Drawbridge Operation Regulation; Technical Amendment; Removal of Obsolete Drawbridge Operating Regulations, 30036-30039 [2018-13760]
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Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Rules and Regulations
Dated: June 21, 2018.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 206
[FR Doc. 2018–13759 Filed 6–26–18; 8:45 am]
[Docket ID: DOD–2017–OS–0055]
BILLING CODE 5001–06–P
RIN 0790–AJ93
National Security Education Program
(NSEP) Grants to Institutions of Higher
Education
Under Secretary of Defense for
Personnel and Readiness, DoD.
ACTION: Final rule.
AGENCY:
This final rule will remove
DoD’s regulation that relates to the
administration of the Boren grants
program as sections pertinent to the
public were incorporated into the
revision of DoD’s regulation titled
‘‘National Security Education Program
(NSEP) and NSEP Service Agreement’’
on December 5, 2016. This rule has been
superseded, is unnecessary, and can be
removed.
DATES: This rule is effective on June 27,
2018.
FOR FURTHER INFORMATION CONTACT: Dr.
Sam Eisen at 571–256–0760.
SUPPLEMENTARY INFORMATION: It has been
determined that publication of this CFR
part removal for public comment is
impracticable, unnecessary, and
contrary to public interest since its
content was incorporated into another
CFR part for which public comment was
taken.
The removal of this part eliminates
text which has been superseded at 32
CFR part 208, therefore, it will not
change the regulatory impact on the
public. This removal is administrative
in nature and does not result in a
burden reduction or cost savings to the
public.
DoD internal guidance concerning the
administration of the Boren grants
program will continue to be published
in DoD Instruction 1025.02 available at
https://www.esd.whs.mil/Portals/54/
Documents/DD/issuances/dodi/102502_
dodi_2017.pdf.
This rule is not significant under
Executive Order (E.O.) 12866,
‘‘Regulatory Planning and Review,’’
therefore, E.O. 13771, ‘‘Reducing
Regulation and Controlling Regulatory
Costs’’ does not apply.
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SUMMARY:
Accordingly, by the authority of 5
U.S.C. 301, 32 CFR part 206 is removed.
14:30 Jun 26, 2018
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33 CFR Part 117
[Docket No. USCG–2018–0443]
RIN 1625–AA09
Drawbridge Operation Regulation;
Technical Amendment; Removal of
Obsolete Drawbridge Operating
Regulations
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is removing
the existing operation regulations for 33
drawbridges across various waterways
and in various locations, across the east
coast and western rivers of the United
States. These drawbridges have either
been replaced with a fixed bridge,
removed from the waterway, altered
with CG approval in such a manner that
the drawspan is no longer moveable or
the approaching rail lines or roadways
have been removed with the drawspan
open to navigation and inoperable.
These 33 operating regulations are no
longer applicable or necessary.
DATES: This rule is effective June 27,
2018.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0443. 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. Chris Jaufmann, Office of
Bridge Programs; United States Coast
Guard Headquarters; telephone 202–
372–1512, email Josef.C.Jaufmann@
uscg.mil.
ADDRESSES:
I. Table of Abbreviations
PART 206—[REMOVED]
VerDate Sep<11>2014
Coast Guard
SUPPLEMENTARY INFORMATION:
List of Subjects in 32 CFR Part 206
Colleges and universities, Grant
programs—education.
■
DEPARTMENT OF HOMELAND
SECURITY
CFR Code of Federal Regulations
DHS Department Of Homeland Security
FR Federal Register
Pub. L. Public Law
§ Section
U.S.C. United States Code
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II. Background Information and
Regulatory History
The Coast Guard is issuing this final
rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that notice and comment
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ Under 5 U.S.C. 553(b), the
Coast Guard finds that good cause exists
for not publishing a notice of proposed
rulemaking (NPRM) due to the fact that
the 33 drawbridges identified either do
not exist or no longer function as a
drawbridge. Therefore, their regulations
are no longer applicable and need to be
removed. It is unnecessary to publish a
NPRM because drawbridge regulations
are only used for bridges that have an
operational span that is intended to be
opened for the passage of waterway
traffic. These bridges are no longer
operational.
For the same reasons stated in the
preceding paragraph, under 5 U.S.C.
553(d)(3), the Coast Guard finds that
good cause exists for making this rule
effective in less than 30 days after
publication in the Federal Register. The
bridges at issue no longer have an
operational span and therefore have no
need of a drawbridge regulation. The
removal of the regulation will not affect
mariners currently operating on this
waterway. Therefore, a delayed effective
date is unnecessary.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority 33 U.S.C. 499.
The elimination of these drawbridges
necessitates the removal of their
corresponding drawbridge operation
regulation in 33 CFR part 117 subpart B.
IV. Discussion of Final Rule
The Coast Guard is removing
restrictions and the regulatory burdens
related to the draw operations for these
33 bridges that no longer function as
drawbridges. In the regulatory section of
this final rule, the 33 bridges are
presented numerically based on their
section number and, if applicable,
paragraph lettering under 33 CFR part
117 subpart B.
This final rule will update 33 CFR
part 117 subpart B by removing
language that governs the operating
schedule of the aforementioned bridges,
which in fact, in their current state, are
no longer drawbridges. The removal of
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these obsolete regulations will not affect
waterway or land traffic.
The following bridges remain across
their respective waterways and remain
in use in their transportation function,
however; have been converted to fixed
bridges:
—§ 117.125(b) Black River; Black Rock,
AR; Burlington Northern RR Bridge;
Mile 68.4; Eighth Coast Guard
District.
—§ 117.125(c) Black River; Pocahontas,
AR; Arkansas State HWY Dept.
Bridge; Mile 90.1; Eighth Coast Guard
District.
—§ 117.125(e) Black River; Corning, AR;
Union Pacific RR Bridge; Mile 144.4;
Eighth Coast Guard District.
—§ 117.125(f) Black River; Corning, AR;
Arkansas State HWY Dept. Bridge;
Mile 152.2; Eighth Coast Guard
District.
—§ 117.127 Current River; Biggers, AR;
Arkansas Highway Bridge; Mile 10.2;
Eight Coast Guard District
—§ 117.527 Kennebunk River; Between
Kennebunk and Kennebunkport, ME;
Dock Square Drawbridge; Mile 1; First
Coast Guard District.
—§ 117.591(b) Charles River and its
Tributaries; Boston, MA; Charleston
Bridge; Mile 0.4; First Coast Guard
District.
—§ 117.609(b) Mystic River; Somerville,
MA; Wellington Bridge; Mile 2.5; First
Coast Guard District.
—§ 117.613 North River; Norwell, MA;
Plymouth County (Bridge Street)
Bridge; Mile 4.0; First Coast Guard
District.
—§ 117.738 Overpeck Creek; Ridgefield
Park; Conrail and the New York,
Susquehanna and Western Railroad
Bridges; Mile 0.0; First Coast Guard
District.
The following bridges are no longer
functional drawbridges. These bridges
have either had their operable drawspan
removed or the bridge was removed in
whole from the waterway:
—§ 117.125(d) Black River; Pocahontas,
AR; Burlington Northern RR Bridge;
Mile 90.4; Eighth Coast Guard
District.
—§ 117.127 Current River; Biggers, AR;
Burlington Northern RR Bridge; Mile
12.2; Eighth Coast Guard District.
—§ 117.272 Boot Key Harbor; Between
Marathon and Boot Key, FL; Boot Key
Harbor Drawbridge; Mile 0.13;
Seventh Coast Guard District.
—§ 117.531(c)(2) Piscataqua River;
Portsmouth, ME; Sarah M. Long
(Route 1 Bypass) Secondary
Recreation Draw; Mile 2.5; First Coast
Guard District.
—§ 117.599 Fort Point Channel; Boston,
MA; Northern Avenue Bridge; Mile
0.1; First Coast Guard District.
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—§ 117.601 Malden River; Between
Medford and Everett, MA; S16 Bridge;
Mile 0.3; First Coast Guard District.
The following bridges remain in the
waterway and are open to navigation.
However, the rail line, including the
bridge, are no longer in use.
—§ 117.139(a) White River; DeValls
Bluff; AR; Chicago, Rock Island and
Pacific Railroad Bridge; Mile 122;
Eighth Coast Guard District.
—§ 117.521 Back Cove; Portland, ME;
Canadian National Railroad Bridge;
Mile 0.2; First Coast Guard District.
—§ 117.605(b) Merrimack River;
Newburyport, MA; Massachusetts Bay
Transportation Authority (MBTA)
Railroad Bridge; Mile 3.4; First Coast
Guard District.
The following drawbridges have been
removed from the waterway and
replaced with fixed bridges:
—§ 117.139(a) White River; DeValls
Bluff, AR; US70 Highway Bridge; Mile
121.7; First Coast Guard District.
—§ 117.261(b) Atlantic Intracoastal
Waterway from St. Mary’s River to
Key Largo; Jacksonville Beach, FL;
McCormick Bridge; Mile 747.5;
Seventh Coast Guard District.
—§ 117.261(qq) Atlantic Intracoastal
Waterway from St. Mary’s River to
Key Largo; Key Largo, FL; Jewfish
Creek; Mile 1134; Seventh Coast
Guard District.
—§ 117.287(i) Gulf Intracoastal
Waterway; Clearwater, FL; Belleair
Beach Drawbridge; Mile 131.8;
Seventh Coast Guard District.
—§ 117.309 Nassau Sound; Between
Amelia Island and Talbot Island, FL;
Fernandina Port Authority (SR–A–1–
A) Bridge; Mile 0.4; Seventh Coast
Guard District.
—§ 117.317(j) Okeechobee Waterway;
Punta Rassa, FL; Sanibel Causeway
Bridge; Mile 151; Seventh Coast
Guard District.
—§ 117.483 Ouachita River;
Harrisonburg, LA; S8 Bridge; Mile
57.5; Eight Coast Guard District.
—§ 117.529 Narraguagus River;
Millbridge, ME; Highway Bridge; Mile
1.8; First Coast Guard District.
—§ 117.739(n)(1) Passaic River;
Wallington, NJ; Gregory Avenue
Bridge; Mile 14; First Coast Guard
District.
—§ 117.779 Eastchester Bay (Arm of);
Between Rodman Neck and City
Island, NY; Highway Bridge; Mile 2.2;
First Coast Guard District.
—§ 117.805 Peekskill (Annsville) Creek;
Peekskill, NY; Conrail Bridge; Mile 0;
First Coast Guard District.
—§ 117.1059(d) Snohomish River,
Steamboat Slough, and Ebey Bay;
Everett, WA; SR 2 Highway Bridges;
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30037
Mile 6.9; Thirteenth Coast Guard
District.
—§ 117.1059(h) Snohomish River,
Steamboat Slough, and Ebey Bay;
Marysville, WA; SR 529 Highway
Bridge; Mile 1.6; Thirteenth Coast
Guard District.
In accordance with § 117.1059(h), the
drawtender at the SR 529 Highway
Bridge across Ebey Slough, mile 1.6 at
Marysville would control the openings
at that bridge and the openings for the
SR 529 Highway Bridge across the
Snohomish River, mile 3.6 at Everett
and the twin, SR 529 Highway Bridges
across Steamboat Slough, mile 1.1 and
1.2 respectively near Marysville;
Monday through Friday. The
drawtender at SR 529 Highway Bridge
across the Snohomish River, mile 3.6 at
Everett would control bridge openings
at all other times. Due to the
replacement of the SR 529 Highway
Bridge across Ebey Slough, mile 1.6 at
Marysville with a fixed bridge, the
duties of the drawtender were no longer
needed and are now the full
responsibility of the drawtender at the
SR 529 Highway Bridge across the
Snohomish River, mile 3.6 at Everett.
Operation and contact information for
the bridges remains the same and this
action will not affect waterway and land
traffic.
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.
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. See OMB’s Memorandum
‘‘Guidance Implementing Executive
Order 13771, Titled ‘Reducing
Regulation and Controlling Regulatory
Costs’’’ (April 5, 2017). DHS considers
this final rule to be a deregulatory
action.
As previously explained the above 33
listed bridges, have either been removed
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from the waterway or converted/
replaced to or by a fixed bridge. The
removal of their operating schedules
from 33 CFR 117 Subpart B will have no
effect on the movement of waterway or
land traffic, but will serve to remove an
outdated and obsolete provision from
the CFR.
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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 rule will not have a
significant economic impact on a
substantial number of small entities.
For the reasons stated in section IV.A
above this final 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 (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).
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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.
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 expenditure, we
do discuss the effects of this rule
elsewhere in this preamble.
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.
List of Subjects in 33 CFR Part 117
Bridges.
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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 § 117.125 to read as follows:
§ 117.125
Black River.
The Union Pacific Railroad Bridge,
mile 3.4 at Paoquet need not open for
the passage of vessels.
§ 117.127
[Removed]
3. Remove § 117.127.
4. Revise paragraph (a) in § 117.139 to
read as follows:
■
■
§ 117.139
White River.
(a) The draws of the St. Louis
Southwestern railroad bridge, mile 98.9
at Clarendon, the Missouri Pacific
railroad bridge, mile 196.3 at Augusta
and the Missouri Pacific railroad bridge,
mile 254.8 at Newport, shall open on
signal if at least eight hours notice is
given. The draws of any of these bridges
need not be opened for a vessel that
arrives later than two hours after the
time specified in the notice, unless a
second notice of at least eight hours is
given.
*
*
*
*
*
§ 117.261
[Amended]
5. Amend § 117.261 by removing and
reserving paragraphs (b) and (qq).
■
§ 117.272
■
[Removed]
6. Remove § 117.272.
§ 117.287
[Amended]
7. Amend § 117.287 by removing
paragraph (i).
■
§ 117.309
■
[Removed]
8. Remove § 117.309.
§ 117.317
[Amended]
9. Amend § 117.317 by removing
paragraph (j) and redesignating
paragraph (k) as paragraph (j).
■
§ 117.483
■
§ 117.521
■
[Removed]
12. Remove § 117.527.
§ 117.529
■
[Removed]
11. Remove § 117.521.
§ 117.527
■
[Removed]
10. Remove § 117.483.
[Removed]
13. Remove § 117.529.
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§ 117.531
[Amended]
14. Amend § 117.531 by removing and
reserving paragraph (c)(2).
■
§ 117.591
[Amended]
15. Amend § 117.591 by removing
paragraph (b) and redesignating
paragraphs (c) through (f) as paragraphs
(b) through (e).
■
§ 117.599
■
§ 117.601
■
[Removed]
16. Remove § 117.599.
[Removed]
17. Remove § 117.601.
§ 117.605
[Amended]
18. Amend § 117.605 by removing
paragraph (b) and redesignating
paragraph (c) as paragraph (b).
■ 19. Revise § 117.609 to read as
follows:
■
§ 117.609
Mystic River.
The draw of the S99 Alford Street
Bridge, mile 1.4, shall open on signal;
except that, Monday through Saturday,
excluding holidays, the draw need not
open for the passage of vessel traffic
from 7:45 a.m. to 9 a.m., 9:10 a.m. to 10
a.m., and 5 p.m. to 6 p.m., daily. From
November 1 through March 31, between
3 p.m. and 7 a.m., at least an eight-hour
advance notice is required for bridge
openings by calling the number posted
at the bridge.
§ 117.613
■
[Removed]
20. Remove § 117.613.
§ 117.738
Brian L. Dunn,
Chief, Bridge Program, Coast Guard
Headquarters.
[FR Doc. 2018–13760 Filed 6–26–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[Removed]
21. Remove § 117.738.
22. Revise paragraph (n) in § 117.739
to read as follows:
■
■
§ 117.739
River, mile 3.6, at Everett shall open on
signal if notice is provided at least one
hour in advance. Notice for openings
shall be given by marine radio,
telephone or other means to the
drawtender at the twin, SR 529,
Highway Bridges across the Snohomish
River, mile 3.6. One signal opens both
draws. During freshets, a drawtender
shall be in constant attendance, and the
draws shall open on signal when so
ordered by the District Commander.
*
*
*
*
*
(f) The draws of the twin SR 529,
highway bridges across Steamboat
Slough, miles 1.1 and 1.2, near
Marysville, shall open on signal if
notice is provided at least four hours in
advance. Notice for openings shall be
given by marine radio or telephone to
the drawtender at the twin, SR 529,
Highway Bridges across the Snohomish
River, mile 3.6. One signal opens both
draws. During freshets, a drawtender
shall be in constant attendance, and the
draws shall open on signal when so
ordered by the District Commander.
33 CFR Part 165
[Docket Number USCG–2018–0467]
RIN 1625–AA00
Passaic River.
*
*
*
*
(n) West Eighth Street Bridge, mile
15.3, at Garfield need not open for the
passage of vessels.
*
*
*
*
*
Safety Zone; Lakewood Independence
Day Fireworks; Lake Erie, Lakewood,
OH
§ 117.779
SUMMARY:
*
■
ACTION:
[Removed]
23. Remove § 117.779.
§ 117.805
[Removed]
24. Remove § 117.805.
25. In § 117.1059:
a. Revise paragraph (c).
b. Remove paragraphs (d) and (h).
c. Redesignate paragraphs (e), (f) and
(g) as (d), (e) and (f).
■ d. Revise newly redesignated
paragraph (f).
The revisions read as follows:
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■
■
■
■
■
§ 117.1059 Snohomish River, Steamboat
Slough, and Ebey Slough.
*
*
*
*
*
(c) The draws of the twin, SR 529,
highway bridges across the Snohomish
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Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 420-foot
radius of the launch site at Lakewood
Park, Lakewood, OH. This safety zone is
intended to restrict vessels from
portions of Lake Erie during the
Lakewood Independence Day fireworks
display. This temporary safety zone is
necessary to protect mariners and
vessels from the navigational hazards
associated with a fireworks display.
Entry of vessels or persons into this
zone is prohibited unless specifically
authorized by the Captain of the Port
Sector Buffalo.
DATES: This rule is effective from 9:45
p.m. until 10:45 p.m. on July 4, 2018.
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30039
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0467 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email LT Ryan Junod, Chief of
Waterways Management, U.S. Coast
Guard Marine Safety Unit Cleveland;
telephone 216–937–0124, email
Ryan.S.Junod@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
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
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because the
event sponsor did not submit notice to
the Coast Guard with sufficient time
remaining before the event to publish an
NPRM. Delaying the effective date
would be contrary to the rule’s
objectives of enhancing safety of life on
the navigable waters and protection of
persons and vessels in the vicinity of
the fireworks display.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date
would be contrary to the rule’s
objectives of enhancing safety of life on
the navigable waters and protection of
persons and vessels in vicinity of the
fireworks display.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Buffalo (COTP) has
determined that a fireworks display
presents significant risks to the public
E:\FR\FM\27JNR1.SGM
27JNR1
]]>Agencies
[Federal Register Volume 83, Number 124 (Wednesday, June 27, 2018)]
[Rules and Regulations]
[Pages 30036-30039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13760]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2018-0443]
RIN 1625-AA09
Drawbridge Operation Regulation; Technical Amendment; Removal of
Obsolete Drawbridge Operating Regulations
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is removing the existing operation regulations
for 33 drawbridges across various waterways and in various locations,
across the east coast and western rivers of the United States. These
drawbridges have either been replaced with a fixed bridge, removed from
the waterway, altered with CG approval in such a manner that the
drawspan is no longer moveable or the approaching rail lines or
roadways have been removed with the drawspan open to navigation and
inoperable. These 33 operating regulations are no longer applicable or
necessary.
DATES: This rule is effective June 27, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0443. 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. Chris Jaufmann, Office of Bridge Programs; United
States Coast Guard Headquarters; telephone 202-372-1512, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department Of Homeland Security
FR Federal Register
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that notice
and comment procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under 5 U.S.C. 553(b), the Coast Guard finds
that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) due to the fact that the 33 drawbridges identified
either do not exist or no longer function as a drawbridge. Therefore,
their regulations are no longer applicable and need to be removed. It
is unnecessary to publish a NPRM because drawbridge regulations are
only used for bridges that have an operational span that is intended to
be opened for the passage of waterway traffic. These bridges are no
longer operational.
For the same reasons stated in the preceding paragraph, under 5
U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for
making this rule effective in less than 30 days after publication in
the Federal Register. The bridges at issue no longer have an
operational span and therefore have no need of a drawbridge regulation.
The removal of the regulation will not affect mariners currently
operating on this waterway. Therefore, a delayed effective date is
unnecessary.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The elimination of these drawbridges necessitates the removal of
their corresponding drawbridge operation regulation in 33 CFR part 117
subpart B.
IV. Discussion of Final Rule
The Coast Guard is removing restrictions and the regulatory burdens
related to the draw operations for these 33 bridges that no longer
function as drawbridges. In the regulatory section of this final rule,
the 33 bridges are presented numerically based on their section number
and, if applicable, paragraph lettering under 33 CFR part 117 subpart
B.
This final rule will update 33 CFR part 117 subpart B by removing
language that governs the operating schedule of the aforementioned
bridges, which in fact, in their current state, are no longer
drawbridges. The removal of
[[Page 30037]]
these obsolete regulations will not affect waterway or land traffic.
The following bridges remain across their respective waterways and
remain in use in their transportation function, however; have been
converted to fixed bridges:
--Sec. 117.125(b) Black River; Black Rock, AR; Burlington Northern RR
Bridge; Mile 68.4; Eighth Coast Guard District.
--Sec. 117.125(c) Black River; Pocahontas, AR; Arkansas State HWY
Dept. Bridge; Mile 90.1; Eighth Coast Guard District.
--Sec. 117.125(e) Black River; Corning, AR; Union Pacific RR Bridge;
Mile 144.4; Eighth Coast Guard District.
--Sec. 117.125(f) Black River; Corning, AR; Arkansas State HWY Dept.
Bridge; Mile 152.2; Eighth Coast Guard District.
--Sec. 117.127 Current River; Biggers, AR; Arkansas Highway Bridge;
Mile 10.2; Eight Coast Guard District
--Sec. 117.527 Kennebunk River; Between Kennebunk and Kennebunkport,
ME; Dock Square Drawbridge; Mile 1; First Coast Guard District.
--Sec. 117.591(b) Charles River and its Tributaries; Boston, MA;
Charleston Bridge; Mile 0.4; First Coast Guard District.
--Sec. 117.609(b) Mystic River; Somerville, MA; Wellington Bridge;
Mile 2.5; First Coast Guard District.
--Sec. 117.613 North River; Norwell, MA; Plymouth County (Bridge
Street) Bridge; Mile 4.0; First Coast Guard District.
--Sec. 117.738 Overpeck Creek; Ridgefield Park; Conrail and the New
York, Susquehanna and Western Railroad Bridges; Mile 0.0; First Coast
Guard District.
The following bridges are no longer functional drawbridges. These
bridges have either had their operable drawspan removed or the bridge
was removed in whole from the waterway:
--Sec. 117.125(d) Black River; Pocahontas, AR; Burlington Northern RR
Bridge; Mile 90.4; Eighth Coast Guard District.
--Sec. 117.127 Current River; Biggers, AR; Burlington Northern RR
Bridge; Mile 12.2; Eighth Coast Guard District.
--Sec. 117.272 Boot Key Harbor; Between Marathon and Boot Key, FL;
Boot Key Harbor Drawbridge; Mile 0.13; Seventh Coast Guard District.
--Sec. 117.531(c)(2) Piscataqua River; Portsmouth, ME; Sarah M. Long
(Route 1 Bypass) Secondary Recreation Draw; Mile 2.5; First Coast Guard
District.
--Sec. 117.599 Fort Point Channel; Boston, MA; Northern Avenue Bridge;
Mile 0.1; First Coast Guard District.
--Sec. 117.601 Malden River; Between Medford and Everett, MA; S16
Bridge; Mile 0.3; First Coast Guard District.
The following bridges remain in the waterway and are open to
navigation. However, the rail line, including the bridge, are no longer
in use.
--Sec. 117.139(a) White River; DeValls Bluff; AR; Chicago, Rock Island
and Pacific Railroad Bridge; Mile 122; Eighth Coast Guard District.
--Sec. 117.521 Back Cove; Portland, ME; Canadian National Railroad
Bridge; Mile 0.2; First Coast Guard District.
--Sec. 117.605(b) Merrimack River; Newburyport, MA; Massachusetts Bay
Transportation Authority (MBTA) Railroad Bridge; Mile 3.4; First Coast
Guard District.
The following drawbridges have been removed from the waterway and
replaced with fixed bridges:
--Sec. 117.139(a) White River; DeValls Bluff, AR; US70 Highway Bridge;
Mile 121.7; First Coast Guard District.
--Sec. 117.261(b) Atlantic Intracoastal Waterway from St. Mary's River
to Key Largo; Jacksonville Beach, FL; McCormick Bridge; Mile 747.5;
Seventh Coast Guard District.
--Sec. 117.261(qq) Atlantic Intracoastal Waterway from St. Mary's
River to Key Largo; Key Largo, FL; Jewfish Creek; Mile 1134; Seventh
Coast Guard District.
--Sec. 117.287(i) Gulf Intracoastal Waterway; Clearwater, FL; Belleair
Beach Drawbridge; Mile 131.8; Seventh Coast Guard District.
--Sec. 117.309 Nassau Sound; Between Amelia Island and Talbot Island,
FL; Fernandina Port Authority (SR-A-1-A) Bridge; Mile 0.4; Seventh
Coast Guard District.
--Sec. 117.317(j) Okeechobee Waterway; Punta Rassa, FL; Sanibel
Causeway Bridge; Mile 151; Seventh Coast Guard District.
--Sec. 117.483 Ouachita River; Harrisonburg, LA; S8 Bridge; Mile 57.5;
Eight Coast Guard District.
--Sec. 117.529 Narraguagus River; Millbridge, ME; Highway Bridge; Mile
1.8; First Coast Guard District.
--Sec. 117.739(n)(1) Passaic River; Wallington, NJ; Gregory Avenue
Bridge; Mile 14; First Coast Guard District.
--Sec. 117.779 Eastchester Bay (Arm of); Between Rodman Neck and City
Island, NY; Highway Bridge; Mile 2.2; First Coast Guard District.
--Sec. 117.805 Peekskill (Annsville) Creek; Peekskill, NY; Conrail
Bridge; Mile 0; First Coast Guard District.
--Sec. 117.1059(d) Snohomish River, Steamboat Slough, and Ebey Bay;
Everett, WA; SR 2 Highway Bridges; Mile 6.9; Thirteenth Coast Guard
District.
--Sec. 117.1059(h) Snohomish River, Steamboat Slough, and Ebey Bay;
Marysville, WA; SR 529 Highway Bridge; Mile 1.6; Thirteenth Coast Guard
District.
In accordance with Sec. 117.1059(h), the drawtender at the SR 529
Highway Bridge across Ebey Slough, mile 1.6 at Marysville would control
the openings at that bridge and the openings for the SR 529 Highway
Bridge across the Snohomish River, mile 3.6 at Everett and the twin, SR
529 Highway Bridges across Steamboat Slough, mile 1.1 and 1.2
respectively near Marysville; Monday through Friday. The drawtender at
SR 529 Highway Bridge across the Snohomish River, mile 3.6 at Everett
would control bridge openings at all other times. Due to the
replacement of the SR 529 Highway Bridge across Ebey Slough, mile 1.6
at Marysville with a fixed bridge, the duties of the drawtender were no
longer needed and are now the full responsibility of the drawtender at
the SR 529 Highway Bridge across the Snohomish River, mile 3.6 at
Everett. Operation and contact information for the bridges remains the
same and this action will not affect waterway and land traffic.
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.
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. See OMB's Memorandum
``Guidance Implementing Executive Order 13771, Titled `Reducing
Regulation and Controlling Regulatory Costs''' (April 5, 2017). DHS
considers this final rule to be a deregulatory action.
As previously explained the above 33 listed bridges, have either
been removed
[[Page 30038]]
from the waterway or converted/replaced to or by a fixed bridge. The
removal of their operating schedules from 33 CFR 117 Subpart B will
have no effect on the movement of waterway or land traffic, but will
serve to remove an outdated and obsolete provision from the CFR.
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 rule
will not have a significant economic impact on a substantial number of
small entities.
For the reasons stated in section IV.A above this final 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 (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.
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 expenditure, we do discuss the effects of this rule elsewhere in
this preamble.
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.
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. 117.125 to read as follows:
Sec. 117.125 Black River.
The Union Pacific Railroad Bridge, mile 3.4 at Paoquet need not
open for the passage of vessels.
Sec. 117.127 [Removed]
0
3. Remove Sec. 117.127.
0
4. Revise paragraph (a) in Sec. 117.139 to read as follows:
Sec. 117.139 White River.
(a) The draws of the St. Louis Southwestern railroad bridge, mile
98.9 at Clarendon, the Missouri Pacific railroad bridge, mile 196.3 at
Augusta and the Missouri Pacific railroad bridge, mile 254.8 at
Newport, shall open on signal if at least eight hours notice is given.
The draws of any of these bridges need not be opened for a vessel that
arrives later than two hours after the time specified in the notice,
unless a second notice of at least eight hours is given.
* * * * *
Sec. 117.261 [Amended]
0
5. Amend Sec. 117.261 by removing and reserving paragraphs (b) and
(qq).
Sec. 117.272 [Removed]
0
6. Remove Sec. 117.272.
Sec. 117.287 [Amended]
0
7. Amend Sec. 117.287 by removing paragraph (i).
Sec. 117.309 [Removed]
0
8. Remove Sec. 117.309.
Sec. 117.317 [Amended]
0
9. Amend Sec. 117.317 by removing paragraph (j) and redesignating
paragraph (k) as paragraph (j).
Sec. 117.483 [Removed]
0
10. Remove Sec. 117.483.
Sec. 117.521 [Removed]
0
11. Remove Sec. 117.521.
Sec. 117.527 [Removed]
0
12. Remove Sec. 117.527.
Sec. 117.529 [Removed]
0
13. Remove Sec. 117.529.
[[Page 30039]]
Sec. 117.531 [Amended]
0
14. Amend Sec. 117.531 by removing and reserving paragraph (c)(2).
Sec. 117.591 [Amended]
0
15. Amend Sec. 117.591 by removing paragraph (b) and redesignating
paragraphs (c) through (f) as paragraphs (b) through (e).
Sec. 117.599 [Removed]
0
16. Remove Sec. 117.599.
Sec. 117.601 [Removed]
0
17. Remove Sec. 117.601.
Sec. 117.605 [Amended]
0
18. Amend Sec. 117.605 by removing paragraph (b) and redesignating
paragraph (c) as paragraph (b).
0
19. Revise Sec. 117.609 to read as follows:
Sec. 117.609 Mystic River.
The draw of the S99 Alford Street Bridge, mile 1.4, shall open on
signal; except that, Monday through Saturday, excluding holidays, the
draw need not open for the passage of vessel traffic from 7:45 a.m. to
9 a.m., 9:10 a.m. to 10 a.m., and 5 p.m. to 6 p.m., daily. From
November 1 through March 31, between 3 p.m. and 7 a.m., at least an
eight-hour advance notice is required for bridge openings by calling
the number posted at the bridge.
Sec. 117.613 [Removed]
0
20. Remove Sec. 117.613.
Sec. 117.738 [Removed]
0
21. Remove Sec. 117.738.
0
22. Revise paragraph (n) in Sec. 117.739 to read as follows:
Sec. 117.739 Passaic River.
* * * * *
(n) West Eighth Street Bridge, mile 15.3, at Garfield need not open
for the passage of vessels.
* * * * *
Sec. 117.779 [Removed]
0
23. Remove Sec. 117.779.
Sec. 117.805 [Removed]
0
24. Remove Sec. 117.805.
0
25. In Sec. 117.1059:
0
a. Revise paragraph (c).
0
b. Remove paragraphs (d) and (h).
0
c. Redesignate paragraphs (e), (f) and (g) as (d), (e) and (f).
0
d. Revise newly redesignated paragraph (f).
The revisions read as follows:
Sec. 117.1059 Snohomish River, Steamboat Slough, and Ebey Slough.
* * * * *
(c) The draws of the twin, SR 529, highway bridges across the
Snohomish River, mile 3.6, at Everett shall open on signal if notice is
provided at least one hour in advance. Notice for openings shall be
given by marine radio, telephone or other means to the drawtender at
the twin, SR 529, Highway Bridges across the Snohomish River, mile 3.6.
One signal opens both draws. During freshets, a drawtender shall be in
constant attendance, and the draws shall open on signal when so ordered
by the District Commander.
* * * * *
(f) The draws of the twin SR 529, highway bridges across Steamboat
Slough, miles 1.1 and 1.2, near Marysville, shall open on signal if
notice is provided at least four hours in advance. Notice for openings
shall be given by marine radio or telephone to the drawtender at the
twin, SR 529, Highway Bridges across the Snohomish River, mile 3.6. One
signal opens both draws. During freshets, a drawtender shall be in
constant attendance, and the draws shall open on signal when so ordered
by the District Commander.
Brian L. Dunn,
Chief, Bridge Program, Coast Guard Headquarters.
[FR Doc. 2018-13760 Filed 6-26-18; 8:45 am]
BILLING CODE 9110-04-P
