Drawbridge Operation Regulation; Niantic River, Niantic, CT, 70426-70428 [2019-27272]
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Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Rules and Regulations
(3) 5 U.S.C. 552a(e)(4)(G) and (H)
require an agency to publish a Federal
Register notice concerning its
procedures for notifying an individual,
at his/her request, if the system of
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and subsection (d) of the Privacy Act,
concerning access to records, these
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extent that this system of records will be
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the Privacy Act. Although the system
would be exempt from these
requirements, the NLRB has published
information concerning its notification,
access, and contest procedures because,
under certain circumstances, it may be
appropriate for a subject to have access
to a portion of that individual’s records
in this system of records.
(4) 5 U.S.C. 552a(e)(4)(I) requires an
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(5) 5 U.S.C. 552a(f) requires an agency
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Dated: December 9, 2019.
Roxanne L. Rothschild,
Executive Secretary.
[FR Doc. 2019–26820 Filed 12–20–19; 8:45 am]
BILLING CODE 7545–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2019–0545]
RIN 1625–AA09
Drawbridge Operation Regulation;
Niantic River, Niantic, CT
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is modifying
the operating schedule that governs the
S156 Bridge across the Niantic River,
mile 0.1 at Niantic, CT. The bridge
owner, the Connecticut Department of
Transportation, submitted a request to
allow six hours notice for night time
transits during the months of November
and April due to infrequent bridge
openings. This final rule will approve
the request and align the regulations for
the S156 Bridge with other Connecticut
Department of Transportation Bridges.
DATES: This rule is effective January 22,
2020.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov. Type USCG–
2019–0545 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 Mr. Jeffrey Stieb, First Coast
Guard District Bridge Management
Specialist; telephone 617–223–8364,
email Jeffrey.D.Stieb@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
CT DOT Connecticut Department of
Transportation
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
II. Background Information and
Regulatory History
On August 20, 2019, the Coast Guard
published a notice of proposed
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rulemaking entitled ‘‘Drawbridge
Operation Regulation; Niantic River,
Niantic, CT’’ in the Federal Register (84
FR 43093). In the NPRM, incorrect
clearances for the bridge were provided.
The correct clearances are provided
below in Section III. No comments were
received in response to the NPRM and
no comments were made concerning the
more constrictive clearances in the
NPRM.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under the authority of 33 U.S.C. 499.
The S156 Bridge at mile 0.1 over the
Niantic River at Niantic, Connecticut,
has a vertical clearance of 32 feet at
mean high water and 34 feet at mean
low water. Vertical clearance is
unlimited when the draw is open.
Horizontal clearance is approximately
100 feet. Waterway users include
recreational and small commercial
vessels.
The existing regulation, 33 CFR
117.215(b), requires that from December
1 through March 31, from 8 p.m. to 4
a.m., the draw shall open on signal if at
least six hours notice is given. CT DOT
requested that the start of the winter
schedule begin one month sooner and
end one month later than presently
allowed by the regulation. This rule
change will align the winter operation
and staffing of the three CT DOT
drawbridges located in the same
operational area by extending the range
of months during which six hours
notice is required to include November
and April. This rule change will allow
for more efficient and economic
operation of the bridge while meeting
the reasonable needs of navigation.
The bridge logs show that during the
last three years only three requests to
open occurred between 8 p.m. and 4
a.m. in November and no request to
open were received between 8 p.m. and
4 a.m. in April. None of the requests
were from commercial vessels. CT DOT
and the Coast Guard conducted
outreach to stakeholders with no
objections received.
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.
The final rule provides that from
November 1 through April 30, between
the hours of 8:00 p.m. and 4:00 a.m., the
draw shall open on signal if at least six
hours notice is given. It is our opinion
that the proposed rule meets the
reasonable needs of marine traffic.
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Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Rules and Regulations
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 only three
vessel transits would have been affected
over the past three years. We believe
that this change to the drawbridge
operation regulation at 33 CFR
117.215(b) will meet the reasonable
needs of navigation.
lotter on DSKBCFDHB2PROD with RULES
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 received no comment
from the Small Business Administration
on this rule. 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 will continue to open on
signal with six hours notice between the
hours of 8 p.m. and 4 a.m. during the
months of November and April. Based
on the last three years of records, an
average of one vessel annually will be
affected by the change. While some
owners or operators of vessels intending
to transit the bridge may be small
entities, for the reasons stated in section
V.A above, this rule will not have a
significant economic impact on any
vessel owner or operator.
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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. If you
believe this rule has implications for
federalism or Indian tribes, please call
or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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70427
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
(NEPA) (42 U.S.C. 4321–4370f). We
have made a determination 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 promulgates the
operating regulations or procedures for
drawbridges. This action is categorically
excluded from further review, under
paragraph L49, of Chapter 3, Table 3–1
of the U.S. Coast Guard Environmental
Planning Implementation Procedures.
Neither a Record of Environmental
Consideration nor a Memorandum for
the Record are 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;
and Department of Homeland Security
Delegation No. 0170.1.
2. Revise § 117.215(b) to read as
follows:
■
§ 117.215
*
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Niantic River.
*
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70428
Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Rules and Regulations
(b) The draw of the S156 Bridge, mile
0.1, at Niantic, shall open on signal;
except that, from 7 a.m. to 8 a.m., and
4 p.m. to 5 p.m., Monday through
Friday, except holidays, the draw shall
open only for the passage of commercial
vessels. From November 1 through April
30, from 8 p.m. to 4 a.m., the draw shall
open on signal if at least six hours
notice is given by calling the number
posted at the bridge.
section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Kristin Hall (15–H13), Air and Radiation
Division, EPA Region 10, 1200 Sixth
Avenue (Suite 155), Seattle, WA 98101,
(206) 553–6357, hall.kristin@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it refers
to the EPA.
Dated: December 4, 2019.
R.W. Warren,
Captain, U.S. Coast Guard, Acting
Commander, First Coast Guard District.
Table of Contents
I. Background
II. Final Action
III. Statutory and Executive Order Review
[FR Doc. 2019–27272 Filed 12–20–19; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2018–0810; FRL–10003–
25–Region 10]
Air Plan Approval; AK: Infrastructure
Requirements for the 2015 Ozone
Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Whenever a new or revised
National Ambient Air Quality Standard
is promulgated, the Clean Air Act
requires states to submit plans for the
implementation, maintenance, and
enforcement of such standard,
commonly referred to as infrastructure
requirements. On October 25, 2018, the
State of Alaska submitted such a plan
for the ozone standard revised on
October 1, 2015. In this action, the
Environmental Protection Agency (EPA)
is approving the Alaska plan as meeting
applicable infrastructure requirements.
DATES: This final rule is effective
January 22, 2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2018–0810. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information or other information the
disclosure of which is restricted by
statute. Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available at https://
www.regulations.gov, or please contact
the person listed in the FOR FURTHER
lotter on DSKBCFDHB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
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INFORMATION CONTACT
I. Background
On October 25, 2018, the Alaska
Department of Environmental
Conservation (ADEC) made a
submission addressing the
infrastructure requirements of CAA
section 110(a)(1) and (2) for the 2015
ozone NAAQS.1 On October 15, 2019,
we proposed to approve Alaska’s
infrastructure SIP submission (84 FR
55094). The reasons for our proposed
approval are included in the proposal
and will not be restated here. The public
comment period for the proposal closed
on November 14, 2019, and we received
one supportive comment. The full text
of the comment may be found in the
docket for this action.
II. Final Action
We are approving the Alaska SIP as
meeting the following CAA section
110(a)(2) infrastructure elements for the
2015 ozone NAAQS: (A), (B), (C),
(D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K),
(L), and (M). This action is being taken
under section 110 of the CAA.
III. Statutory and Executive Order
Review
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves State law as meeting
Federal requirements and does not
1 Alaska’s October 25, 2018 submission addresses
CAA sections 110(a)(1) and (2) infrastructure
requirements for the 2015 ozone NAAQS and
includes regulatory updates and permitting rule
revisions for approval into the SIP. We approved
the regulatory updates and permitting rule revisions
in a separate rulemaking on August 29, 2019 (84 FR
45419). We are also addressing the interstate
transport portion of the infrastructure requirements
related to CAA section 110(a)(2)(D)(i)(I) in a
separate action proposed on June 5, 2019 (84 FR
26041).
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impose additional requirements beyond
those imposed by State law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where the EPA or an Indian
tribe has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and it will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
E:\FR\FM\23DER1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 246 (Monday, December 23, 2019)]
[Rules and Regulations]
[Pages 70426-70428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27272]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2019-0545]
RIN 1625-AA09
Drawbridge Operation Regulation; Niantic River, Niantic, CT
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is modifying the operating schedule that
governs the S156 Bridge across the Niantic River, mile 0.1 at Niantic,
CT. The bridge owner, the Connecticut Department of Transportation,
submitted a request to allow six hours notice for night time transits
during the months of November and April due to infrequent bridge
openings. This final rule will approve the request and align the
regulations for the S156 Bridge with other Connecticut Department of
Transportation Bridges.
DATES: This rule is effective January 22, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov. Type USCG-
2019-0545 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 Mr. Jeffrey Stieb, First Coast Guard District Bridge
Management Specialist; telephone 617-223-8364, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
CT DOT Connecticut Department of Transportation
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 20, 2019, the Coast Guard published a notice of proposed
rulemaking entitled ``Drawbridge Operation Regulation; Niantic River,
Niantic, CT'' in the Federal Register (84 FR 43093). In the NPRM,
incorrect clearances for the bridge were provided. The correct
clearances are provided below in Section III. No comments were received
in response to the NPRM and no comments were made concerning the more
constrictive clearances in the NPRM.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under the authority of 33
U.S.C. 499. The S156 Bridge at mile 0.1 over the Niantic River at
Niantic, Connecticut, has a vertical clearance of 32 feet at mean high
water and 34 feet at mean low water. Vertical clearance is unlimited
when the draw is open. Horizontal clearance is approximately 100 feet.
Waterway users include recreational and small commercial vessels.
The existing regulation, 33 CFR 117.215(b), requires that from
December 1 through March 31, from 8 p.m. to 4 a.m., the draw shall open
on signal if at least six hours notice is given. CT DOT requested that
the start of the winter schedule begin one month sooner and end one
month later than presently allowed by the regulation. This rule change
will align the winter operation and staffing of the three CT DOT
drawbridges located in the same operational area by extending the range
of months during which six hours notice is required to include November
and April. This rule change will allow for more efficient and economic
operation of the bridge while meeting the reasonable needs of
navigation.
The bridge logs show that during the last three years only three
requests to open occurred between 8 p.m. and 4 a.m. in November and no
request to open were received between 8 p.m. and 4 a.m. in April. None
of the requests were from commercial vessels. CT DOT and the Coast
Guard conducted outreach to stakeholders with no objections received.
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.
The final rule provides that from November 1 through April 30,
between the hours of 8:00 p.m. and 4:00 a.m., the draw shall open on
signal if at least six hours notice is given. It is our opinion that
the proposed rule meets the reasonable needs of marine traffic.
[[Page 70427]]
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 only
three vessel transits would have been affected over the past three
years. We believe that this change to the drawbridge operation
regulation at 33 CFR 117.215(b) 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 received no comment from the Small Business
Administration on this rule. 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 will continue to open on signal with six hours notice
between the hours of 8 p.m. and 4 a.m. during the months of November
and April. Based on the last three years of records, an average of one
vessel annually will be affected by the change. While some owners or
operators of vessels intending to transit the bridge may be small
entities, for the reasons stated in section V.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
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please call or email 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 (NEPA) (42 U.S.C. 4321-4370f). We have
made a determination 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 promulgates the operating regulations
or procedures for drawbridges. This action is categorically excluded
from further review, under paragraph L49, of Chapter 3, Table 3-1 of
the U.S. Coast Guard Environmental Planning Implementation Procedures.
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are 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. 117.215(b) to read as follows:
Sec. 117.215 Niantic River.
* * * * *
[[Page 70428]]
(b) The draw of the S156 Bridge, mile 0.1, at Niantic, shall open
on signal; except that, from 7 a.m. to 8 a.m., and 4 p.m. to 5 p.m.,
Monday through Friday, except holidays, the draw shall open only for
the passage of commercial vessels. From November 1 through April 30,
from 8 p.m. to 4 a.m., the draw shall open on signal if at least six
hours notice is given by calling the number posted at the bridge.
Dated: December 4, 2019.
R.W. Warren,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 2019-27272 Filed 12-20-19; 8:45 am]
BILLING CODE 9110-04-P
