Drawbridge Operation Regulation; Hackensack River, Little Ferry, NJ, 23488-23490 [2019-10683]

Download as PDF 23488 Federal Register / Vol. 84, No. 99 / Wednesday, May 22, 2019 / Rules and Regulations 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 rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and record keeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows: PART 100—SPECIAL LOCAL REGULATIONS/REGATTAS AND MARINE PARADES E. Unfunded Mandates Reform Act 1. The authority citation for part 100 continues to read as follows: ■ 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 Directive 023–01 and Commandant Instruction M16475.1D, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves establishing a temporary special local regulation on the Clinch River from mile 48.5 to mile 52.0 extending from bank to bank on May 24, 2019 through May 25, 2019. It is categorically excluded from further review under paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 01. A Record of Environmental Consideration is not required; however, a Memorandum for Record supporting this determination is available in the docket where indicated under ADDRESSES. jbell on DSK3GLQ082PROD with RULES 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. VerDate Sep<11>2014 15:56 May 21, 2019 Jkt 247001 Authority: 46 U.S.C. 70041; 33 CFR 1.05– 1. 2. Add temporary § 100.T08–0359 to read as follows: ■ § 100T08–0359 Special Local Regulation; Clinch River, Oak Ridge, TN. (a) Location. The Clinch River, from mile 48.5 to mile 52.0 extending from bank to bank. (b) Periods of enforcement. This temporary special local regulation will be enforced from 5:00 a.m. on May 24, 2019 through 5:00 p.m. on May 25, 2019. (c) Regulations. (1) In accordance with the general regulations in § 100.35 of this part, entry into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Ohio Valley (COTP) or designated personnel. Moreover, persons or vessels desiring to enter into or pass through the special local regulated area must request permission from the COTP Sector Ohio Valley or a designated representative. They may be contacted on VHF–FM radio channel 16 or phone at 1–800–253–7465. (2) Persons and vessels permitted to deviate from the special local regulated area requirements as well as enter the restricted area must transit at the slowest safe speed and comply with all lawful directions issued by the COTP Sector Ohio Valley or a designated representative. (d) Informational broadcasts. The COTP Sector Ohio Valley or a designated representative will inform the public through broadcast notices to mariners of the enforcement period for the special local regulation, as well as any changes in the dates and times of enforcement. Dated: May 15, 2019. M.B. Zamperini, Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley. [FR Doc. 2019–10663 Filed 5–21–19; 8:45 am] BILLING CODE 9110–04–P PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2019–0108] RIN 1625–AA09 Drawbridge Operation Regulation; Hackensack River, Little Ferry, NJ Coast Guard, DHS. Final rule. AGENCY: ACTION: The Coast Guard is removing the existing drawbridge operation regulation for the S46 (New Jersey Department of Transportation) Bridge across Hackensack River, mile 14.0, at Little Ferry, New Jersey. The drawbridge was replaced with a fixed bridge in 2018 and the operating regulation is no longer applicable or necessary. DATES: This rule is effective May 22, 2019. SUMMARY: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2019– 0108. 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. Judy Leung-Yee, Bridge Management Specialist, First Coast Guard District Bridge Program, telephone 212–514–4336, email Judy.K.Leung-Yee@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 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), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with E:\FR\FM\22MYR1.SGM 22MYR1 Federal Register / Vol. 84, No. 99 / Wednesday, May 22, 2019 / Rules and Regulations respect to this rule because S46, the New Jersey Department of Transportation Bridge, that once required draw operations in 33 CFR 117.723(h), was replaced with a fixed bridge on June 5, 2018. 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 10 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 to the S46 bridge has already taken place and the removal of the regulation will not affect mariners currently operating on this waterway. Therefore, a delayed effective date is unnecessary. jbell on DSK3GLQ082PROD with RULES III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority 33 U.S.C. 499. The S46 (New Jersey Department of Transportation) Bridge across the Hackensack River, mile 14.0, was converted to a fixed bridge on June 5, 2018. 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 117.723(h), that pertains to the former drawbridge. The purpose of this rule is to remove paragraph (h) of 33 CFR 117.723 that refers to the S46 Bridge at mile 14.0, 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 117.723 by removing restrictions and the regulatory burden related to the draw operations for this bridge that is no longer a drawbridge. The change removes paragraph (h) of the regulation governing the S46 Bridge since the bridge has been converted into a fixed bridge. This Final Rule seeks to update the Code of Federal Regulations by removing language that governs the operation of the S46 Bridge, which in fact is no longer a drawbridge. This change does not affect waterway or land traffic. This change does not affect nor VerDate Sep<11>2014 15:56 May 21, 2019 Jkt 247001 does it alter the operating schedules in 33 CFR 117.723 that govern the remaining active drawbridges on Hackensack River 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 converted into a fixed bridge and no longer operates as a drawbridge. The removal of the operating schedule from 33 CFR 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 PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 23489 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, E:\FR\FM\22MYR1.SGM 22MYR1 23490 Federal Register / Vol. 84, No. 99 / Wednesday, May 22, 2019 / Rules and Regulations we do discuss the effects of this rule elsewhere in this preamble. DEPARTMENT OF HOMELAND SECURITY F. Environment Coast Guard 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 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: ■ Authority: 33 U.S.C. 499; 33 CFR 1.05–1; Department of Homeland Security Delegation No. 0170.1. § 117.723 [Amended] 2. In § 117.723, remove paragraph (h) and redesignate paragraphs (i) and (j) as paragraphs (h) and (i). jbell on DSK3GLQ082PROD with RULES Dated: May 9, 2019. A.J. Tiongson, Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District. [FR Doc. 2019–10683 Filed 5–21–19; 8:45 am] BILLING CODE 9110–04–P 15:56 May 21, 2019 [Docket Number USCG–2019–0387] RIN 1625–AA00 Safety Zone; Tug CHAMPION and Deck Barge MM–142 Operating in the Straits of Mackinac Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone in the Captain of the Port, Sault Sainte Marie zone. This temporary safety zone is necessary to protect the public, contractors, and the contractor’s equipment from potential hazards associated with drilling, coring and surveying by persons conducting cable replacement and subsurface investigations in the Straits of Mackinac. Vessels will not be able to operate in certain U.S. navigable waters in the Straits of Mackinac within 500 yards of the Tug Champion and Deck Barge MM–142 without authorization from the Captain of the Port. DATES: This rule is effective without actual notice from May 22, 2019 through 7 p.m. on June 7, 2019. For the purposes of enforcement, actual notice will be used from 7 a.m. to 7 p.m. daily from May 17, 2019, through June 7, 2019. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2019– 0387 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 CWO Robert A Gruschow, Sector Sault Sainte Marie Waterways Management Division, U.S. Coast Guard; telephone (906) 253–2246, email Robert.A.Gruschow@uscg.mil. SUPPLEMENTARY INFORMATION: SUMMARY: I. Table of Abbreviations ■ VerDate Sep<11>2014 33 CFR Part 165 Jkt 247001 CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background Information and Regulatory History The Coast Guard is issuing this temporary rule without prior notice and PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because doing so would be impracticable and contrary to the public interest. Drilling and coring must be done so that the American Transmission Company can begin the replacement of the servicing lines. Delaying this rule to wait for a notice and comment period to run would be impracticable and contrary to the public interest because it would inhibit the Coast Guard’s ability to protect the public from the potential hazards associated with drilling, coring and surveying. We are issuing this final rule, and under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making it effective less than 30 days after publication in the Federal Register. For the same reasons discussed in the preceding paragraph, a 30 day notice period would be impracticable and contrary to the public interest. It is impracticable to publish an NPRM because we must establish this safety zone immediately to protect the public from the hazards associated with drilling, coring and surveying. III. Legal Authority and Need for Rule The legal basis for the rule is the Coast Guard’s authority to establish safety zones: 46 U.S.C. 7003; 33 CFR 1.05–1, 160.5; Department of Homeland Security Delegation No. 0170.1. The American Transmission Company is scheduled to conduct cable replacement and subsurface investigations in the Straits of Mackinac from 7 a.m. to 7 p.m. daily from May 17, 2019 through June 7, 2019. This rule is needed to protect the public and responders within the safety zone from potential hazard associated with drilling, coring and surveying by persons on the Tug CHAMPION and Deck Barge MM–142 while this work is being done. IV. Discussion of the Rule This rule establishes a safety zone that will be enforced from 7 a.m. to 7 p.m. daily from May 17, 2019 through June 7, 2019, unless drilling coring and surveying work is completed before June 7. If the COTP determines the rule E:\FR\FM\22MYR1.SGM 22MYR1

Agencies

[Federal Register Volume 84, Number 99 (Wednesday, May 22, 2019)]
[Rules and Regulations]
[Pages 23488-23490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10683]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2019-0108]
RIN 1625-AA09


Drawbridge Operation Regulation; Hackensack River, Little Ferry, 
NJ

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is removing the existing drawbridge operation 
regulation for the S46 (New Jersey Department of Transportation) Bridge 
across Hackensack River, mile 14.0, at Little Ferry, New Jersey. The 
drawbridge was replaced with a fixed bridge in 2018 and the operating 
regulation is no longer applicable or necessary.

DATES: This rule is effective May 22, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0108. 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. Judy Leung-Yee, Bridge Management Specialist, First 
Coast Guard District Bridge Program, telephone 212-514-4336, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this final rule without prior notice and 
opportunity to comment pursuant to authority under section 4(a) of the 
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision 
authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that 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

[[Page 23489]]

respect to this rule because S46, the New Jersey Department of 
Transportation Bridge, that once required draw operations in 33 CFR 
117.723(h), was replaced with a fixed bridge on June 5, 2018. 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 10 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 to the S46 bridge has already taken place and the removal 
of the regulation will not affect mariners currently operating on this 
waterway. Therefore, a delayed effective date is unnecessary.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
    The S46 (New Jersey Department of Transportation) Bridge across the 
Hackensack River, mile 14.0, was converted to a fixed bridge on June 5, 
2018. 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 117.723(h), that pertains to the former drawbridge.
    The purpose of this rule is to remove paragraph (h) of 33 CFR 
117.723 that refers to the S46 Bridge at mile 14.0, 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 117.723 by 
removing restrictions and the regulatory burden related to the draw 
operations for this bridge that is no longer a drawbridge. The change 
removes paragraph (h) of the regulation governing the S46 Bridge since 
the bridge has been converted into a fixed bridge. This Final Rule 
seeks to update the Code of Federal Regulations by removing language 
that governs the operation of the S46 Bridge, which in fact is no 
longer a drawbridge. This change does not affect waterway or land 
traffic. This change does not affect nor does it alter the operating 
schedules in 33 CFR 117.723 that govern the remaining active 
drawbridges on Hackensack River 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 converted into a fixed bridge and no longer operates as a 
drawbridge. The removal of the operating schedule from 33 CFR 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,

[[Page 23490]]

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 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.  117.723  [Amended]

0
2. In Sec.  117.723, remove paragraph (h) and redesignate paragraphs 
(i) and (j) as paragraphs (h) and (i).

    Dated: May 9, 2019.
A.J. Tiongson,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2019-10683 Filed 5-21-19; 8:45 am]
BILLING CODE 9110-04-P