Drawbridge Operation Regulation; Bronx River, Bronx, NY, 43043-43045 [2019-17938]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 84, Number 161 (Tuesday, August 20, 2019)]
[Rules and Regulations]
[Pages 43043-43045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17938]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2019-0442]
RIN 1625-AA09


Drawbridge Operation Regulation; Bronx River, Bronx, NY

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is removing the existing drawbridge operation 
regulation for the Bruckner Boulevard Bridge across the Bronx River, 
mile 1.1, Bronx, New York. The drawbridge was replaced with a fixed 
bridge in December 2014 and the operating regulation is no longer 
applicable or necessary.

DATES: This rule is effective August 20, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0442. 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 
[email protected].

[[Page 43044]]


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

    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 Bruckner Boulevard Bridge, that once required 
draw operations in 33 CFR 117.771(a), was replaced with a fixed bridge 
in December 2014. Therefore, the regulation 33 CFR 117.771 (a) is no 
longer applicable and shall be removed from publication. It is 
unnecessary to publish an 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.
    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 
over Bronx River for 54 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 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 Bruckner Boulevard Bridge across the Bronx River, mile 1.1 was 
modified with a fixed bridge in December 2014. 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 the Bruckner Boulevard Bridge. The elimination of 
this drawbridge necessitates the removal of the drawbridge operation 
regulation, 33 CFR 117.771(a) and the modification of 33 CFR 
117.771(c), that pertain to the former drawbridge.
    The purpose of this rule is to remove the no longer applicable 
section of 33 CFR 117.771(a) and modify 33 CFR 117.771(c), which refers 
to the Bruckner Boulevard Bridge at mile 1.1, 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 117.771 by 
removing restrictions and eliminating regulatory burden related to draw 
operations for this bridge that is no longer a drawbridge. The change 
removes the section 33 CFR 117.771(a) of the regulation governing the 
Bruckner Boulevard Bridge since the bridge has been modified to a fixed 
bridge. This rule also modifies section 33 CFR 117.771(c) by removing 
reference to the requirement that the Bruckner Boulevard Bridge 
maintain clearance gauges. This Final Rule seeks to update the Code of 
Federal Regulations by removing language that governs the operation of 
the Bruckner Boulevard Bridge, which 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 Sec.  33 CFR 
117.771 that govern the remaining active drawbridge on Bronx 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.
    The Coast Guard does not consider this rule to be ``significant'' 
under that Order because it is an administrative change and does not 
affect the way vessels operate on the waterway. 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 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 V.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 
section.
    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

[[Page 43045]]

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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

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 Environmental Planning COMDTINST 5090.1 
(series), 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 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. It is categorically excluded from further 
review under paragraph A3 in Table 3-1 of U.S. Coast Guard 
Environmental Planning Implementing Procedures 5090.1.
    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.  117.771  [Amended]

0
2. In Sec.  117.771:
0
A. Remove paragraph (a) and redesignate paragraph (b) as paragraph (a), 
and;
0
B. Redesignate paragraph (c) as paragraph (b), and;
0
C. In the newly redesignated paragraph (b), remove ``Bruckner Boulevard 
Bridge, mile 1.1 and the'' and ``both''.

    Dated: July 29, 2019.
A.J. Tiongson,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2019-17938 Filed 8-19-19; 8:45 am]
 BILLING CODE 9110-04-P