Drawbridge Operation Regulation; Isthmus Slough, Coos Bay, OR, 2060-2062 [2018-00611]
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2060
Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations
Commission has determined that
consultations with Indian gaming tribes
is not practicable, as Congress has
mandated that annual civil penalty
adjustments in the Act be implemented
no later than January 15th of each year.
Paperwork Reduction Act
PART 575—CIVIL FINES
1. The authority citation for part 575
continues to read as follows:
■
Authority: 25 U.S.C. 2705(a), 2706, 2713,
2715; and Sec. 701, Pub. L. 114–74, 129 Stat.
599.
§ 575.4
This final rule does not affect any
information collections under the
Paperwork Reduction Act.
[Amended]
2. Amend the introductory text of
§ 575.4 by removing ‘‘$50,276’’ and
adding in its place ‘‘$51,302’’.
■
National Environmental Policy Act
Dated: January 9, 2018.
Jonodev O. Chaudhuri,
Chairman,
This final rule does not constitute a
major federal action significantly
affecting the quality of the human
environment.
Kathryn Isom-Clause,
Vice Chair,
Information Quality Act
In developing this final rule, the
Commission did not conduct or use a
study, experiment, or survey requiring
peer review under the Information
Quality Act (Pub. L. 106–554).
This final rule is not a significant
energy action under the definition in
Executive Order 13211. A Statement of
Energy Effects is not required.
E. Sequoyah Simermeyer,
Associate Commissioner.
[FR Doc. 2018–00505 Filed 1–12–18; 8:45 am]
BILLING CODE 7565–01–P
Coast Guard
33 CFR Part 117
Clarity of This Regulation
[Docket No. USCG–2017–0868]
The Commission is required by
Executive Orders 12866 and 12988 and
by the Presidential Memorandum of
June 1, 1998, to write all rules in plain
language. This means that each rule that
the Commission publishes must:
(a) Be logically organized;
(b) use the active voice to address
readers directly;
(c) use clear language rather than
jargon;
(d) be divided into short sections and
sentences; and
(e) use lists and tables wherever
possible.
RIN 1625–AA09
Required Determinations Under the
Administrative Procedure Act
In accordance with the Act, agencies
are to annually adjust civil monetary
penalties without providing an
opportunity for notice and comment,
and without a delay in its effective date.
Therefore, the Commission is not
required to complete a notice and
comment process prior to promulgation.
daltland on DSKBBV9HB2PROD with RULES
List of Subjects in 25 CFR Part 575
Administrative practice and
procedure, Gaming, Indian lands,
Penalties.
For the reasons set forth in the
preamble, the Commission amends 25
CFR part 575 as follows:
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Drawbridge Operation Regulation;
Isthmus Slough, Coos Bay, OR
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
temporarily modifying the operating
schedule that governs the Oregon State
secondary highway bridge (Isthmus
Slough Bridge), across Isthmus Slough,
mile 1.0, at Coos Bay, OR. To
accommodate Oregon Department of
Transportation’s (ODOT) preservation,
painting and replacement of the bridge
equipment, ODOT will operate half the
double bascule span (single leaf).
Additionally, during the period of this
work, the non-functioning leaf of the
span’s vertical clearance will be
reduced.
SUMMARY:
This temporary final rule is
effective from 6 a.m. on February 26,
2018 to 6 p.m. on July 31, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov. Type USCG–
2017–0868 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
DATES:
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I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
ODOT Oregon Department of
Transportation
§ Section
U.S.C. United States Code
II. Background, Purpose and Legal
Basis
DEPARTMENT OF HOMELAND
SECURITY
Effects on the Energy Supply
email Steven M. Fischer, Bridge
Administrator, Thirteenth Coast Guard
District Bridge Program Office,
telephone 206–220–7282; email d13-pfd13bridges@uscg.mil.
SUPPLEMENTARY INFORMATION:
On October 24, 2017, we published a
notice of proposed rulemaking (NPRM)
entitled Drawbridge Operation
Regulation; Isthmus Slough, Coos Bay,
OR, in the Federal Register (82 FR
49153). We received no comments on
this rule. ODOT owns and operates the
double bascule Isthmus Slough Bridge,
across Isthmus Slough, mile 1.0, at Coos
Bay, OR. The operating regulation has
been temporarily modified to
accommodate ODOT’s painting,
preservation, and upgrading of the
bridge electrical systems. Isthmus
Slough provides no alternate routes to
pass around the Isthmus Slough Bridge.
To facilitate this event, ODOT will
operate the double bascule bridge in
single leaf mode (half of the span), and
reduce the vertical clearance of the nonfunctioning leaf. Up to ten feet of
containment will be installed under the
non-functioning leaf only, and will
reduce the vertical clearance to 18 feet.
Vessels that do not require an opening
may transit under the bridge at any
time. We approved a temporary
deviation on August 4, 2017 (82 FR
36332), with the same change in bridge
operations as this rule change. We have
not received any reports of problems or
complaints with the subject bridge
operating under the temporary
deviation.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority 33 U.S.C. 499. Isthmus
Slough Bridge, across Isthmus Slough,
mile 1.0, at Coos Bay, OR, is a double
bascule drawbridge, and provides a
vertical clearance of 28 feet in the
closed-to-navigation position referenced
to the vertical clearance above mean
high water tide level. ODOT cannot
complete scheduled maintenance and
equipment upgrades unless the
operating schedule for the subject bridge
is changed.
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Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations
We approved a temporary deviation
for this event, but later learned 180 days
will not be enough time to complete the
work. This temporary rule change to 33
CFR 117.879 will allow ODOT time to
complete their scheduled maintenance
and equipment upgrades. This
temporary rule suspends the current
paragraph regarding the Isthmus Slough
Bridge, and adds a temporary new
paragraph which amends the operating
schedule of the Isthmus Slough Bridge
by authorizing one half of the draw to
open on signal, and reduces the
horizontal clearance and vertical
clearance of the bridge. The temporary
rule is necessary to accommodate
painting, preservation, and upgrading of
its electrical systems. One half of the
double bascule bridge will have a
containment system installed on the
non-functioning half of the span, and
therefore reduces the vertical clearance
by ten feet to 18 feet. The horizontal
clearance with a full opening is 140 feet.
In single leaf operation, the horizontal
clearance is reduced to approximately
70 feet.
IV. Discussion of Comments, Changes
and the Temporary Final Rule
We published a NPRM in October
2017 with a 30 day comment period,
and did not receive any comments. We
approved this temporary rule change to
33 CFR 117.879 to be in effect from 6
a.m. on February 26, 2018, through 6
p.m. on July 31, 2019. This temporary
rule authorizes ODOT to operate the
Isthmus Slough Bridge one half of the
draw on signal if at least 24 hours notice
is given to the bridge operator, and
reduce the horizontal clearance and
vertical clearance of the bridge.
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V. Regulatory Analyses
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
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Jkt 244001
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771. This regulatory action
determination is based on the ability for
mariners to transit under the bridge
because the Isthmus Slough Bridge can
open half the draw allowing for the
reasonable needs of navigation.
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 no 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 VI.A above,
this rule would not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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
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2061
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 no (0) comments in the NPRM
for this section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble. We received
no (0) comments in the NPRM for this
section.
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 Record of Environmental
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Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations
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
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.
§ 117.879
[Suspended]
2. Suspend § 117.879 effective 6 a.m.
on February 26, 2018, through 6 p.m. on
July 31, 2019.
■ 3. Add temporary § 117.T879,
effective 6 a.m. on February 26, 2018,
through 6 p.m. on July 31, 2019, to read
as follows:
■
§ 117.T879
Isthmus Slough.
The draw of the Oregon State
secondary highway bridge, mile 1.0, at
Coos Bay, shall operate in single leaf,
and open half the draw on signal if at
least 24 hours notice is given. The
vertical clearance of the non-functioning
leaf will be reduced up to ten feet.
David G. Throop,
Rear Admiral, U.S. Coast Guard, Commander,
Thirteenth Coast Guard District.
[FR Doc. 2018–00611 Filed 1–12–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF EDUCATION
34 CFR Parts 36 and 668
[Docket ID ED–2018–OGC–0004]
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RIN 1801–AA17
Adjustment of Civil Monetary Penalties
for Inflation
Department of Education.
Final regulations.
AGENCY:
ACTION:
The Department of Education
(Department) issues these final
regulations to adjust the Department’s
SUMMARY:
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16:55 Jan 12, 2018
Jkt 244001
civil monetary penalties (CMPs) for
inflation. An initial ‘‘catch-up’’
adjustment was required by the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (2015 Act),
which amended the Federal Civil
Penalties Inflation Adjustment Act of
1990 (Inflation Adjustment Act). These
final regulations provide the 2018
annual inflation adjustments being
made to the penalty amounts in the
Department’s final regulations
published in the Federal Register on
April 20, 2017 (2017 final rule).
DATES: These regulations are effective
January 15, 2018. The adjusted CMPs
established by these regulations are
applicable only to civil penalties
assessed after January 15, 2018, whose
associated violations occurred after
November 2, 2015.
FOR FURTHER INFORMATION CONTACT:
Levon Schlichter, U.S. Department of
Education, Office of the General
Counsel, 400 Maryland Avenue SW,
Room 6E235, Washington, DC 20202–
2241. Telephone: (202) 453–6387 or by
email: levon.schlichter@ed.gov.
If you use a telecommunications
device for the deaf or a text telephone,
call the Federal Relay Service, toll free,
at 1–800–877–8339.
Individuals with disabilities can
obtain this document in an accessible
format (e.g., braille, large print,
audiotape, or compact disc) on request
to the contact person listed in this
section.
SUPPLEMENTARY INFORMATION:
Background
A CMP is defined in the Inflation
Adjustment Act (28 U.S.C. 2461 note) as
any penalty, fine, or other sanction that
is (1) for a specific monetary amount as
provided by Federal law, or has a
maximum amount provided for by
Federal law; (2) assessed or enforced by
an agency pursuant to Federal law; and
(3) assessed or enforced pursuant to an
administrative proceeding or a civil
action in the Federal courts.
The Inflation Adjustment Act
provides for the regular evaluation of
CMPs to ensure that they continue to
maintain their deterrent value. The
Inflation Adjustment Act required that
each agency issue regulations to adjust
its CMPs beginning in 1996 and at least
every four years thereafter. The
Department published its most recent
cost adjustment to its CMPs in the
Federal Register on April 20, 2017 (82
FR 18559), and those adjustments
became effective on the date of
publication.
The 2015 Act (section 701 of Pub.
Law 114–74) amended the Inflation
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Frm 00034
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Adjustment Act to improve the
effectiveness of CMPs and to maintain
their deterrent effect.
The 2015 Act requires agencies to: (1)
Adjust the level of CMPs with an initial
‘‘catch-up’’ adjustment through an
interim final rule (IFR); and (2) make
subsequent annual adjustments for
inflation. Catch-up adjustments are
based on the percentage change between
the Consumer Price Index for all Urban
Consumers (CPI–U) for the month of
October in the year the penalty was last
adjusted by a statute other than the
Inflation Adjustment Act, and the
October 2015 CPI–U. Annual inflation
adjustments are based on the percentage
change between the October CPI–U
preceding the date of each statutory
adjustment, and the prior year’s October
CPI–U.1 The Department published an
IFR with the initial ‘‘catch-up’’ penalty
adjustment amounts on August 1, 2016
(81 FR 50321).
In these final regulations, based on
the CPI–U for the month of October
2017, not seasonally adjusted, we are
annually adjusting each CMP amount by
a multiplier for 2018 of 1.02041, as
directed by the Office of Management
and Budget (OMB) Memorandum No.
M–18–03 issued on December 15, 2017.
The Department’s Civil Monetary
Penalties
The following analysis calculates new
CMPs for penalty statutes in the order
in which they appear in 34 CFR 36.2.
The penalty amounts are being adjusted
up based on the multiplier of 1.02041
provided in OMB Memorandum No. M–
18–03.
Statute: 20 U.S.C. 1015(c)(5).
Current Regulations: The CMP for 20
U.S.C. 1015(c)(5) (Section 131(c)(5) of
the Higher Education Act of 1965, as
amended (HEA)), as last set out in
statute in 1998 (Pub. Law 105–244, title
I, § 101(a), October 7, 1998, 112 Stat.
1602), is a fine of up to $25,000 for
failure by an institution of higher
education (IHE) to provide information
on the cost of higher education to the
Commissioner of Education Statistics. In
the 2017 final rule, we increased this
amount to $36,849.
New Regulations: The new penalty for
this section is $37,601.
Reason: Using the multiplier of
1.02041 from OMB Memorandum No.
M–18–03, the new penalty is calculated
as follows: $36,849 × 1.02041 =
$37,601.09, which makes the adjusted
penalty $37,601, when rounded to the
nearest dollar.
1 If a statute that created a penalty is amended to
change the penalty amount, the Department does
not adjust the penalty in the year following the
adjustment.
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]]>Agencies
[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Rules and Regulations]
[Pages 2060-2062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00611]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2017-0868]
RIN 1625-AA09
Drawbridge Operation Regulation; Isthmus Slough, Coos Bay, OR
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is temporarily modifying the operating
schedule that governs the Oregon State secondary highway bridge
(Isthmus Slough Bridge), across Isthmus Slough, mile 1.0, at Coos Bay,
OR. To accommodate Oregon Department of Transportation's (ODOT)
preservation, painting and replacement of the bridge equipment, ODOT
will operate half the double bascule span (single leaf). Additionally,
during the period of this work, the non-functioning leaf of the span's
vertical clearance will be reduced.
DATES: This temporary final rule is effective from 6 a.m. on February
26, 2018 to 6 p.m. on July 31, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov. Type USCG-
2017-0868 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 Steven M. Fischer, Bridge Administrator, Thirteenth Coast
Guard District Bridge Program Office, telephone 206-220-7282; email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
ODOT Oregon Department of Transportation
Sec. Section
U.S.C. United States Code
II. Background, Purpose and Legal Basis
On October 24, 2017, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulation; Isthmus Slough, Coos
Bay, OR, in the Federal Register (82 FR 49153). We received no comments
on this rule. ODOT owns and operates the double bascule Isthmus Slough
Bridge, across Isthmus Slough, mile 1.0, at Coos Bay, OR. The operating
regulation has been temporarily modified to accommodate ODOT's
painting, preservation, and upgrading of the bridge electrical systems.
Isthmus Slough provides no alternate routes to pass around the Isthmus
Slough Bridge. To facilitate this event, ODOT will operate the double
bascule bridge in single leaf mode (half of the span), and reduce the
vertical clearance of the non-functioning leaf. Up to ten feet of
containment will be installed under the non-functioning leaf only, and
will reduce the vertical clearance to 18 feet. Vessels that do not
require an opening may transit under the bridge at any time. We
approved a temporary deviation on August 4, 2017 (82 FR 36332), with
the same change in bridge operations as this rule change. We have not
received any reports of problems or complaints with the subject bridge
operating under the temporary deviation.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
Isthmus Slough Bridge, across Isthmus Slough, mile 1.0, at Coos Bay,
OR, is a double bascule drawbridge, and provides a vertical clearance
of 28 feet in the closed-to-navigation position referenced to the
vertical clearance above mean high water tide level. ODOT cannot
complete scheduled maintenance and equipment upgrades unless the
operating schedule for the subject bridge is changed.
[[Page 2061]]
We approved a temporary deviation for this event, but later learned
180 days will not be enough time to complete the work. This temporary
rule change to 33 CFR 117.879 will allow ODOT time to complete their
scheduled maintenance and equipment upgrades. This temporary rule
suspends the current paragraph regarding the Isthmus Slough Bridge, and
adds a temporary new paragraph which amends the operating schedule of
the Isthmus Slough Bridge by authorizing one half of the draw to open
on signal, and reduces the horizontal clearance and vertical clearance
of the bridge. The temporary rule is necessary to accommodate painting,
preservation, and upgrading of its electrical systems. One half of the
double bascule bridge will have a containment system installed on the
non-functioning half of the span, and therefore reduces the vertical
clearance by ten feet to 18 feet. The horizontal clearance with a full
opening is 140 feet. In single leaf operation, the horizontal clearance
is reduced to approximately 70 feet.
IV. Discussion of Comments, Changes and the Temporary Final Rule
We published a NPRM in October 2017 with a 30 day comment period,
and did not receive any comments. We approved this temporary rule
change to 33 CFR 117.879 to be in effect from 6 a.m. on February 26,
2018, through 6 p.m. on July 31, 2019. This temporary rule authorizes
ODOT to operate the Isthmus Slough Bridge one half of the draw on
signal if at least 24 hours notice is given to the bridge operator, and
reduce the horizontal clearance and vertical clearance of the bridge.
V. Regulatory Analyses
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 regulatory action
determination is based on the ability for mariners to transit under the
bridge because the Isthmus Slough Bridge can open half the draw
allowing for the reasonable needs of navigation.
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 no 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 VI.A above, this rule would not have a
significant economic impact on any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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 no (0) comments in the NPRM for this section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble. We received no (0) comments in the NPRM for this
section.
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 Record of Environmental
[[Page 2062]]
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; and Department of
Homeland Security Delegation No. 0170.1.
Sec. 117.879 [Suspended]
0
2. Suspend Sec. 117.879 effective 6 a.m. on February 26, 2018, through
6 p.m. on July 31, 2019.
0
3. Add temporary Sec. 117.T879, effective 6 a.m. on February 26, 2018,
through 6 p.m. on July 31, 2019, to read as follows:
Sec. 117.T879 Isthmus Slough.
The draw of the Oregon State secondary highway bridge, mile 1.0, at
Coos Bay, shall operate in single leaf, and open half the draw on
signal if at least 24 hours notice is given. The vertical clearance of
the non-functioning leaf will be reduced up to ten feet.
David G. Throop,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2018-00611 Filed 1-12-18; 8:45 am]
BILLING CODE 9110-04-P
