Drawbridge Operation Regulation; Mill Basin, Brooklyn, NY, 8418-8420 [2019-04260]
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8418
Federal Register / Vol. 84, No. 46 / Friday, March 8, 2019 / Rules and Regulations
sentences are too long, the sections
where you feel lists or tables would be
useful, etc.
application of the new penalty levels,
contrary to Congress’s intent.
M. Administrative Procedure Act (APA)
Administrative practice and
procedure, Civil penalties, Coal,
Geothermal, Inflation, Mineral
resources, Natural gas, Notices of noncompliance, Oil.
The Act requires agencies to publish
annual inflation adjustments by no later
than January 15 of each year,
notwithstanding section 553 of the
Administrative Procedure Act (APA) (5
U.S.C. 553). OMB has interpreted this
direction to mean that the usual APA
public procedure for rulemaking—
which includes public notice of a
proposed rule, an opportunity for public
comment, and a delay in the effective
date of a final rule—is not required
when agencies issue regulations to
implement the annual adjustments to
civil penalties that the Act requires.
Accordingly, we are issuing the 2019
annual adjustments as a final rule
without prior notice or an opportunity
for comment and with an effective date
immediately upon publication in the
Federal Register.
Section 553(b) of the Administrative
Procedure Act (APA) provides that,
when an agency for good cause finds
that ‘‘notice and public procedure . . .
are impracticable, unnecessary, or
contrary to the public interest,’’ the
agency may issue a rule without
providing notice and an opportunity for
prior public comment. Under section
553(b), ONRR finds that there is good
cause to promulgate this rule without
first providing for public comment.
ONRR is promulgating this final rule to
implement the statutory directive in the
Act, which requires agencies to publish
a final rule and to update the civil
penalty amounts by applying a specified
formula. We have no discretion to vary
the amount of the adjustment to reflect
any views or suggestions provided by
commenters. Accordingly, it would
serve no purpose to provide an
opportunity for public comment on this
rule prior to promulgation. Thus,
providing for notice and public
comment is unnecessary.
Furthermore, ONRR finds under
section 553(d)(3) of the APA that good
cause exists to make this direct final
rule effective immediately upon
publication in the Federal Register. In
the Act, Congress expressly required
Federal agencies to publish annual
inflation adjustments to civil penalties
in the Federal Register no later than
January 15 of every year,
notwithstanding section 553 of the APA.
Under the statutory framework and
OMB guidance, the new penalty levels
are to take effect immediately upon
publication. Moreover, an effective date
after January 15 would delay
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18:14 Mar 07, 2019
Jkt 247001
List of Subjects in 30 CFR Part 1241
Gregory J. Gould,
Director for Office of Natural Resources
Revenue.
Authority and Issuance
For the reasons discussed in the
preamble, ONRR amends 30 CFR part
1241 as set forth below:
PART 1241—PENALTIES
1. The authority citation for part 1241
continues to read as follows:
■
Authority: 25 U.S.C. 396 et seq., 396a et
seq., 2101 et seq.; 30 U.S.C. 181 et seq., 351
et seq., 1001 et seq., 1701 et seq.; 43 U.S.C.
1301 et seq., 1331 et seq., 1801 et seq.
§ 1241.52
[Amended]
2. Amend § 1241.52 in paragraph
(a)(2), by removing ‘‘$1,220’’ and adding
in its place ‘‘$1,251’’ and in paragraph
(b) introductory text, by removing
‘‘$12,211’’ and adding in its place
‘‘$12,519’’.
■
§ 1241.60
[Amended]
3. Amend § 1241.60 in paragraph
(b)(1) introductory text, by removing
‘‘$24,421’’ and adding in its place
‘‘$25,037’’ and in paragraph (b)(2), by
removing ‘‘$61,055’’ and adding in its
place ‘‘$62,595’’
■
[FR Doc. 2019–04239 Filed 3–7–19; 8:45 am]
BILLING CODE 4335–30–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2018–1032]
RIN 1625–AA09
Drawbridge Operation Regulation; Mill
Basin, Brooklyn, NY
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is removing
the existing drawbridge operation
regulation for the New York City
Highway Bridge across Mill Basin, mile
0.8, at Brooklyn, New York. The
drawbridge was replaced with a fixed
bridge in December 2017 and the
SUMMARY:
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Fmt 4700
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operating regulation is no longer
applicable or necessary.
DATES: This rule is effective March 8,
2019.
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
1032. 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 Ms. Stephanie Lopez, Bridge
Management Specialist, First Coast
Guard District Bridge Program,
telephone 212–514–4335, email
Stephanie.E.Lopez@USCG.MIL.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
Pub. L. Public Law
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this final
rule wthout 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 issuse 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), the Coast Guard finds that good
cause exists for not publishing a notice
of proposed rulemaking (NPRM) with
respect to this rule because the New
York City Highway Bridge, that once
required draw operations in 33 CFR
117.795(b), was replaced with a fixed
bridge in December 2017. It is
unnecessary to publish a NPRM because
this regulatory action does not purport
to place any restrictions on mariners but
rather removes a restriction that has no
further use or value.
We are issuing this rule 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
bridge has been a fixed bridge for 12
months and this rule merely requires an
administrative change to the Federal
Register, in order to omit a regulatory
requirement that is no longer applicable
or necessary. The modification has
already taken place and the removal of
E:\FR\FM\08MRR1.SGM
08MRR1
Federal Register / Vol. 84, No. 46 / Friday, March 8, 2019 / Rules and Regulations
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 New York City Higwahy Bridge
across Mill Basin, mile 0.8 was removed
and replaced with a fixed bridge in
December 2017. It has come to the
attention of the Coast Guard that the
governing regulation for this drawbridge
was never removed subsequent to the
completion of the fixed bridge that
replaced it. The elimination of this
drawbridge necessitates the removal of
the drawbridge operation regulation, 33
CFR 117.795(b), that pertains to the
former drawbridge.
The purpose of this rule is to remove
the section 33 CFR 117.795(b), that
refers to the New York City Highway
Bridge at mile 0.8, from the Code of
Federal Regulations since it governs a
bridge that is no longer able to be
opened.
IV. Discussion of Final Rule
The Coast Guard is changing the
regulation in 33 CFR 117.795(b) by
removing restrictions and the regulatory
burden related to the draw operations
for this bridge that is no longer a
drawbridge. The change removes the
section 33 CFR 117.795(b) of the
regulation governing the New York City
Highway Bridge since the bridge has
been replaced with a fixed bridge. This
Final Rule seeks to update the Code of
Federal Regulations by removing
language that governs the operation of
the New York City Highway Bridge,
which in fact is no longer a drawbridge.
This change does not affect nor does it
alter the operating schedules in 33 CFR
117.795 that govern the remaining
active drawbridges on Jamaica Bay and
connecting waterways.
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, 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
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18:14 Mar 07, 2019
Jkt 247001
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 fact that the bridge was
replaced by a fixed bridge and no longer
operates as a drawbridge. The removal
of the operating schedule from 33 CFR
part 117 subpart B will have no effect
on the movement of waterway or land
traffic.
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.
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8419
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 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.
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Federal Register / Vol. 84, No. 46 / Friday, March 8, 2019 / Rules and Regulations
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
on portions of Oregon Inlet near active
demolition work and demolition
equipment. Entry of vessels or persons
into this safety zone is prohibited unless
specifically authorized by the Captain of
the Port (COTP) North Carolina or
designated representative.
DATES: This rule is effective without
actual notice from March 8, 2019,
through March 30, 2020. For the
purposes of enforcement, actual notice
will be used from March 4, 2019,
through March 8, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
1065 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, contact
Petty Officer Matthew Tyson,
Waterways Management Division, U.S.
Coast Guard Sector North Carolina,
Wilmington, NC; telephone: (910) 772–
2221, email: Matthew.I.Tyson@uscg.mil.
SUPPLEMENTARY INFORMATION:
§ 117.795
I. Table of Abbreviations
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
1. The authority citation for part 117
continues to read as follows:
■
[Amended]
2. In § 117.795, remove paragraph (b)
and re-designate paragraph (c) as
paragraph (b).
■
Dated: Feburary 14, 2019.
A.J. Tiongson,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2019–04260 Filed 3–7–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–1065]
RIN 1625–AA00
Safety Zone; Oregon Inlet, Dare
County, NC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the navigable waters of Oregon Inlet in
Dare County, North Carolina in support
of demolition of the old Herbert C.
Bonner Bridge. This temporary safety
zone is intended to protect mariners,
vessels, and demolition crews from the
hazards associated with demolishing the
old bridge, and will restrict vessel traffic
SUMMARY:
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18:14 Mar 07, 2019
Jkt 247001
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NCDOT North Carolina Department of
Transportation
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On November 26, 2018, the North
Carolina Department of Transportation
(NCDOT) provided the Coast Guard
with details concerning the demolition
of the old Herbert C. Bonner Bridge.
Demolition will not follow a set
schedule due to sea conditions,
equipment needs, and vessel navigation
considerations. In addition, demolition
will take place in two locations at once
due to equipment types and demolition
methods. NCDOT has determined that a
moving safety zone is needed in Oregon
Inlet within 100 yards of active
demolition work and demolition
equipment. In response, on December
18, 2018, the Coast Guard published a
notice of proposed rulemaking (NPRM)
titled Safety Zone; Oregon Inlet, Dare
County, NC (83 FR 64771). There, we
stated why we issued the NPRM, and
invited comments on our proposed
regulatory action related to the
demolition of the old Herbert C. Bonner
Bridge. During the comment period that
ended January 17, 2019, we received no
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comments. However, during the
comment period, NCDOT requested a
new effective period from the beginning
of March through March 30, 2020,
instead of between February 1, 2019,
and February 29, 2020, as proposed in
the NPRM.
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 of
this rule would be impracticable and
contrary to the public interest because
immediate action is needed protect
persons, vessels, and the marine
environment on the navigable waters of
Oregon Inlet during the demolition of
the old Herbert C. Bonner Bridge in Dare
County, NC.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
COTP North Carolina has determined
that potential safety hazards associated
with the demolition of the old Herbert
C. Bonner Bridge would be a concern for
anyone transiting Oregon Inlet. The
purpose of this rule is to protect
persons, vessels, and the marine
environment in Oregon Inlet during the
demolition of the old Herbert C. Bonner
Bridge.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published
December 18, 2018. There is a minor
change in the regulatory text of this rule
from the proposed rule, shifting the
demolition period start and end dates
back by one month. The demolition will
occur from the beginning of March
through March 30, 2020, instead of
between February 1, 2019, and February
29, 2020.
This rule establishes a moving safety
zone to be enforced during active
demolition work from March 4, 2019,
through March 30, 2020. Demolition
will not follow a set schedule due to
changing sea conditions, equipment
needs, and vessel navigation
considerations. In addition, demolition
will take place in two locations at once
due to equipment types and demolition
methods, the exact times of activation
will be announced via Broadcast
Notices to Mariners at least 48 hours
prior to enforcement. The moving safety
zone will include all navigable waters
within 100 yards of active demolition
work and demolition equipment in
Oregon Inlet along the old Herbert C.
Bonner Bridge, which follows a line
beginning at approximate position
35°46′47″ N, 75°32′41″ W, then
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]]>Agencies
[Federal Register Volume 84, Number 46 (Friday, March 8, 2019)]
[Rules and Regulations]
[Pages 8418-8420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04260]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2018-1032]
RIN 1625-AA09
Drawbridge Operation Regulation; Mill Basin, Brooklyn, NY
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is removing the existing drawbridge operation
regulation for the New York City Highway Bridge across Mill Basin, mile
0.8, at Brooklyn, New York. The drawbridge was replaced with a fixed
bridge in December 2017 and the operating regulation is no longer
applicable or necessary.
DATES: This rule is effective March 8, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-1032. 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 Ms. Stephanie Lopez, Bridge Management Specialist, First
Coast Guard District Bridge Program, telephone 212-514-4335, email
Stephanie.E.Lopez@USCG.MIL.
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 wthout 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 issuse 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), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the New York City Highway Bridge,
that once required draw operations in 33 CFR 117.795(b), was replaced
with a fixed bridge in December 2017. It is unnecessary to publish a
NPRM because this regulatory action does not purport to place any
restrictions on mariners but rather removes a restriction that has no
further use or value.
We are issuing this rule 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 bridge has
been a fixed bridge for 12 months and this rule merely requires an
administrative change to the Federal Register, in order to omit a
regulatory requirement that is no longer applicable or necessary. The
modification has already taken place and the removal of
[[Page 8419]]
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 New York City Higwahy Bridge across Mill Basin, mile 0.8 was
removed and replaced with a fixed bridge in December 2017. It has come
to the attention of the Coast Guard that the governing regulation for
this drawbridge was never removed subsequent to the completion of the
fixed bridge that replaced it. The elimination of this drawbridge
necessitates the removal of the drawbridge operation regulation, 33 CFR
117.795(b), that pertains to the former drawbridge.
The purpose of this rule is to remove the section 33 CFR
117.795(b), that refers to the New York City Highway Bridge at mile
0.8, from the Code of Federal Regulations since it governs a bridge
that is no longer able to be opened.
IV. Discussion of Final Rule
The Coast Guard is changing the regulation in 33 CFR 117.795(b) by
removing restrictions and the regulatory burden related to the draw
operations for this bridge that is no longer a drawbridge. The change
removes the section 33 CFR 117.795(b) of the regulation governing the
New York City Highway Bridge since the bridge has been replaced with a
fixed bridge. This Final Rule seeks to update the Code of Federal
Regulations by removing language that governs the operation of the New
York City Highway Bridge, which in fact is no longer a drawbridge. This
change does not affect nor does it alter the operating schedules in 33
CFR 117.795 that govern the remaining active drawbridges on Jamaica Bay
and connecting waterways.
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, 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 fact that the
bridge was replaced by a fixed bridge and no longer operates as a
drawbridge. The removal of the operating schedule from 33 CFR part 117
subpart B will have no effect on the movement of waterway or land
traffic.
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 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.
[[Page 8420]]
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; Department of Homeland
Security Delegation No. 0170.1.
Sec. 117.795 [Amended]
0
2. In Sec. 117.795, remove paragraph (b) and re-designate paragraph
(c) as paragraph (b).
Dated: Feburary 14, 2019.
A.J. Tiongson,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2019-04260 Filed 3-7-19; 8:45 am]
BILLING CODE 9110-04-P
