Drawbridge Operation Regulation; Chambers Bay, Steilacoom, WA, 10648-10650 [2018-04912]
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Federal Register / Vol. 83, No. 48 / Monday, March 12, 2018 / Proposed Rules
III. Public Comment Procedures
Under the provisions of 30 CFR
732.17(h), we are seeking your
comments on whether the amendment
satisfies the applicable program
approval criteria of 30 CFR 732.15. If we
approve the amendment, it will become
part of the State program.
Electronic or Written Comments
If you submit written or electronic
comments on the proposed rule during
the 30-day comment period, they should
be specific, confined to issues pertinent
to the proposed regulations, and explain
the reason for any recommended
change(s). We appreciate any and all
comments, but those most useful and
likely to influence decisions on the final
regulations will be those that either
involve personal experience or include
citations to and analyses of SMCRA, its
legislative history, its implementing
regulations, case law, other pertinent
State or Federal laws or regulations,
technical literature, or other relevant
publications.
We cannot ensure that comments
received after the close of the comment
period (see DATES) or sent to an address
other than those listed (see ADDRESSES)
will be included in the docket for this
rulemaking and considered.
daltland on DSKBBV9HB2PROD with PROPOSALS
Public Availability of Comments
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment including your
personal identifying information, may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Public Hearing
If you wish to speak at the public
hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT by
4:00 p.m., e.s.t. on March 27, 2018. If
you are disabled and need reasonable
accommodations to attend a public
hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT. We
will arrange the location and time of the
hearing with those persons requesting
the hearing. If no one requests an
opportunity to speak, we will not hold
a hearing.
To assist the transcriber and ensure an
accurate record, we request, if possible,
that each person who speaks at the
public hearing provide us with a written
copy of his or her comments. The public
hearing will continue on the specified
date until everyone scheduled to speak
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has been given an opportunity to be
heard. If you are in the audience and
have not been scheduled to speak and
wish to do so, you will be allowed to
speak after those who have been
scheduled. We will end the hearing after
everyone scheduled to speak, and others
present in the audience who wish to
speak, have been heard.
DEPARTMENT OF HOMELAND
SECURITY
Public Meeting
Drawbridge Operation Regulation;
Chambers Bay, Steilacoom, WA
If only one person requests an
opportunity to speak, we may hold a
public meeting rather than a public
hearing. If you wish to meet with us to
discuss the amendment, please request
a meeting by contacting the person
listed under FOR FURTHER INFORMATION
CONTACT. All such meetings are open to
the public and, if possible, we will post
notices of meetings at the locations
listed under ADDRESSES. We will make
a written summary of each meeting a
part of the administrative record.
IV. Procedural Determinations
Executive Order 12866—Regulatory
Planning and Review
Pursuant to Office of Management and
Budget (OMB) Guidance dated October
12, 1993, the approval of state program
amendments is exempted from OMB
review under Executive Order 12866.
Other Laws and Executive Orders
Affecting Rulemaking
When a State submits a program
amendment to OSMRE for review, our
regulations at 30 CFR 732.17(h) require
us to publish a notice in the Federal
Register indicating receipt of the
proposed amendment, its text or a
summary of its terms, and an
opportunity for public comment. We
conclude our review of the proposed
amendment after the close of the public
comment period and determine whether
the amendment should be approved,
approved in part, or not approved. At
that time, we will also make the
determinations and certifications
required by the various laws and
executive orders governing the
rulemaking process and include them in
the final rule.
List of Subjects in 30 CFR Part 938
Intergovernmental relations, Surface
mining, Underground mining.
Dated: September 15, 2017.
Thomas D. Shope,
Regional Director, Appalachian Region.
[FR Doc. 2018–04911 Filed 3–9–18; 8:45 am]
BILLING CODE 4310–05–P
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Coast Guard
33 CFR Part 117
[Docket No. USCG–2017–0695]
RIN 1625–AA09
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
modify the operating schedule that
governs the Chambers Bay railroad lift
bridge (Chambers Bay Bridge) across
Chambers Bay, mile 0.01, near
Steilacoom in Pierce County, WA. The
modified schedule would remove the
stationed bridge operator at the subject
drawbridge during the evening hours
due to minimal usage between these
hours.
SUMMARY:
Comments and related material
must reach the Coast Guard on or before
April 11, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2017–0695 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.
DATES:
If
you have questions on this proposed
rule, call or email Steven M. Fischer,
Bridge Administrator, Thirteenth Coast
Guard District Bridge Program Office,
telephone 206–220–7282; email d13-pfd13bridges@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
BNSF Burlington Northern Santa Fe
§ Section
U.S.C. United States Code
II. Background, Purpose and Legal
Basis
The Coast Guard proposes to add a
new operating schedule that governs the
Chambers Bay Bridge. Burlington
Northern Santa Fe Railway Company
(BNSF) owns and operates the vertical
lift Chambers Bay Bridge, mile 0.01,
near Steilacoom in Pierce County, WA,
and has requested a change to the
operating schedule based on minimum
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Federal Register / Vol. 83, No. 48 / Monday, March 12, 2018 / Proposed Rules
usage between 10 p.m. and 6 a.m. over
the past 6 years. The subject bridge
operates in accordance with 33 CFR
117.5 which is the draw shall open on
demand. This proposed rule will be a
specific operating rule in Subpart B for
the subject bridge. We propose a new
rule that will not require the subject
bridge to station an operator from 10
p.m. to 6 a.m., but the draw shall open
on signal if at least four hours of notice
is given. The draw will be required to
open as soon as possible, no later than
one hour after notification, for vessels
engaged in emergency response.
Chambers Bay Bridge has a vertical
clearance of 10ft in the closed-tonavigation position, and 50ft of vertical
clearance in the open-to-navigation
position (reference MHW elevation of
12.2 feet). We published a test deviation
on July 20, 2017, in the Federal Register
(82 FR 33448) titled Drawbridge
Operation Regulation; Chambers Creek,
Steilacoom, WA. No comments have
been received for the test deviation.
During the test deviation, we have not
received any complaints on the
operation of the Chambers Bay Bridge
with no operator stationed from 10 p.m.
to 6 a.m., and openings with an hour’s
notice to test emergency response have
been conducted successfully.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters passing under, through
or near the Chambers Bay Bridge. The
Coast Guard proposes this rulemaking
under authority in 33 U.S.C. 1231.
daltland on DSKBBV9HB2PROD with PROPOSALS
III. Discussion of Proposed Rule
Chambers Bay provides no alternate
routes to pass around the Chambers Bay
Bridge. This new rule would allow
BNSF to better balance the needs of
marine and rail traffic. In the last 6
years, only 2% of the subject bridge lifts
have occurred between the hours of 10
p.m. and 6 a.m., which equates to
approximately 5 openings a year.
Between February 2009 to June 2015,
1,932 total openings were conducted,
and of those, 40 occurred between the
hours of 10 p.m. and 6 a.m.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analysis 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
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10649
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance, it is exempt
from the requirements of Executive
Order 13771. This regulatory action
determination is based on the ability for
mariners to transit under the bridge
from 10 p.m. to 6 a.m. with no operator
present if a four hour notice is given.
The drawbridge will also be required to
open as soon as possible, but no later
than one hour after notification, for
vessels engaged in emergency response.
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.
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.
While some owners or operators of
vessels intending to transit under the
bridge may be small entities, for the
reasons stated in section IV.A. above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator. Navigation
traffic within Chambers Bay consists
primarily of the tenants of Chambers
Bay marina (recreational users) that are
members of the Chambers Bay Boating
Association. The boating association has
been involved with this operating
schedule change, and we have
communicated with them requesting for
their participation by submitting public
comments. No comments have been
received.
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
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.
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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
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
expenditure, we do discuss the effects of
this proposed rule elsewhere in this
preamble.
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Federal Register / Vol. 83, No. 48 / Monday, March 12, 2018 / Proposed Rules
F. Environment
We have analyzed this proposed 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 preliminary determination
that this action is one of a category of
actions which do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule simply promulgates the operating
regulations or procedures for
drawbridges. Normally such actions are
categorically excluded from further
review, under figure 2–1, paragraph (32)
(e), of the Instruction.
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.
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacynotice.
Documents mentioned in this NPRM
as being available in this docket and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 117.1029 to read as follows:
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.
§ 117.1029
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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
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Jkt 244001
Chambers Bay.
The draw of the Chambers Bay
railroad lift bridge, mile 0.01, at
Chambers Bay, shall open on signal
except between 10 p.m. to 6 a.m. The
draw shall open on signal from 10 p.m.
to 6 a.m. when at least four hours of
notice has been given via the phone
number posted on the bridge, and as
soon as possible, no later than 1 hour
after notification, for vessels engaged in
emergency response.
Dated: February 16, 2018.
Brendan C. McPherson,
Captain, U.S. Coast Guard, Acting
Commander, Thirteenth Coast Guard District.
[FR Doc. 2018–04912 Filed 3–9–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
I. Background
40 CFR Part 52
[EPA–R03–OAR–2017–0739; FRL–9975–34–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Emissions Statement
Requirement for the 2008 Ozone
Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
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The Environmental Protection
Agency (EPA) is proposing to approve a
state implementation plan (SIP) revision
submitted by the Commonwealth of
Pennsylvania. This revision fulfills
Pennsylvania’s emissions statement
requirement for the 2008 ozone national
ambient air quality standard (NAAQS).
This action is being taken under the
Clean Air Act (CAA).
DATES: Written comments must be
received on or before April 11, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2017–0739 at https://
www.regulations.gov, or via email to
spielberger.susan@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
confidential business information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.,
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Gavin Huang, (215) 814–2042, or by
email at huang.gavin@epa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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On March 27, 2008, EPA strengthened
the ozone standard from 0.08 to 0.075
parts per million (ppm). 73 FR 16436.
On May 21, 2012, EPA designated areas
as nonattainment for the 2008 ozone
NAAQS, which include the following
counties in Pennsylvania: Carbon,
Lehigh, Northampton, Lancaster, Bucks,
Chester, Delaware, Montgomery,
Philadelphia, Allegheny, Armstrong,
Beaver, Butler, Fayette, Washington,
Westmoreland, and Berks counties. See
40 CFR 81.339.
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]]>Agencies
[Federal Register Volume 83, Number 48 (Monday, March 12, 2018)]
[Proposed Rules]
[Pages 10648-10650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04912]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2017-0695]
RIN 1625-AA09
Drawbridge Operation Regulation; Chambers Bay, Steilacoom, WA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to modify the operating schedule that
governs the Chambers Bay railroad lift bridge (Chambers Bay Bridge)
across Chambers Bay, mile 0.01, near Steilacoom in Pierce County, WA.
The modified schedule would remove the stationed bridge operator at the
subject drawbridge during the evening hours due to minimal usage
between these hours.
DATES: Comments and related material must reach the Coast Guard on or
before April 11, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2017-0695 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 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
BNSF Burlington Northern Santa Fe
Sec. Section
U.S.C. United States Code
II. Background, Purpose and Legal Basis
The Coast Guard proposes to add a new operating schedule that
governs the Chambers Bay Bridge. Burlington Northern Santa Fe Railway
Company (BNSF) owns and operates the vertical lift Chambers Bay Bridge,
mile 0.01, near Steilacoom in Pierce County, WA, and has requested a
change to the operating schedule based on minimum
[[Page 10649]]
usage between 10 p.m. and 6 a.m. over the past 6 years. The subject
bridge operates in accordance with 33 CFR 117.5 which is the draw shall
open on demand. This proposed rule will be a specific operating rule in
Subpart B for the subject bridge. We propose a new rule that will not
require the subject bridge to station an operator from 10 p.m. to 6
a.m., but the draw shall open on signal if at least four hours of
notice is given. The draw will be required to open as soon as possible,
no later than one hour after notification, for vessels engaged in
emergency response.
Chambers Bay Bridge has a vertical clearance of 10ft in the closed-
to-navigation position, and 50ft of vertical clearance in the open-to-
navigation position (reference MHW elevation of 12.2 feet). We
published a test deviation on July 20, 2017, in the Federal Register
(82 FR 33448) titled Drawbridge Operation Regulation; Chambers Creek,
Steilacoom, WA. No comments have been received for the test deviation.
During the test deviation, we have not received any complaints on the
operation of the Chambers Bay Bridge with no operator stationed from 10
p.m. to 6 a.m., and openings with an hour's notice to test emergency
response have been conducted successfully.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters passing under, through or near the Chambers
Bay Bridge. The Coast Guard proposes this rulemaking under authority in
33 U.S.C. 1231.
III. Discussion of Proposed Rule
Chambers Bay provides no alternate routes to pass around the
Chambers Bay Bridge. This new rule would allow BNSF to better balance
the needs of marine and rail traffic. In the last 6 years, only 2% of
the subject bridge lifts have occurred between the hours of 10 p.m. and
6 a.m., which equates to approximately 5 openings a year. Between
February 2009 to June 2015, 1,932 total openings were conducted, and of
those, 40 occurred between the hours of 10 p.m. and 6 a.m.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analysis based on these statutes and Executive Orders, and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance, it is exempt
from the requirements of Executive Order 13771. This regulatory action
determination is based on the ability for mariners to transit under the
bridge from 10 p.m. to 6 a.m. with no operator present if a four hour
notice is given. The drawbridge will also be required to open as soon
as possible, but no later than one hour after notification, for vessels
engaged in emergency response.
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.
While some owners or operators of vessels intending to transit
under the bridge may be small entities, for the reasons stated in
section IV.A. above, this proposed rule would not have a significant
economic impact on any vessel owner or operator. Navigation traffic
within Chambers Bay consists primarily of the tenants of Chambers Bay
marina (recreational users) that are members of the Chambers Bay
Boating Association. The boating association has been involved with
this operating schedule change, and we have communicated with them
requesting for their participation by submitting public comments. No
comments have been received.
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 expenditure, we do discuss the effects of this proposed
rule elsewhere in this preamble.
[[Page 10650]]
F. Environment
We have analyzed this proposed 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 preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. This proposed rule simply
promulgates the operating regulations or procedures for drawbridges.
Normally such actions are categorically excluded from further review,
under figure 2-1, paragraph (32) (e), of the Instruction.
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, visit https://www.regulations.gov/privacynotice.
Documents mentioned in this NPRM as being available in this docket
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website'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. Add Sec. 117.1029 to read as follows:
Sec. 117.1029 Chambers Bay.
The draw of the Chambers Bay railroad lift bridge, mile 0.01, at
Chambers Bay, shall open on signal except between 10 p.m. to 6 a.m. The
draw shall open on signal from 10 p.m. to 6 a.m. when at least four
hours of notice has been given via the phone number posted on the
bridge, and as soon as possible, no later than 1 hour after
notification, for vessels engaged in emergency response.
Dated: February 16, 2018.
Brendan C. McPherson,
Captain, U.S. Coast Guard, Acting Commander, Thirteenth Coast Guard
District.
[FR Doc. 2018-04912 Filed 3-9-18; 8:45 am]
BILLING CODE 9110-04-P
