrate the ability of the device to
function as an assessment aid for
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Fmt 4700
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monitoring for seizure-related activity in
the intended population and for the
intended use setting. Performance
measurements must include positive
percent agreement and false alarm rate.
(5) Training must be provided for
intended users that includes
information regarding the proper use of
the device and factors that may affect
the collection of the physiologic data.
(6) The labeling must include health
care professional labeling and patientcaregiver labeling. The health care
professional and the patient-caregiver
labeling must include the following
information:
(i) A detailed summary of the clinical
performance testing, including any
adverse events and complications.
(ii) Any instructions technicians and
clinicians should convey to patients and
caregivers regarding the proper use of
the device and factors that may affect
the collection of the physiologic data.
(iii) Instructions to technicians and
clinicians regarding how to set the
device threshold to achieve the
intended performance of the device.
Dated: October 24, 2017.
Lauren Silvis,
Chief of Staff.
[FR Doc. 2017–23516 Filed 10–27–17; 8:45 am]
BILLING CODE 4164–01–P
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.
Final rule.
AGENCY:
ACTION:
The Coast Guard is modifying
the operating schedule that governs the
SR 13 Bridge across the Nanticoke
River, mile 39.6, in Seaford, Delaware
(DE). This modification will require the
SUMMARY:
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Federal Register / Vol. 82, No. 208 / Monday, October 30, 2017 / Rules and Regulations
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.
This rule is effective November
29, 2017.
DATES:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov. Type USCG–
2017–0162 in the ‘‘SEARCH’’ box and
click ‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking.
ADDRESSES:
If
you have questions on this 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 section
below for instructions on submitting
comments.
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 Information and
Regulatory History
On July 5, 2017, we published a
notice of proposed rulemaking entitled,
‘‘Drawbridge Regulation; Nanticoke
River, Seaford, DE’’ in the Federal
Register (see 82 FR 127). We did not
receive any comments on the proposed
rule.
FOR FURTHER INFORMATION CONTACT:
III. Legal Authority and Need for Rule
SUPPLEMENTARY INFORMATION:
The Coast Guard is issuing this rule
under authority 33 U.S.C. 499. 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 3 feet above mean high water in the
closed-to-navigation position. There is a
January ..........................................................................................................................
February .........................................................................................................................
March .............................................................................................................................
April ................................................................................................................................
May ................................................................................................................................
June ...............................................................................................................................
July .................................................................................................................................
August ............................................................................................................................
September .....................................................................................................................
October ..........................................................................................................................
November ......................................................................................................................
December ......................................................................................................................
Monthly ..........................................................................................................................
Daily ...............................................................................................................................
nlaroche on DSK9F9SC42PROD with RULES
IV. Discussion of Comments, Changes
and the Final Rule
The Delaware Department of
Transportation has 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 a period of approximately the past
three years. The data presented in the
table above demonstrate that the
requested modification may be
implemented with minimal 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.
VerDate Sep<11>2014
13:41 Oct 27, 2017
Jkt 244001
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 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 used
predominately by recreational vessels
and pleasure craft. 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, as drawn
from the data contained in the bridge
tender logs provided by the Delaware
Department of Transportation, is
presented below.
Average
openings
Month
The Coast Guard provided a comment
period of 60 days and received zero
comments on the proposed rule.
V. Regulatory Analysis
We developed this rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive Orders, and we discuss First
Amendment rights of protesters.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
50083
Maximum
openings
11
1
21
72
138
150
280
198
144
51
8
1
89
3
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
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, it has not
been reviewed by the Office of
Management and Budget (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.
E:\FR\FM\30OCR1.SGM
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50084
Federal Register / Vol. 82, No. 208 / Monday, October 30, 2017 / Rules and Regulations
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 received zero
comments from the Small Business
Administration on this rule. The Coast
Guard certifies under 5 U.S.C. 605(b)
that this rule will not have a significant
economic impact on a substantial
number of small entities. While some
owners or operators of vessels intending
to transit the bridge may be small
entities, for the reasons stated in section
V.A above, this rule will not have a
significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
nlaroche on DSK9F9SC42PROD with RULES
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
D. Federalism and Indian Tribal
Government
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
VerDate Sep<11>2014
13:41 Oct 27, 2017
Jkt 244001
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. We
received zero comments on this rule.
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. We received zero comments
on this rule.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a determination that this
action is one of a category of actions
which do not individually or
cumulatively have a significant effect on
the human environment. This rule
simply promulgates the operating
regulations or procedures for
drawbridges. This action is categorically
excluded from further review, under
figure 2–1, paragraph (32)(e), of the
Instruction. A preliminary Record of
Environmental Consideration and a
Memorandum for the Record are not
required for this rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
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Frm 00026
Fmt 4700
Sfmt 4700
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. Revise § 117.243(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: October 10, 2017.
M.L. Austin,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. 2017–23559 Filed 10–27–17; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2017–0155; FRL–9968–12]
Hexythiazox; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation amends an
existing tolerance for residues of the
ovicide/miticide hexythiazox in/on hop,
dried cones, by increasing the current
tolerance from 2.0 parts per million
(ppm) to 20 ppm. Gowan Company
requested modification of this tolerance
under the Federal Food, Drug, and
Cosmetic Act (FFDCA).
DATES: This regulation is effective
October 30, 2017. Objections and
requests for hearings must be received
SUMMARY:
E:\FR\FM\30OCR1.SGM
30OCR1
]]>Agencies
[Federal Register Volume 82, Number 208 (Monday, October 30, 2017)]
[Rules and Regulations]
[Pages 50082-50084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23559]
=======================================================================
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is modifying the operating schedule that
governs the SR 13 Bridge across the Nanticoke River, mile 39.6, in
Seaford, Delaware (DE). This modification will require the
[[Page 50083]]
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: This rule is effective November 29, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov. Type USCG-
2017-0162 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Martin A. Bridges, Fifth Coast Guard District (dpb),
at (757) 398-6422, email [email protected].
SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
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 Information and Regulatory History
On July 5, 2017, we published a notice of proposed rulemaking
entitled, ``Drawbridge Regulation; Nanticoke River, Seaford, DE'' in
the Federal Register (see 82 FR 127). We did not receive any comments
on the proposed rule.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
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 3 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 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 used predominately by recreational vessels
and pleasure craft. 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, as
drawn from the data contained in the bridge tender logs provided by the
Delaware Department of Transportation, is presented below.
----------------------------------------------------------------------------------------------------------------
Proposed weekends--
Month Average Maximum average openings 7:30
openings openings 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
----------------------------------------------------------------------------------------------------------------
IV. Discussion of Comments, Changes and the Final Rule
The Delaware Department of Transportation has 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 a period of
approximately the past three years. The data presented in the table
above demonstrate that the requested modification may be implemented
with minimal 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.
The Coast Guard provided a comment period of 60 days and received
zero comments on the proposed rule.
V. Regulatory Analysis
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders, and we
discuss First Amendment rights of protesters.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, it has not been reviewed by the Office of
Management and Budget (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.
[[Page 50084]]
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 received zero comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities. While some owners or operators of
vessels intending to transit the bridge may be small entities, for the
reasons stated in section V.A above, this rule will not have a
significant economic impact on any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Government
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. We
received zero comments on this rule.
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. We received zero comments on
this rule.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a
determination that this action is one of a category of actions which do
not individually or cumulatively have a significant effect on the human
environment. This rule simply promulgates the operating regulations or
procedures for drawbridges. This action is categorically excluded from
further review, under figure 2-1, paragraph (32)(e), of the
Instruction. A preliminary Record of Environmental Consideration and a
Memorandum for the Record are not required for this rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
0
2. Revise Sec. 117.243(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: October 10, 2017.
M.L. Austin,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2017-23559 Filed 10-27-17; 8:45 am]
BILLING CODE 9110-04-P
