Drawbridge Operation Regulation; Technical Amendment; Removal of Obsolete Drawbridge Operating Regulations, 30036-30039 [2018-13760]

Download as PDF 30036 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 This rule has been superseded, is unnecessary, and can be removed.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 The removal of this part eliminates text which has been superseded at 32 CFR part 208, therefore, it will not change the regulatory impact on the public.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 http://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. nshattuck on DSK9F9SC42PROD with RULES SUMMARY: Accordingly, by the authority of 5 U.S.C. 301, 32 CFR part 206 is removed. 14:30 Jun 26, 2018 Jkt 244001 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 http:// 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 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 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 E:\FR\FM\27JNR1.SGM 27JNR1 nshattuck on DSK9F9SC42PROD with RULES Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Rules and Regulations 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. VerDate Sep<11>2014 14:30 Jun 26, 2018 Jkt 244001 —§ 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; PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 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 E:\FR\FM\27JNR1.SGM 27JNR1 30038 Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Rules and Regulations 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. nshattuck on DSK9F9SC42PROD with RULES 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). VerDate Sep<11>2014 14:30 Jun 26, 2018 Jkt 244001 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. PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 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. E:\FR\FM\27JNR1.SGM 27JNR1 Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Rules and Regulations § 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: nshattuck on DSK9F9SC42PROD with RULES ■ ■ ■ ■ ■ § 117.1059 Snohomish River, Steamboat Slough, and Ebey Slough. * * * * * (c) The draws of the twin, SR 529, highway bridges across the Snohomish VerDate Sep<11>2014 14:30 Jun 26, 2018 Jkt 244001 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. PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 30039 To view documents mentioned in this preamble as being available in the docket, go to http:// 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]


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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 http://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