Drawbridge Operation Regulation; Hudson River, Albany and Rensselaer, NY, 66621-66623 [2018-28122]
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Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Rules and Regulations
Treasury is also exempting MSSB
from the recordkeeping requirements of
the rule with respect to any QFC entered
into by MSSB with a clearing
organization for the purpose of
facilitating the clearance or settlement
of any QFC subject to the exemption
discussed above. As used in the
exemption, the term ‘‘clearing
organization’’ includes, among other
things, clearing agencies registered with
the SEC and derivatives clearing
organizations registered with the
CFTC.18 The records required by the
rule regarding such clearing
organization QFCs should not be needed
by the FDIC to address the clearance or
settlement of MSSB’s exempted
customer QFCs.
Further, given the limited nature of
MSSB’s business and the limited types
of QFCs entered into by MSSB with its
clients, Treasury is exempting MSSB
from the recordkeeping requirements of
the rule with respect to any QFC
between MSSB and an affiliate of MSSB
if (i) the affiliate is required to maintain
the records described in section 148.4 of
the rule and (ii) the QFC is entered into
by MSSB in order to enable MSSB to
fulfill its obligations under QFCs with
its customers or to hedge risk arising
from QFCs with its customers. Such
QFCs could include, for example, a
securities lending agreement MSSB may
enter into with an affiliate in order to
obtain securities to lend to MSSB’s
customers or a QFC MSSB may enter
into with an affiliate to hedge risk
arising from QFCs MSSB engages in
with its customers. Treasury is limiting
the scope of this exemption to QFCs
with affiliates of MSSB that are
themselves records entities because if
the FDIC is appointed as receiver of
MSSB, the FDIC would, by reference to
records of the inter-affiliate QFCs
maintained by such affiliated records
entities, be able to decide whether or
not to transfer such QFCs to a bridge
financial company. Treasury has
determined not to provide an exemption
with respect to such QFCs with affiliates
of MSSB that are not records entities
because the size of such QFCs and the
risks they impose could be such that the
FDIC would need the records required
by the rule to make a transfer
determination.
khammond on DSK30JT082PROD with RULES
Conditions of the Exemption
The exemption granted below is based
on the factual representations made by
Morgan Stanley on behalf of MSSB to
18 The exemption cross-references the definition
from section 402 of the Federal Deposit Insurance
Corporation Improvement Act of 1991, 12 U.S.C.
4402.
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16:19 Dec 26, 2018
Jkt 247001
Treasury, the FDIC, the SEC, and the
CFTC in its submissions, including the
factual representations regarding
MSSB’s registration as a broker-dealer,
investment advisor, and introducing
broker, the limitations on its business
lines, the limitations on the types of
clients it serves and the types of
products and services it offers its
clients, the frequency, size, and dollar
amounts of QFCs with clients, the lack
of complexity of the QFCs it has with
clients, and the number of client
accounts it maintains.
Treasury reserves the right to rescind
or modify the exemption at any time.
Further, Treasury intends to reassess the
exemption in five years. At that time,
Treasury, in consultation with the FDIC
and the primary financial regulatory
agencies, would evaluate any material
changes in the nature of MSSB’s
business as well as any relevant changes
to market structure or applicable law or
other relevant factors that might affect
the reasons for granting the exemptions.
Treasury may request an updated
submission from MSSB as to its
business at that time. Treasury expects
that it would provide notice to MSSB
prior to any modification or rescission
of the exemption and that, in the event
of a rescission or modification, Treasury
would grant MSSB a limited period of
time in which to come into compliance
with the applicable recordkeeping
requirements of the rule.
Terms and Conditions of the Exemption
MSSB is hereby granted an exemption
from the requirements of 31 CFR 148.3
and 148.4 for (i) any QFC entered into
by MSSB with or on behalf of any
customer of MSSB that is booked and
carried in accounts at MSSB maintained
for the benefit of such customer; (ii) any
QFC entered into by MSSB with a
clearing organization in order to
facilitate the clearance or settlement of
any QFC referenced in clause (i); and
(iii) any QFC entered into by MSSB with
an affiliate of MSSB in order to enable
MSSB to fulfill its obligations under
QFCs referenced in clause (i) or to hedge
risk arising from QFCs referenced in
clause (i), provided that such affiliate is
a records entity required to maintain the
records specified in 31 CFR 148.4. For
purposes of the exemption, ‘‘customer’’
means a person who is a customer as
defined in 15 U.S.C. 78lll(2) with
respect to any transactions or accounts
it has with MSSB, and ‘‘clearing
organization’’ has the meaning provided
in 12 U.S.C. 4402.
The exemption is subject to
modification or revocation at any time
the Secretary determines that such
action is necessary or appropriate in
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66621
order to assist the FDIC as receiver for
a covered financial company in being
able to exercise its rights and fulfill its
obligations under sections 210(c)(8), (9),
or (10) of the Act. The exemption
extends only to MSSB and to no other
entities.
Dated: December 17, 2018.
Peter Phelan,
Deputy Assistant Secretary for Capital
Markets.
[FR Doc. 2018–28074 Filed 12–26–18; 8:45 am]
BILLING CODE 4810–25–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.
Final rule.
AGENCY:
ACTION:
The Coast Guard is modifying
the operating schedule that governs the
CSX Transportation Bridge
(alternatively referred to as the
‘‘Livingston Ave 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 final 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: This rule is effective January 28,
2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov. Type USCG–
2017–0926 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 Miss Stephanie E. Lopez, Bridge
Management Specialist, First Coast
Guard District, telephone (212) 514–
4335, email Stephanie.E.Lopez@
uscg.mil.
SUMMARY:
SUPPLEMENTARY INFORMATION:
E:\FR\FM\27DER1.SGM
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66622
Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Rules and Regulations
I. Table of Abbreviations
V. Discussion of Final Rule
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
(Advance, Supplemental)
§ Section
U.S.C. United States Code
The rule provides that from April 1
through December 15; between the
hours of 7:00 a.m. and 11:00 p.m., the
draw shall open on signal, and between
the hours of 11:00 p.m. and 7:00 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.
II. Background Information and
Regulatory History
On August 10, 2018, the Coast Guard
published a notice of proposed
rulemaking entitled ‘‘Proposed Rule
Drawbridge Operations: Hudson River,
Albany and Rensselaer, New York’’ in
the Federal Register (83 FR 39636). No
comments were received on this rule.
III. Legal Authority and Need for Rule
khammond on DSK30JT082PROD with RULES
The Coast Guard is issuing this rule
under authority 33 U.S.C. 499.
The CSX Transportation Bridge
(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 existing drawbridge regulation is
33 CFR 117.791(c). The existing
regulation requires the draw of the
Livingston Avenue 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, 11 p.m. and 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
needs of navigation.
Review of the bridge logs in the last
three years between 11 p.m. and 7 a.m.
from April 1 to December 15 shows that
the bridge averages 24 openings during
this period per year. The waterway
users include recreational and
commercial vessels including tugboat/
barge combinations as well as tour/
dinner boats.
IV. Discussion of Comments, Changes
and the Final Rule
The Coast Guard provided 60 days for
comment and no comments were
received. There are no changes in the
regulatory text of this rule from the
proposed rule in the NPRM.
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16:19 Dec 26, 2018
Jkt 247001
VI. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive Orders, and we discuss First
Amendment rights of protesters.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, it has not
been reviewed by the Office of
Management and Budget (OMB) and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the ability that vessels can
still open the draw and transit the
bridge given advanced notice. We
believe that this 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 rule will 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
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Frm 00066
Fmt 4700
Sfmt 4700
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 VI.A above, this rule
will 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
E:\FR\FM\27DER1.SGM
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Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Rules and Regulations
responsibilities between the Federal
Government and Indian tribes.
■
2. Revise § 117.791(c) to read as
follows:
E. Unfunded Mandates Reform Act
§ 117.791
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
*
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.
Dated: December 3, 2018.
A.J. Tiongson,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2018–28122 Filed 12–26–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–1093]
RIN 1625–AA00
Safety Zone; Ohio River, Miles 73 to 74,
Wellsburg, WV
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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.
The Coast Guard is
establishing a temporary safety zone for
all navigable waters of the Ohio River,
extending the entire width of the river,
from mile marker (MM) 73 to MM 74.
This safety zone is necessary to protect
persons, property, and the marine
environment from potential hazards
associated with a fireworks display.
Entry of persons or vessels into this
zone is prohibited unless authorized by
the Captain of the Port Marine Safety
Unit Pittsburgh or a designated
representative.
List of Subjects in 33 CFR Part 117
DATES:
G. Protest Activities
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
khammond on DSK30JT082PROD with RULES
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 11:00 p.m.
to 7:00 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.
*
*
*
*
*
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
and Department of Homeland Security
Delegation No. 0170.1.
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16:19 Dec 26, 2018
Jkt 247001
SUMMARY:
This rule is effective from 11:30
p.m. on December 31, 2018 through
12:45 a.m. on January 01, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
1093 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 Petty Officer Charles Morris,
PO 00000
Frm 00067
Fmt 4700
Sfmt 4700
66623
Marine Safety Unit Pittsburgh, U.S.
Coast Guard; telephone 412–221–0807,
email Charles.F.Morris@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Marine Safety
Unit Pittsburgh
DHS Department of Homeland Security
FR Federal Register
MM Mile marker
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)(3)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. This safety zone must be
established by December 31, 2018 and
we lack sufficient time to provide a
reasonable comment period and then
consider those comments before issuing
this rule. The NPRM process would
delay the establishment of the safety
zone until after the date of the fireworks
display and compromise public safety.
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 this rule would be
contrary to the public interest because
immediate action is necessary to
respond to the potential safety hazards
associated with this 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 Marine Safety Unit
Pittsburgh (COTP) has determined that
potential hazards associated with this
fireworks display will be a safety hazard
for anyone within a half-mile stretch of
the Ohio River. The rule is needed to
protect persons, property, and the
marine environment in the navigable
waters within the safety zone before,
during, and after the fireworks display.
IV. Discussion of the Rule
This rule establishes a safety zone
from 11:30 p.m. December 31, 2018 to
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]]>Agencies
[Federal Register Volume 83, Number 247 (Thursday, December 27, 2018)]
[Rules and Regulations]
[Pages 66621-66623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28122]
=======================================================================
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is modifying the operating schedule that
governs the CSX Transportation Bridge (alternatively referred to as the
``Livingston Ave 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 final 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: This rule is effective January 28, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov. Type USCG-
2017-0926 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 Miss Stephanie E. Lopez, Bridge Management Specialist,
First Coast Guard District, telephone (212) 514-4335, email
Stephanie.E.Lopez@uscg.mil.
SUPPLEMENTARY INFORMATION:
[[Page 66622]]
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On August 10, 2018, the Coast Guard published a notice of proposed
rulemaking entitled ``Proposed Rule Drawbridge Operations: Hudson
River, Albany and Rensselaer, New York'' in the Federal Register (83 FR
39636). No comments were received on this rule.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The CSX Transportation Bridge (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 existing drawbridge regulation is 33 CFR 117.791(c). The
existing regulation requires the draw of the Livingston Avenue 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, 11 p.m. and 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 needs of navigation.
Review of the bridge logs in the last three years between 11 p.m.
and 7 a.m. from April 1 to December 15 shows that the bridge averages
24 openings during this period per year. The waterway users include
recreational and commercial vessels including tugboat/barge
combinations as well as tour/dinner boats.
IV. Discussion of Comments, Changes and the Final Rule
The Coast Guard provided 60 days for comment and no comments were
received. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
V. Discussion of Final Rule
The rule provides that from April 1 through December 15; between
the hours of 7:00 a.m. and 11:00 p.m., the draw shall open on signal,
and between the hours of 11:00 p.m. and 7:00 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.
VI. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders, and we
discuss First Amendment rights of protesters.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, it has not been reviewed by the Office of
Management and Budget (OMB) and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the ability that
vessels can still open the draw and transit the bridge given advanced
notice. We believe that this 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 rule
will 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 VI.A
above, this rule will 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
[[Page 66623]]
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 an 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.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the For Further
Information Contact section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; and Department of
Homeland Security Delegation No. 0170.1.
0
2. Revise Sec. 117.791(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 11:00 p.m. to 7:00 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: December 3, 2018.
A.J. Tiongson,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2018-28122 Filed 12-26-18; 8:45 am]
BILLING CODE 9110-04-P
