Drawbridge Operation Regulation; Hudson River, Albany and Rensselaer, NY, 39636-39638 [2018-17208]
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Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Proposed Rules
(ALS) Part 2—Damage Tolerant
Airworthiness Limitation Items (DT–ALI),
Revision 02, Issue 2, dated November 22,
2017, or within 90 days after the effective
date of this AD, whichever occurs later.
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
Airbus SAS: Docket No. FAA–2018–0639;
Product Identifier 2018–NM–058–AD.
(a) Comments Due Date
We must receive comments by September
24, 2018.
(b) Affected ADs
This AD affects AD 2017–19–13,
Amendment 39–19043 (82 FR 43837,
September 20, 2017) (‘‘AD 2017–19–13’’).
(c) Applicability
This AD applies to the Airbus SAS
airplanes specified in paragraphs (c)(1),
(c)(2), and (c)(3) of this AD, certificated in
any category, with an original certificate of
airworthiness or original export certificate of
airworthiness issued on or before November
22, 2017.
(1) Model A330–223F and –243F airplanes.
(2) Model A330–201, –202, –203, –223, and
–243 airplanes.
(3) Model A330–301, –302, –303, –321,
–322, –323, –341, –342, and –343 airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 05, Time Limits/Maintenance
Checks.
(e) Reason
This AD was prompted by a revision of a
certain airworthiness limitations item (ALI)
document, which specifies new or more
restrictive maintenance instructions and
airworthiness limitations, and a
determination that those maintenance
instructions and airworthiness limitations are
necessary. We are issuing this AD to address
fatigue cracking, damage, and corrosion in
principal structural elements; such fatigue
cracking, damage, and corrosion could result
in reduced structural integrity of the
airplane.
daltland on DSKBBV9HB2PROD with PROPOSALS
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Maintenance or Inspection Program
Revision
Within 90 days after the effective date of
this AD, revise the maintenance or inspection
program, as applicable, to incorporate the
information specified in Airbus A330
Airworthiness Limitations Section (ALS) Part
2—Damage Tolerant Airworthiness
Limitation Items (DT–ALI), Revision 02,
Issue 2, dated November 22, 2017. The initial
compliance time for accomplishing the tasks
is at the applicable times specified in Airbus
A330 Airworthiness Limitations Section
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(h) No Alternative Actions or Intervals
After the maintenance or inspection
program has been revised as required by
paragraph (g) of this AD, no alternative
actions (e.g., inspections) or intervals may be
used unless the actions or intervals are
approved as an alternative method of
compliance (AMOC) in accordance with the
procedures specified in paragraph (j)(1) of
this AD.
(i) Terminating Action
Accomplishing the action required by
paragraph (g) of this AD terminates all
requirements of AD 2017–19–13.
(j) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Section, Transport Standards Branch, FAA,
has the authority to approve AMOCs for this
AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal
inspector or local Flight Standards District
Office, as appropriate. If sending information
directly to the International Section, send it
to the attention of the person identified in
paragraph (k)(2) of this AD. Information may
be emailed to: 9-ANM-116-AMOCREQUESTS@faa.gov.
(i) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(ii) AMOC letter AIR–676–18–111 R1,
dated January 29, 2018, approved previously
for AD 2017–19–13, is approved as an AMOC
for the corresponding provisions of this AD.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain corrective
actions from a manufacturer, the action must
be accomplished using a method approved
by the Manager, International Section,
Transport Standards Branch, FAA; or the
European Aviation Safety Agency (EASA); or
Airbus SAS’s EASA Design Organization
Approval (DOA). If approved by the DOA,
the approval must include the DOAauthorized signature.
(k) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) EASA
Airworthiness Directive 2018–0068, dated
March 26, 2018, for related information. This
MCAI may be found in the AD docket on the
internet at https://www.regulations.gov by
searching for and locating Docket No. FAA–
2018–0639.
(2) For more information about this AD,
contact Vladimir Ulyanov, Aerospace
Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th
St., Des Moines, WA 98198; telephone and
fax 206–231–3229.
(3) For service information identified in
this AD, contact Airbus SAS, Airworthiness
PO 00000
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Office—EAL, Rond-Point Emile Dewoitine
No: 2, 31700 Blagnac Cedex, France;
telephone +33 5 61 93 36 96; fax +33 5 61
93 45 80; email airworthiness.A330–A340@
airbus.com; internet https://www.airbus.com.
You may view this service information at the
FAA, Transport Standards Branch, 2200
South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
Issued in Des Moines, Washington, on July
23, 2018.
James Cashdollar,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2018–16501 Filed 8–9–18; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2017–0926]
RIN 1625–AA09
Drawbridge Operation Regulation;
Hudson River, Albany and Rensselaer,
NY
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
modify the operating schedule that
governs the CSX Transportation Bridge
across the Hudson River, mile 146.2,
between Albany and Rensselaer, New
York. The bridge owner, National
Railroad Passenger Corporation
(Amtrak), submitted a request to allow
the bridge to require four hours’ notice
for bridge openings. This proposed rule
would extend the notice required for
bridge opening during the summer
months due to the infrequent number of
requests, and reduce burden on the
bridge tender.
DATES: Comments and related material
must reach the Coast Guard on or before
October 9, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2017–0926 using Federal e-Rulemaking
Portal at https://www.regulations.gov.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or email Miss Stephanie E.
Lopez, Bridge Management Specialist,
First Coast Guard District, telephone
(212) 514–4335, email
Stephanie.E.Lopez@uscg.mil.
SUMMARY:
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Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Proposed Rules
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed
rulemaking
Pub. L. Public Law
§ Section
U.S.C. United States Code
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II. Background, Purpose and Legal
Basis
The CSX Transportation (Livingston
Ave) Bridge at mile 146.2, across the
Hudson River, between Albany and
Rensselaer, New York, has a vertical
clearance of 25 feet at mean high water
and 32 feet at mean low water. Vertical
clearance is unlimited when the draw is
open. Horizontal clearance is
approximately 98 feet. The waterway
users include recreational and
commercial vessels including tugboat/
barge combinations as well as tour/
dinner boats.
The existing drawbridge operating
regulation, 33 CFR 117.791(c), requires
the draw of CSX Transportation Bridge
to open on signal; except that, from
December 16 through March 31, the
draw shall open on signal if at least 24
hours’ notice is given.
The owner of the bridge, National
Railroad Passenger Corporation,
requested a change to the drawbridge
operating regulations to allow the bridge
owner to require 4 hours’ notice before
the draw opens on signal between April
1 and December 15, from 11 p.m. to 7
a.m., due to infrequent requests to open
the bridge. This rule change will allow
for more efficient and economical
operation of the bridge while still
meeting the reasonable needs of
navigation.
III. Discussion of Proposed Rule
Review of the bridge logs in the last
three years shows that the bridge
averages a total of 24 openings annually
during the period from April 1 to
December 15, between 11 p.m. and 7
a.m. A preliminary notice sent
September 8, 2017, to various
stakeholders and agencies indicated no
objection to the proposed rule change
from mariners or other stakeholders.
The Coast Guard proposes to
permanently change the drawbridge
operating regulation 33 CFR 117.791(c).
The proposed rule would provide
that, from April 1 through December 15,
between the hours 7 a.m. and 11 p.m.,
the draw shall open on signal, and
between the hours of 11 p.m. and 7 a.m.,
VerDate Sep<11>2014
16:24 Aug 09, 2018
Jkt 244001
the draw shall open on signal if at least
4 hours notice is given. It is our opinion
that this rule meets the reasonable needs
of marine and rail traffic.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on these statutes and Executive
Orders and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the Office of
Management and Budget (OMB) has not
reviewed the NPRM and pursuant to
OMB guidance, it is exempt from the
requirements of Executive Order 13771.
This regulatory action determination
is based on the ability that vessels can
still open the draw and transit the
bridge given advanced notice. We
believe that this proposed change to the
drawbridge operation regulations at 33
CFR 117.791(c) will meet the reasonable
needs of navigation.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of small entities.
The bridge provides 25 feet of vertical
clearance at mean high water that
should accommodate all the present
vessel traffic except deep draft vessels.
The bridge will continue to open on
signal for any vessel provided at least 4
hour advance notice is given. While
some owners or operators of vessels
intending to transit the bridge may be
small entities, for the reasons stated in
section IV.A above, this proposed rule
would not have a significant economic
impact on any vessel owner or operator.
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39637
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
C. Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Government
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this proposed rule under that
Order and have determined that it is
consistent with the fundamental
federalism principles and preemption
requirements described in Executive
Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
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Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Proposed Rules
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule will not result in such an
expenditure, we do discuss the effects of
this proposed rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guides the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions which do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule simply promulgates the operating
regulations or procedures for
drawbridges. Normally, such actions are
categorically excluded from further
review, under figure 2–1, paragraph
(32)(e), of the instruction.
A preliminary Record of
Environmental Consideration and a
Memorandum for the Record are not
required for this proposed rule. We seek
any comments or information that may
lead to the discovery of a significant
environmental impact from this
proposed rule.
daltland on DSKBBV9HB2PROD with PROPOSALS
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal eRulemaking Portal at https://
VerDate Sep<11>2014
16:24 Aug 09, 2018
Jkt 244001
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacynotice.
Documents mentioned in this NPRM
as being available in this docket and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
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. In § 117.791, revise paragraph (c) to
read as follows:
■
§ 117.791
Hudson River.
*
*
*
*
*
(c) The draw of the CSX
Transportation Bridge, mile 146.2,
between Albany and Rensselaer, shall
open on signal; except that, from April
1 through December 15, from 11 p.m. to
7 a.m., the draw shall open on signal if
at least 4 hours notice is given and, from
December 16 through March 31, the
draw shall open on signal if at least 24
hours notice is given.
*
*
*
*
*
Dated: July 26, 2018.
A.J. Tiongson,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2018–17208 Filed 8–9–18; 8:45 am]
BILLING CODE 9110–04–P
PO 00000
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 70
[EPA–R04–OAR–2018–0296; FRL–9982–
02—Region 4]
Air Plan and Operating Permit Program
Approval: AL, GA and SC; Revisions to
Public Notice Provisions in Permitting
Programs
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
portions of State Implementation Plan
(SIP) revisions and the Title V Operating
Permit Program revisions submitted on
May 19, 2017, by the State of Alabama,
through the Alabama Department of
Environmental Management (ADEM);
submitted on November 29, 2017, by the
State of Georgia, through the Georgia
Environmental Protection Division
(Georgia EPD); and submitted on
September 5, 2017, by the State of South
Carolina, through the South Carolina
Department of Health and
Environmental Control (SC DHEC).
These revisions address the public
notice rule provisions for the New
Source Review (NSR) and Title V
Operating Permit programs (Title V) of
the Clean Air Act (CAA or Act) that
remove the mandatory requirement to
provide public notice of a draft air
permit in a newspaper and that allow
electronic notice (‘‘e-notice’’) as an
alternate noticing option. EPA is
proposing to approve these revisions
pursuant to the CAA and implementing
federal regulations.
DATES: Written comments must be
received on or before September 10,
2018.
SUMMARY:
Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2018–0296 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
ADDRESSES:
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]]>Agencies
[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Proposed Rules]
[Pages 39636-39638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17208]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2017-0926]
RIN 1625-AA09
Drawbridge Operation Regulation; Hudson River, Albany and
Rensselaer, NY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to modify the operating schedule that
governs the CSX Transportation Bridge across the Hudson River, mile
146.2, between Albany and Rensselaer, New York. The bridge owner,
National Railroad Passenger Corporation (Amtrak), submitted a request
to allow the bridge to require four hours' notice for bridge openings.
This proposed rule would extend the notice required for bridge opening
during the summer months due to the infrequent number of requests, and
reduce burden on the bridge tender.
DATES: Comments and related material must reach the Coast Guard on or
before October 9, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2017-0926 using Federal e-Rulemaking Portal at https://www.regulations.gov.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Miss Stephanie E. Lopez, Bridge Management
Specialist, First Coast Guard District, telephone (212) 514-4335, email
[email protected].
[[Page 39637]]
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background, Purpose and Legal Basis
The CSX Transportation (Livingston Ave) Bridge at mile 146.2,
across the Hudson River, between Albany and Rensselaer, New York, has a
vertical clearance of 25 feet at mean high water and 32 feet at mean
low water. Vertical clearance is unlimited when the draw is open.
Horizontal clearance is approximately 98 feet. The waterway users
include recreational and commercial vessels including tugboat/barge
combinations as well as tour/dinner boats.
The existing drawbridge operating regulation, 33 CFR 117.791(c),
requires the draw of CSX Transportation Bridge to open on signal;
except that, from December 16 through March 31, the draw shall open on
signal if at least 24 hours' notice is given.
The owner of the bridge, National Railroad Passenger Corporation,
requested a change to the drawbridge operating regulations to allow the
bridge owner to require 4 hours' notice before the draw opens on signal
between April 1 and December 15, from 11 p.m. to 7 a.m., due to
infrequent requests to open the bridge. This rule change will allow for
more efficient and economical operation of the bridge while still
meeting the reasonable needs of navigation.
III. Discussion of Proposed Rule
Review of the bridge logs in the last three years shows that the
bridge averages a total of 24 openings annually during the period from
April 1 to December 15, between 11 p.m. and 7 a.m. A preliminary notice
sent September 8, 2017, to various stakeholders and agencies indicated
no objection to the proposed rule change from mariners or other
stakeholders. The Coast Guard proposes to permanently change the
drawbridge operating regulation 33 CFR 117.791(c).
The proposed rule would provide that, from April 1 through December
15, between the hours 7 a.m. and 11 p.m., the draw shall open on
signal, and between the hours of 11 p.m. and 7 a.m., the draw shall
open on signal if at least 4 hours notice is given. It is our opinion
that this rule meets the reasonable needs of marine and rail traffic.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on these statutes and Executive Orders and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the Office of Management and Budget (OMB) has not
reviewed the NPRM and pursuant to OMB guidance, it is exempt from the
requirements of Executive Order 13771.
This regulatory action determination is based on the ability that
vessels can still open the draw and transit the bridge given advanced
notice. We believe that this proposed change to the drawbridge
operation regulations at 33 CFR 117.791(c) will meet the reasonable
needs of navigation.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
The bridge provides 25 feet of vertical clearance at mean high
water that should accommodate all the present vessel traffic except
deep draft vessels. The bridge will continue to open on signal for any
vessel provided at least 4 hour advance notice is given. While some
owners or operators of vessels intending to transit the bridge may be
small entities, for the reasons stated in section IV.A above, this
proposed rule would not have a significant economic impact on any
vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Government
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of
[[Page 39638]]
their discretionary regulatory actions. In particular, the Act
addresses actions that may result in the expenditure by a State, local,
or tribal government, in the aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or more in any one year. Though
this proposed rule will not result in such an expenditure, we do
discuss the effects of this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. This proposed rule simply
promulgates the operating regulations or procedures for drawbridges.
Normally, such actions are categorically excluded from further review,
under figure 2-1, paragraph (32)(e), of the instruction.
A preliminary Record of Environmental Consideration and a
Memorandum for the Record are not required for this proposed rule. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal e-
Rulemaking Portal at https://www.regulations.gov. If your material
cannot be submitted using https://www.regulations.gov, contact the
person in the FOR FURTHER INFORMATION CONTACT section of this document
for alternate instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacynotice.
Documents mentioned in this NPRM as being available in this docket
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
0
2. In Sec. 117.791, revise paragraph (c) to read as follows:
Sec. 117.791 Hudson River.
* * * * *
(c) The draw of the CSX Transportation Bridge, mile 146.2, between
Albany and Rensselaer, shall open on signal; except that, from April 1
through December 15, from 11 p.m. to 7 a.m., the draw shall open on
signal if at least 4 hours notice is given and, from December 16
through March 31, the draw shall open on signal if at least 24 hours
notice is given.
* * * * *
Dated: July 26, 2018.
A.J. Tiongson,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2018-17208 Filed 8-9-18; 8:45 am]
BILLING CODE 9110-04-P
